In Germany, the Extended Producer Responsibility scheme mandates manufacturers to take additional responsibility covering the entire lifecycle of the products they release on the German market. Besides the manufacturing aspect, the law also applies to the collection and disposal of both products and packaging no longer in use.

The EPR scheme centres around a range of stipulations manufacturers in Germany need to comply with. Currently, EPR affects the majority of businesses, predominantly companies who either manufacture or distribute electricals and electronics and use packaging. Such businesses need to be licenced.

Since 1 July 2022, manufacturers and sellers must register with Zentrale Stelle Verpackungsregister (ZSVR), disclosing what type of packaging and brands they release on the German market. If the type of packaging you use is among those governed by the Packaging Act, you also need to sign up for at least one of the available recycling schemes. The ZSVR list shows you what types of packaging used across different product categories are regulated. For an overview of your packaging-related obligation, refer to this ZSVR diagram. 

§7(7) and §9(5-2) of the German Packaging Act (VerpackG) stipulate that we as operators of an online marketplace need to make sure that you as an affiliated seller who distributes packaging as a part of the sale only do so

1. After registering the respective packaging and products with the ZVSR; and
2. Signing up for at least one of the available recycling schemes. 

In order to comply with above, we need to ask you for proof or registration and licencing. If you do not want to provide this information, law that came into force on 1 July 2022 requires us to stop you from selling on our marketplace until you do.

More information about ZSVR registration and how to sign up for a recycling scheme is available on the ZSVR webpage. Below summary is also shown on the ZSVR page, together with further details and useful links. In terms of the Packaging Act, your main obligations as a manufacturer are as follows: 

Registration is only the first step

Register with the ZVSR and get a LUCID
Sign up for a recycling scheme
Report the amount of packaging you release

You registered with the ZSVR and obtained a LUCID because you sell products that use primary and secondary packaging!

Registration is only the first step:

• Businesses who release packaged products not yet on the German market are also responsible for recycling the packaging they use. They do this by signing up for a recycling scheme.
• This is why entering into a contract with one of recycling schemes is mandatory.
• After you signed up for one of these schemes you need to tell LUCID the amount of packaging you use LUCID (report your data!)

Otherwise, you are not complying with the Packaging Act and might face a sales ban and a fine!

Important: If your business is based elsewhere but you sell or release products in Germany, you will have to comply with the Packaging Act by registering with the ZSVR and signing up for one or more of the approved recycling schemes. Means Reverse Cross Border Sellers will also need to provide a valid LUCID number and proof of having contracted a recycling scheme.

Sellers whose businesses are registered abroad, and who do not operate a branch in Germany, can appoint a representative. For more information, click here. 

If you have questions about uploading proof of registration and recycling, please contact our Business Developer or Partner Success manager.

Any enquiries regarding the Packaging Act should be directed to the ZSVR.

Questions about how to implement the Packaging Act: anfrage@verpackungsregister.org

General enquiries: info@verpackungsregister.org

Phone helpline: +49 541 34310555

 

EU WEEE Directive (Implemented as ElektroG)

Since 1 July 2023, law requires online marketplace operators like us to make sure that sellers have registered the electrical and electronic products they list on our platform with Stiftung EAR. We do this by checking your WEEE number, product brand and device type against information held on the Stiftung EAR database. Unless there is a match you won’t be able to sell these items on our marketplace.  

If you have questions about uploading your WEEE number, product brand and device type, please contact our Business Developer or Partner Success manager.

More about how to register with Stiftung EAR available here.

For useful information about the relevant device categories, click here.

Other things you need to keep in mind when it comes to providing and maintaining product-related information in both product and offer data feeds (to ensure you pass the Stiftung EAR assessment) are explained here.

Important: If your business is based elsewhere but you sell or release products in Germany, you will have to comply with WEEE regulations. Means Reverse Cross Border Sellers will also need to provide a valid WEEE number when prompted. 

Sellers whose businesses are registered abroad, and who do not operate a branch in Germany, must appoint a representative to comply with the WEEE regulations. More information about how to do this is available here.

 

EU Single-use Plastics Directive (Implemented as EWKFondsG)

In Germany, the EU Single-use Plastics Directive has been gradually coming into force since 16 May 2023. Implemented in the form of the Single-use Plastics Funds Act (EWKFondsG), these regulations apply, among other things, to plastic carrying bags, party balloons and tobacco products. These laws aim to prevent, or lessen, the impact of disposable plastics on the environment, and first and foremost on marine ecosystems, and on human health.

§7 stipulates that manufacturers and distributors of single use products made of plastic must register with the Federal Environmental Agency and contribute to a joint fund that covers the costs of removing these products from public space.  The FEA will issue a registration number to manufacturers and distributors which will be published on the FEA webpage together with their names and the registration date.

Furthermore, §9 (3) of the EWKFondsG stipulates that, from 1 January 2025 onwards, we as a marketplace operator cannot allow people to “sell any of the single-use plastic products listed in Appendix 1 if the manufacturer of such single-use plastics products has not registered with the FEA in compliance with §7 (1).”

We will notify you of the exact implication of our obligations commencing on 1 January 2025 in due course. However, please use this section now to find out whether products you sell are listed in Appendix 1 of the EWKFondG. If so, please take the necessary steps to register with the FEA.