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The European Packaging Directive (Packaging Directive) regulates the placing on the market, return and high-quality recycling of packaging and is transposed into German law by the Packaging Act (VerpackG).
Packaging subject to system participation is sales packaging that is distributed commercially for the first time (distributors and retailers). The initial distributor is obliged to license the packaging and register it with the LUCID packaging register.
The law imposes product stewardship obligations on various legally defined actors, such as:
Distributors, (online) retailers and fulfillment service providers in the packaging and filling materials sector are also not exempt from the new obligations and are required to carry out checks.
In case of non-compliance, there is the threat of administrative offence proceedings and severe fines, e.g. in Germany of up to €100,000 for all actors who do not properly comply with the legal obligations.
Don’t miss out on your legal obligations in the respective EU countries and get in touch now to be informed about the obligations in the respective sales markets and to implement them safely.
If you are a legal actor in the scope of packaging (based on the legal text, such as VerpackG), learn more about your obligations here:
The Packaging Act in Germany, VerpackG for short, distinguishes between sales packaging, secondary packaging and transport packaging (see FAQ Packaging). The law defines sales packaging as service packaging that enables and supports the handover of goods to the end consumer and shipping packaging that enables or supports the shipment of goods to the end consumer. In terms of the VerpackG, outer packaging and transport packaging are also considered to be separate types of packaging, which must be correctly differentiated.
There are countless details to consider in order to correctly record the packaging obligation EU-wide and country-specific. Contact us already now to stay up to date on all the changes around packaging legislation.
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Anyone who fills packaging subject to system participation with goods for the first time and distributes it, e.g. makes it available on the German market, must license it (participation in a dual system) and carry out a registration in the German packaging register LUCID at the Stiftung Zentrale Stelle Verpackungsregister.
In accordance with the Packaging Act (as the national transposition of the Packaging Directive), packaging licensing is mandatory for both manufacturers and distributors when you place sales packaging on the market in Germany for the first time.
We will be happy to support you in registering with LUCID, concluding a contract with a dual system, packaging licensing and submitting sales figures and annual volume reports. This applies not only in Germany, but throughout the EU.
This is packaging that facilitates the transport of goods to trade and protects them from damage in transit. Unlike sales packaging, transport packaging is generated exclusively by commercial traders and is therefore not subject to system participation.
Nevertheless, this packaging is subject to some legal obligations that must be observed. We will be happy to advise you individually on the return and disposal of transport packaging that accumulates in the trade.
Do you need advice on identifying the packaging you place on the market? Would you like to find out whether you are a first distributor? You would like to be advised on the demarcation of distribution channels (private or commercial end user)?
We are happy to assist you with any obligations, measures and provide training to ensure you comply with laws and regulations.
National implementations of the Packaging Directive (Waste Packaging) lead to many differences in legislation and its implementation that need to be taken into account.
Do you export to other European countries? Whether for packaging, batteries or electrical appliances – we support you with our network solution in your sales countries (sales markets) so that you have the packaging directive under control and master it with flying colors.
If you are affected by these obligations, we can guide you through the implementation process by showing you step-by-step the requirements and helping you introduce necessary measures to comply with the laws and regulations.
Directive 94/62/EC of 20 December 1994 on packaging and packaging waste serves as the framework for the national implementation by the EU member states. The main objective of the Packaging Directive is to prevent and reduce the environmental impact of packaging waste and to ensure the functioning of the internal market. The Packaging Directive (94/62/EC) was last amended by Directive 2015/720/EU (OJ L 115, 6.5.2015, p. 11).
Producers, importers, distributors as well as online retailers of packaging who place batteries on the market for the first time on a professional basis. Basically any initial distributor is affected.
According to Packaging Directive 94/62/EC, a producer is any natural or legal person who places packaging on the market in any EU member state. This either can be the producer of the packaging itself, but also the reseller, irrespective of whether the reseller is established in the respective EU Member State or places on the market of that Member State from a third country. Those involved in the import of packaging and packaged products are also classified as producers.
Directive 94/62/EC defines packaging as all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods. ‘Non-returnable’ items used for the same purposes shall also be considered to constitute packaging.
‘Packaging waste’ shall mean any packaging or packaging material covered by the definition of waste in Directive 2008/98/EC, excluding production residues
‘Packaging’ consists only of:
We will also advise when participating in the dual system is mandatory.
Cf. Packaging FAQs>>>
Packaging subject to system participation is explained in detail in the following video:
You already have to meet specific labelling requirements for your pakaging products in all EU Member States. In addition, we can advise you on your producer responsibility in all EU member states where you have to fulfill further obligations and support you on the registration and reporting process as well as any other administrative requirements.
ECOLOGICON GmbH
Goldleite 9
97234 Reichenberg
Germany
info@ecologicon.com
phone +49 931 4523070
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04-95 Hong Lim Complex
Singapore 051531