Packaging Ordinance – Introduction and Definition of Terms
The Packaging Ordinance (VerpackV) was a central regulation in German environmental and waste law. The aim of the ordinance was to reduce the amount of packaging waste, promote the reuse and material recycling of packaging, and ensure environmentally sound disposal. The Packaging Ordinance obligated manufacturers and distributors of packaging to take certain measures in order to organize the take-back, recycling, and disposal of used packaging. In 2019, the VerpackV was replaced in Germany by the Packaging Act (VerpackG), which expanded and detailed the previous regulations.
Legal Basis and Development of the Packaging Ordinance
Statutory Classification
The Packaging Ordinance was first enacted on June 12, 1991 (BGBl. I p. 1234) and was based on § 24 of the Waste Act. The ordinance implemented requirements under European law, namely Directive 94/62/EC on packaging and packaging waste, into national law. Due to dynamic developments in waste and environmental law, it was amended several times before it ceased to be in force on January 1, 2019, and was replaced by the Packaging Act.
Objective and Purpose
The Packaging Ordinance aimed to prevent the generation of packaging waste, promote the reuse of packaging, and ensure environmentally compatible recycling and disposal. The responsibility for organizing take-back and recycling essentially lay with the manufacturers and distributors, in order to implement the polluter pays principle in waste law.
Scope of Application and Obligations
Scope of Application
The Packaging Ordinance applied to all packaging that could occur at the final consumer. This included in particular:
- Sales packaging (including service packaging)
- Grouped packaging
- Transport packaging
So-called system participation packaging, i.e. those typically resulting as waste at the private end consumer, were also subject to special requirements.
Obligations of Manufacturers and Distributors
Take-back and Recycling Obligations
Manufacturers and distributors of packaging were required to take back used, completely emptied packaging and deliver it to proper recycling. To do this, they had to participate in a nationwide take-back system (dual system) or set up their own appropriate take-back and recycling system.
Licensing Obligations
Sales packaging that typically results as waste at the end user had to be licensed with a dual system. Participation in a dual system was intended to ensure that the financial costs for collection, sorting, and recycling were distributed among distributors.
Documentation and Proof Obligations
Distributors were obligated to prove to authorities that their respective obligations had been fulfilled. This included, among other things, reporting the quantities of packaging placed on the market as well as submitting disposal and recycling evidence.
Systematics of the Packaging Ordinance
Definitions
The Packaging Ordinance defined various types of packaging precisely in § 3:
- Sales packaging: Packaging that is handed over to the final consumer as a sales unit.
- Grouped packaging: Packaging that groups together a certain number of sales units.
- Transport packaging: Packaging that facilitates the transport of goods and protects them from damage.
- Reusable packaging: Packaging that can be reused multiple times and is managed in a closed loop.
Participation in Take-back Systems
The take-back obligation for sales packaging was to be fulfilled by participating in dual systems. These were private companies that organized collection, sorting, and recycling through special collection containers (e.g., “Yellow Bag”, “Yellow Bin”).
Recycling Quotas
The Packaging Ordinance stipulated specific quotas for the material and energetic recycling of packaging waste. The goal was to reduce landfill and promote recycling.
Supervision and Control
Supervisory Authorities
Compliance with the regulations of the Packaging Ordinance was monitored by the competent state authorities. These had the right to demand evidence from those obligated regarding the fulfillment of their take-back and recycling obligations.
Sanctions for Violations
Violations of the provisions, such as non-participation in a system or missing evidence, could be prosecuted as administrative offenses with fines. The amount of the fine depended on the nature and extent of the violation.
Replacement by the Packaging Act
With effect from January 1, 2019, the Packaging Ordinance was replaced by the Packaging Act (VerpackG). The VerpackG continues the existing regulations but expands them with new requirements, such as mandatory registration with the Central Packaging Register Office, higher recycling quotas, and expanded legal control. The transitional regime governed the phasing out of old obligations and the transition to the new law.
Significance and Impact
The Packaging Ordinance made a significant contribution to the professionalization of packaging disposal and the introduction of nationwide take-back systems. By transferring disposal responsibility to manufacturers, the principle of product responsibility was further developed in German environmental law. The regulations also influenced international trade, as they applied to all packaging placed on the market within the ordinance’s scope.
Literature and Further References
- Directive 94/62/EC on packaging and packaging waste
- Law on the Placing on the Market, Take-back, and High-Quality Recycling of Packaging (Packaging Act – VerpackG)
- Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection: Packaging Ordinance (historical law)
Note: The term Packaging Ordinance is now of historical interest, as since January 1, 2019, the Packaging Act has been the decisive legal basis. For current issues, only the provisions of the VerpackG apply.
Frequently Asked Questions
Which companies are obligated under the Packaging Ordinance to participate in the system for packaging disposal?
In principle, all companies that first commercially place packaging filled with goods, whether sales, grouped, or transport packaging, on the German market are required to participate in a so-called dual system for packaging disposal. This includes manufacturers, importers, online retailers as well as brick-and-mortar retailers, provided they sell to the end consumer or place the goods on the market in Germany. The obligation also extends to foreign companies that deliver directly to German end customers via distance selling. However, an exception applies to companies that use only service packaging, such as bakeries, provided they can prove that system participation is confirmed by their upstream supplier. If packaging is supplied to commercial end users, different regulations may apply. Furthermore, each company must register with the Central Packaging Register (ZSVR) and report the quantities of packaging placed on the market. Failure to comply with these obligations can result in fines and a sales ban.
What registration and reporting obligations exist under the Packaging Ordinance?
Companies that first place packaging filled with goods on the market in Germany must register with the Central Packaging Register (ZSVR) in the online register LUCID prior to market introduction. This registration is publicly accessible and serves market transparency. In addition, obligated companies are required to independently report their packaging data such as material types and annual volumes to both the dual system and the ZSVR. Reports must be submitted on time, completely and correctly. Any changes must also be reported immediately. Failure to comply with registration and reporting obligations can result in severe sanctions, such as fines of up to 200,000 euros and a sales ban for the packaging concerned.
What sanctions are imposed for violations of the Packaging Ordinance?
If the requirements of the Packaging Ordinance are not met, especially regarding registration with the ZSVR, system participation or the proper and complete volume reporting, severe sanctions may apply. These include, on the one hand, fines, which can reach up to 200,000 euros, depending on the severity and scope of the violation. In addition, there is the so-called sales ban: packaging not properly registered or participated in the system may not be placed on the market. This can also result in recalls and cease-and-desist orders. Because the register is publicly accessible, violations can also be easily identified by competitors, resulting in warnings and legal action.
Do special regulations apply to online retailers under the Packaging Ordinance?
Online retailers who first fill packaging with goods and deliver them to end consumers in Germany are subject to the same obligations as brick-and-mortar retailers. They must register with the ZSVR, participate in a dual system, and report the quantities of packaging they place on the market. These obligations apply regardless of company location, so foreign retailers who deliver directly to German end consumers are also included. Special attention is paid to online retailers using marketplace structures: operators of online platforms may be obliged to check whether their retailers are registered and participate in a system. Otherwise, the retailer faces deletion or blocking of listings as well as further legal consequences.
How are packaging quantities correctly recorded and reported under the Packaging Ordinance?
Packaging quantities must be recorded and reported according to material type (plastic, paper, aluminum, glass, etc.) and type of packaging (sales, grouped, or transport packaging). The recording must be carefully and transparently documented to ensure verifiability and traceability for authorities or auditors. Reported quantities must be communicated both to the dual system and to the ZSVR. It is required to provide annual forecasts and an annual closing report in which the actual quantities placed on the market are stated. Incorrect or incomplete reporting can be penalized as an administrative offense. Companies must retain appropriate evidence for at least three years.
Are there differences in the legal treatment of service, transport, and sales packaging?
Yes, there are different legal requirements for the various types of packaging. Service packaging, such as carrier bags or coffee-to-go cups, is filled at the final distributor and handed over to the end consumer. Here, the obligation to participate in the system can be transferred to the upstream supplier if proven. Transport packaging, which typically does not occur at the end consumer but during distribution (e.g., pallets, strapping bands), is not subject to system participation but is subject to take-back and recycling requirements. Sales packaging, which typically results as waste at the private end consumer, is fully subject to the obligations of registration, system participation, and reporting. The exact classification is crucial for the legally sound implementation of the requirements.
