The most important question in German packaging law sounds simple: does a piece of packaging have to be registered with a dual system (system participation) or not? Licence fees, reporting obligations and fine risks all depend on the answer. In practice, though, the line is often hard to draw: for packaging that goes to both households and business customers, for shipping cartons, or for service packaging such as bakery bags.
Since 12 August 2026, the rules have been set out in the Packaging Law Implementation Act (Verpackungsrecht-Durchführungsgesetz, VerpackDG), which replaced the former Packaging Act (VerpackG). According to the Central Agency Packaging Register (ZSVR), the basic principle of system participation has not fundamentally changed, but section numbers, individual definitions and deadlines have ZSVR, Catalogue of packaging subject to system participation, general part. This article explains how to draw the line under the new law.
The definition: where does the packaging typically end up?
Under Section 3(6) VerpackDG, packaging subject to system participation means sales, secondary, primary production and transport packaging that, after use, typically ends up as waste with private end consumers or at comparable sources. Service packaging is always covered Section 3 VerpackDG.
What matters is not where your own packaging actually goes, but the overall market for the same type of packaging. If more than half of a packaging type ends up with private end consumers or comparable sources, every unit of that type is subject to system participation, including the ones you supply to business customers.
A common misconception: "We only sell to business customers, so this doesn't affect us." That is only true if the packaging type in question also ends up predominantly in commercial settings across the market as a whole. Typical consumer packaging remains subject to system participation even when it is delivered to a wholesaler.
Comparable sources
Private end consumers are not just households. Comparable sources under Section 3(7) VerpackDG are treated the same way, including:
- restaurants, canteens, cafés, hotels, holiday resorts and motorway service areas
- public administrations, barracks, hospitals, educational and charitable institutions
- offices of freelance professionals
- cinemas, theatres, museums, leisure parks and stadiums
- farms and craft businesses whose waste can be collected in household-type bins (no more than one 1,100-litre bin per collection group at normal household collection intervals)
Packaging that typically ends up in a restaurant or an office is therefore just as subject to system participation as packaging for households.
Packaging types at a glance
| Packaging type | Subject to system participation? | What to consider |
|---|---|---|
| Sales packaging for consumers | Yes | Standard case, also when supplied via wholesale |
| Service packaging (e.g. bakery bags, takeaway cups) | Yes, always | Participation can be shifted to the upstream distributor; own registration remains mandatory |
| Shipping packaging (online retail) | Usually yes | A subtype of transport packaging under the PPWR; the ZSVR continues to treat shipping packaging as subject to system participation |
| Secondary packaging | Depends on where it ends up | Subject to system participation if it typically ends up with end consumers |
| Transport packaging (freight, pallets) | No | Take-back obligation under Section 39 VerpackDG |
| Pure B2B packaging (e.g. industrial containers) | No, if commercial across the market | Take-back obligation under Section 39; registration still mandatory |
| Packaging of hazardous contents | No | Exemption under Section 11; separate take-back obligations |
| Reusable packaging | No | Exemption under Section 11 if part of a reuse system |
| Single-use beverage packaging subject to deposit | No | Exemption under Section 11; deposit system under Section 46 |
Service packaging
Service packaging is only filled by the final distributor, for example bread roll bags, pizza boxes, coffee cups or film at the deli counter. The definition now comes directly from the PPWR (Article 3).
The final distributor can require its upstream distributor, i.e. the supplier of the unfilled service packaging, to have already registered it with a system, and can ask for confirmation. The obligations to report data and submit a declaration of completeness then pass to the supplier Section 7 VerpackDG. The final distributor must still register itself and state that it only uses pre-licensed service packaging Section 6 VerpackDG.
Shipping packaging
For online retail, the classification has formally changed: under the PPWR, shipping and e-commerce packaging is a subtype of transport packaging, whereas under the old Packaging Act it counted as sales packaging.
In practice, little changes. In the ZSVR's view, transport packaging intended for shipping goods to end customers is subject to system participation because it ends up predominantly with private end consumers and comparable sources. Transport packaging used in freight forwarding is not covered ZSVR Catalogue, general part. Filling material has so far been treated as part of the shipping packaging; check the ZSVR's current guidance if you use large quantities.
What applies to packaging not subject to system participation
Companies placing B2B or transport packaging on the market are not exempt from obligations:
- Registration: Since July 2022, producers of all packaging types must register in LUCID, not just for packaging subject to system participation. The VerpackDG continues this; registration is broken down by packaging type.
- Take-back: Producers and distributors must take this packaging back free of charge at or near the point of handover, recover it and document this by 15 May. Different arrangements can be agreed in B2B relationships Section 39 VerpackDG.
- New: authorisation: Producers of packaging not subject to system participation will need authorisation from the ZSVR, including an insolvency-proof security, or must transfer their obligations to an authorised producer responsibility organisation. A transition period runs until 31 December 2027 Section 19 VerpackDG.
The ZSVR catalogue
For classification in individual cases, the Central Agency Packaging Register publishes the Catalogue of packaging subject to system participation. It is an administrative guideline that shows how the ZSVR decides; the obligation itself comes from the law. The current version has applied since 12 August 2026.
It contains a general part with definitions and a specific part with product sheets for each product group. A key criterion is often the fill size. Important: the catalogue is not exhaustive. If a product is missing, that does not mean it is exempt. For unclear cases, the ZSVR offers a classification procedure.
Sector solutions
Instead of a dual system, producers can under certain conditions use a sector solution (Branchenlösung): they take back packaging that is demonstrably delivered to comparable sources themselves, free of charge, and recover it. This requires a sector-specific collection structure, written confirmations from all comparable sources supplied, an audit by an expert and, new, authorisation and a financing agreement with the ZSVR. Existing sector solutions may continue to operate without authorisation until 31 October 2027 Section 8 VerpackDG.
Thresholds, marketplaces and fines
- No de minimis threshold: Registration and system participation apply from the first piece of packaging, including for small businesses and small online shops.
- Relief for small quantities: Companies placing less than 10 tonnes of packaging subject to system participation on the market per year can report their data once a year by 1 June instead of on an ongoing basis Section 9 VerpackDG.
- Declaration of completeness: Mandatory by 15 May above 80 tonnes of glass, 50 tonnes of paper and board or 30 tonnes of other materials Section 10 VerpackDG.
- Sales bans: Unregistered producers may not make packaging available, and fulfilment service providers may not work for them. Online marketplaces carry out checks under the Digital Services Act and the PPWR Section 13 VerpackDG.
- Fines: up to EUR 200,000 for failing to participate in a system and up to EUR 100,000 for failing to register Section 66 VerpackDG.
Transition deadlines that matter now
System participation agreements concluded before 12 August 2026 remain valid until 31 December 2026 at the latest. Check with your dual system whether your contracts for 2027 have been adapted to the VerpackDG. Changes to existing registration data must be made by 12 November 2026.
The transition rules are set out in Section 68 VerpackDG Section 68 VerpackDG.
How the section numbers have changed
| Topic | VerpackG (old) | VerpackDG |
|---|---|---|
| Definition of packaging subject to system participation | Section 3(8) | Section 3(6) |
| Comparable sources | Section 3(11) | Section 3(7) |
| Obligation to participate in a system | Section 7(1) | Section 7(1) |
| Service packaging (shifting upstream) | Section 7(2) | Section 7(2) |
| Sector solution | Section 8 | Section 8 |
| Registration | Section 9 | Section 6 |
| Data reporting | Section 10 | Section 9 |
| Declaration of completeness | Section 11 | Section 10 |
| Exemptions | Section 12 | Section 11 |
| Take-back of packaging not subject to system participation | Section 15 | Section 39 |
| Fines | Section 36 | Section 66 |
For an overview of the new two-tier system of PPWR and VerpackDG, see our article Packaging Act 2026: VerpackDG and PPWR.
How to check your packaging
List all packaging and packaging components by type, material and fill size.
Does the packaging type end up predominantly with end consumers or comparable sources across the market as a whole? Your own sales channel is not the only factor.
Match your products to the product sheets. If in doubt, use the ZSVR's classification procedure.
System participation for covered packaging; take-back and authorisation or transfer for everything else. Registration for all.
Adapt your system contracts for 2027 to the VerpackDG and plan quantity reports and the declaration of completeness.
Frequently asked questions
We only supply retailers. Do we still have to license our packaging?
Yes, if the packaging ends up with the end consumer. The obligation lies with the producer who first places the filled packaging on the market, whether it sells directly to consumers or via retail.
Is there a minimum quantity for small online shops?
No. Registration and system participation apply from the first piece of packaging. If you stay below 10 tonnes a year, however, you can report your data once a year.
Do shipping cartons have to be licensed?
Usually yes. The ZSVR treats shipping packaging that reaches end customers as subject to system participation, even though the PPWR classifies it as transport packaging.
Do I have to register if I only use transport packaging?
Yes. The LUCID registration requirement applies to producers of all packaging types. On top of that come take-back obligations and, in future, authorisation or transfer to an authorised organisation.
Does my existing system participation remain valid?
System participation agreements from before 12 August 2026 remain valid until 31 December 2026 at the latest. Clarify your 2027 contracts with your dual system in good time.
Related reading
- EPR Germany: Extended Producer Responsibility for Packaging Explained
- Producer, Manufacturer or Importer? Assigning EPR Roles Correctly
- LUCID Packaging Register 2026: Registration, Deadlines and the 5 Costliest Mistakes
- EPR Fees in Germany: How They're Calculated and How to Cut Them
Getting the classification right saves money and risk
If you classify packaging incorrectly, you either pay licence fees for packaging that is not subject to system participation, or you risk fines and cease-and-desist letters for missing participation. The basis for a reliable classification is a complete overview of all packaging with type, material, fill size and sales channel.
This article provides a general overview as of October 2026 and does not constitute legal advice. The VerpackDG, the PPWR and the current Catalogue of packaging subject to system participation published by the Central Agency Packaging Register are authoritative.
