Germany grappled with a surge in packaging consumption in the late 1980s, driven by economic growth exacerbating the strain on waste management facilities. Insufficient infrastructure, including landfills, incinerator plants, and composting facilities, could not accommodate the escalating packaging waste from private households and small-scale businesses.
In response, the German government introduced the Packaging Waste Ordinance (VerpackV) in 1991, pioneering closed cycle economy principles and product responsibility. This landmark ordinance targeted closing the materials loop and reducing disposed packaging waste by integrating disposal costs into product sales prices.
The ordinance underwent revisions over the years, notably in the late 1990s when extended producer responsibility (EPR) principles for packaging were introduced. Manufacturers and distributors were tasked with return and disposal obligations, inaugurating the Dual System – a nationwide collection and recycling system of used sales packaging. The system enabled producers to fulfil their take-back and recycling duties through delegation to third party operators.
However, challenges emerged, including inadequate participation from all obligated producers, giving rise to free riders. To ensure fair participation, the German government replaced the Packaging Waste Ordinance with the Packaging Act (VerpackG) in 2019. The Act introduced universal registration requirements with the Central Agency before placing packaging with mandatory system participation on the market. This update aimed to level the playing field and enhance the effectiveness of packaging waste management. Further details on the Act are below.
Table 1. Summary of regulations regarding EPR for packaging in Germany.
Regulations | Implementation Date | Status |
Packaging Waste Ordinance (VerpackV) | 1 December 1991 | Repealed |
Packaging Act (VerpackG) | 1 January 2019 | In effect |
The Packaging Act imposes a registration obligation to anyone in Germany who produces, imports or additionally packages goods for private end customers, such as online retailers. There is no limit on small companies for this obligation.
The Act also imposes the obligation to file a declaration of completeness. Unlike registration, this obligation applies to selected producers who meet the criteria outlined in Table 2.
Table 2. The scope of businesses subject to the obligation of filing a declaration of completeness under Germany’s EPR scheme.
Sector | Scope of businesses |
Annual product distribution for the first time in the previous calendar year | |
Glass | More than 80,000 kilograms |
Paper, paperboard, and cardboard | More than 50,000 kilograms |
Aluminium packaging, ferrous metal packaging, beverage box packaging, or other composite packaging | More than 30,000 kilograms |
Companies are under obligation when they use any packaging that typically ends up in a private consumer’s trash after use, including the packaging categories outlined below.
E.g. shipping cartons, folding cartons, packing paper and paper bags
E.g. non-reusable bottles and jars (coloured or colourless)
E.g. plastic bags, wrap, bottles, blister packs and pots
E.g. beverage and food cans, tubes
E.g. bottle caps, foil for chocolate, tubes for cream
Laminated cardboard and plastic/aluminium composites
Consisting of at least two different materials bonded across their entire surface, e.g. vacuum packaging for coffee
E.g. cotton, wood, rubber, copper or ceramics
To comply with the Packaging Act, producers are required to undertake the following steps.
Registration: Obligated producers are required to register in the LUCID public register, part of the Central Registry Packaging Regulation (Central Registry), and licence their packaging with a nationwide take-back system for used sales packaging (system operator) before circulating their products. Registration entails providing the following information:
Complete company and contract details
National identity number including the European or national tax registration number of the manufacturer
Brand names under which the manufacturer sells packaging that has to participate in a take-back system
Declaration that the legal obligation to contract with a take-back system has been fulfilled, declaration that all data given by the manufacturer is true.
The names of registered producers are made publicly available on the Central Agency’s website, ensuring complete transparency for all market players. Around 975,000 producers had registered in the LUCID packaging register as of March 2024.
System Participation: Producers must finance the recovery and recycling of their packaging by participating in one or more dual systems with a system operator to ensure nationwide take-back. System operator roles include:
Recovering packaging waste disposed by private final consumers in yellow bags/bins, paper bins and paper/glass containers and recycling them
Ensuring packaging waste is collected, sorted and recycled across Germany, and recycling quality is as high as possible.
Reporting: Producers must report the packaging data registered with the take-back system to the Central Registry without delay, including the following attributes:
Registration number
Material category and quantity of the packaging registered
Name of the take-back system in which the packaging participates
Period of participation in the take-back system.
This report can be prepared by a third party, but must be submitted first hand by the producer. Unlike in the case of the declaration of completeness, this reporting requirement is not subject to a de minimis threshold. This means that even those placing small quantities on the market must submit their data to the Central Agency, as specified above.
Declaration of Completeness: Producers subject to the related obligation must submit a declaration of completeness reviewed by registered experts, auditors, tax consultants or chartered accountants. Producers must also disclose deductions because of damaged or unsaleable packaged goods and the fulfilment of recycling requirements confirmed separately.
The elaborated steps are summarized in Figure 1.
The initial registration obligation took effect immediately upon the enactment of the Packaging Act on 1 January, 2019. Once registered, producers have to regularly submit data reports regarding the take-back system. The declaration of completeness for the previous year must also be submitted annually by 15 May.
The Packaging Act sets recycling targets producers must meet every year, with details outlined in the table below.
Table 3. Germany’s recycling targets for different material categories.
Material category | Recycling Target | ||
Until 2018 | From 2019 | From 2022 | |
Glass | 75% | 80% | 90% |
Paper, board and cartons | 70% | 85% | 90% |
Ferrous metals | 70% | 80% | 90% |
Aluminum | 60% | 80% | 90% |
Beverage carton packages | 60% | 75% | 80% |
Other composites | 60% | 55% | 70% |
Plastics | N/A | 90% | 90% |
Mechanical recovery (plastics) | 36% | 58.5% | 635 |
(Source: Verpackungsgesetz, 2020, Der Grüne Punkt, n.d.)
The Act also sets future targets to expand its coverage.
From 2023, caterers, delivery services and restaurants are obligated to offer reusable containers for takeaway food and beverages in addition to disposable ones.
From 2025, non-refillable PET beverage bottles must contain at least 25% recycled plastic content. From 2030, this quota will be increased to at least 30%.
The EPR system under the Packaging Act is designed to incentivise the utilisation of recyclates, renewable raw materials, and materials with high recyclability rates. These incentives are intended to be reflected in the participation or licence fees to the system operator, which will be determined based on ecological criteria over the medium term, also known as modulated licence fees. The specific criteria for these fees will be defined by the Central Agency under the supervision of the Environment Agency.
Table 4. Roles and responsibilities under Germany’s EPR scheme for packaging.
Responsibility | Upstream | Downstream | |
Product Design | Collection | Recycling | |
Physical responsibility | Producers | System operator | System operator |
Financial responsibility | Producers | Producers | Producers |
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