The most frequently asked questions by our online retailers
The aim of the Packaging Act is to promote the principle of the manufacturer's product responsibility. In the past, some manufacturers have not complied with the law. The Stiftung Zentrale Stelle Verpackungsregister (Central Packaging Registry) creates transparency and increases product responsibility. The aim is to avoid unnecessary packaging waste.
How does registration work?
The registration process with the Central Registry will be very simple. It is done purely electronically on the website https://www.verpackungsregister.org There you will find the button for registering for the LUCID register, which is transparent and therefore public.
Is the retailer obliged to participate in the system if the goods sold are shipped directly by the manufacturer and he/she therefore does not "come into contact" with the packaging at all? (Dropshipping)
If the manufacturer does not touch the packaging and its contents without further packaging, no system participation by the retailer is necessary. Manufacturers of packaging shipped from abroad are also subject to full licensing after the wording has been expanded.
Does the retailer still have to register in these dropshipping cases?
No, nothing else can apply but in relation to the system participation duty. If the online retailer does not come into contact with the packaging, the duty to register does not apply to him/her, but to the manufacturer as the first distributor.
In what cases does a manufacturer or distributor not have to participate in a dual system?
If packaging is used that has already been registered and is therefore not placed on the market for the first time, the duty to participate in the system does not apply.
But does the duty to register only apply to a certain quantity?
No. The duty to register is independent of the quantity placed on the market. This means that anyone who places packaging on the market for the first time and on a commercial basis must register.
What about used shipping materials? Are they subject to registration?
If they are not yet registered, yes. Used shipping materials can also be placed on the market for the first time and thus be disposed of as waste by the end consumer.
Is there a charge for registration?
According to the Central Registry, registration is free of charge. Registration costs are covered by systems and industry solutions.
What are the consequences of violations of the Packaging Act?
In the event of non-registration or the sale of goods whose manufacturer has not registered the trademarks sold, a fine of up to €100,000 may be imposed. A fine of up to €200,000 is due for non-participation in a system.
Does a message that the shop has registered with the Central Registry have to be noted in the online shop?
No, there is no duty for retailers to provide information in this regard. The registration is noted online on the LUCID platform and is therefore transparent and can be viewed by anyone.
What should be done if it is not clear whether the packaging is "typically" generated as waste?
The Central Registry has the competence to decide on request whether packaging is to be classified as subject to system participation. This can be put online at https://www.verpackungsregister.org/ .
Can someone else be asked to register?
No. Registration and data reporting to the Central Registry must be done in person. However, third parties may be commissioned to perform further duties.
Legal advice & warning representation from Händlerbund
As part of the Premium or Unlimited membership package, you can take advantage of legal advice, depending on the scope of services, and prepare yourself comprehensively for the new packaging law. If you should receive a warning for incorrect implementation in the future, we will advise you and help you with further procedures in the case of a warning.