New Legal Basis: Packaging Law Implementation Act (VerpackDG)

With the transition from the Packaging Act (VerpackG) to the Packaging Law Implementation Act (VerpackDG) effective August 12, 2026, manufacturers of packaging not subject to mandatory participation in a recycling system will be required to obtain authorisation from the Central Packaging Register (ZSVR). To give the ZSVR time to set up the necessary IT systems and processes, the VerpackDG includes a transition period lasting until December 31, 2027. Until then, the manufacturers in question may continue to operate in Germany even without authorisation.

 

The obligation of manufacturers and subsequent distributors to take back and recycle their used packaging not subject to mandatory system participation - as stipulated in the Packaging Act (VerpackG)- remains unchanged. This is where our service, which has proven itself over many years, comes in: we relieve the affected manufacturers of these obligations. Until the transition period expires on October 31, 2027, we will continue to offer this service unchanged and to the same extent as before; after that, we too will need authorisation as an “other organization for producer responsibility” (sOfH) from the ZSVR.

We will then continue to provide the service under this designation, ensuring a seamless transition.

What packaging is not subject to system participation?

The legislator generally distinguishes between packaging subject to system participation and packaging not subject to system participation, whereby the former means that a participation agreement must be concluded with a system such as Der Grüne Punkt, through which the legally required collection, sorting and recycling of used packaging is paid for. For packaging not subject to mandatory system participation, however, entering into a service agreement is optional; that is, the manufacturer can choose whether to handle the take-back and recycling of its used packaging on its own or to commission a third party to do so.

In simple terms, the two groups can be distinguished based on where the respective packaging is generated as waste. If this typically occurs primarily in private households or at comparable sources such as hospitals, restaurants, government offices or small businesses, there is a legal obligation to participate in a system such as Der Grüne Punkt.

 

The decision regarding which packaging is affected is set forth in the catalogue of packaging subject to system participation maintained by the Central Agency Packaging Register (ZSVR).

Further information regarding the obligation to system participation is available from the ZSVR:

catalogue database ZSVR

 

 

Since a classification that deviates from the catalogue - for example, due to individual distribution channels or customers - is not permitted, this defines the second group: packaging not subject to mandatory system participation. This group primarily includes transport packaging, which typically arises as waste in commerce and industry and is defined as follows under Article 3(1)(7) of the PPWR:

 

“‘Transport packaging’ means packaging designed to facilitate the handling and transport of one or more sales units or a combination of sales units in such a way as to prevent damage to the product during handling and transport […]”

 

In many cases, this refers to a second layer of packaging that protects one or more inner sales packages. While sales packaging, as defined in the above-mentioned catalogue, is often subject to the requirement to system participation, this obligation generally does not apply to transport packaging.

 

What legal obligations must be met?

 

There is a take-back and recycling obligation for packaging not subject to system participation. Specifically, Section 39 of the Packaging Law Implementation Act (VerpackDG) provides as follows:

 

“Manufacturers and subsequent distributors in the supply chain are required to collect the aforementioned used, completely empty packaging of the same type, shape and size as that which they made available within the federal territory, at the location of actual handover or in its immediate vicinity, separately from other waste and to take it back free of charge.”

Our service offer in detail

Manufacturers subject to the Packaging Law Impementation Act (VerpackDG) may commission third parties, such as Der Grüne Punkt, to take back and recycle their used packaging. This is already possible without any issues and will continue, at the latest, as of October 31, 2027, under the umbrella of Der Grüne Punkt’s newly authorised “Other Organization for Manufacturer Responsibility” (sOfH). At that time, provided the mandate covers all packaging not subject to mandatory system participation, manufacturers will be able to avoid the burdensome licensing requirement. The sOfH will assume this responsibility in their place.

 

In addition to the purely administrative advantages of outsourcing, our service naturally also includes the seamless operational implementation of take-back and recycling obligations.

When waste-generating entities (retail, commercial, industrial) issue a take-back request to you as the responsible manufacturer, we handle the take-back and recycling as needed, either through a one-time or scheduled disposal for the respective waste-generating entity.

 

Process and service offer Der Grüne Punkt

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Our service team is available for you under the following contact details:

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