The Packaging Act has been in effect since January 1, 2019, imposing new regulations on retailers, manufacturers and importers. Part of the system participation obligation also includes registration with LUCID, a register designed to put an end to the distribution of unauthorized packaging and promote recycling and environmental protection.
Why do you have to register?
The Packaging Act stipulates that manufacturers of packaging must register with LUCID and participate in one or more circular economy systems to protect the environment and use resources responsibly. The packaging register is publicly accessible so that end consumers as well as retailers and authorities can easily check whether all regulations have been complied with. The register thus ensures greater transparency and facilitates the punishment of violations. Accordingly, it also contributes to independent market regulation by enabling the use of tools such as warning letters. Non-compliant free riders are thus identified and their number minimized. It also creates legal certainty by specifying who is allowed to trade in packaged products on the basis of registration. Without the registration of your products, you are not allowed to put the packages or packed goods on the market. Fines may be imposed for violation of this prohibition.
Who is required to register?
Manufacturers, traders and importers, i.e. all distributors who trade so-called packaging subject to system participation, must register with LUCID. Packaging whose purpose is to be filled with goods in order to sell them to the end consumer is subject to system participation. You are considered a manufacturer within the meaning of the Packaging Act if you fill packaging with products for the first time and trade in them commercially, as are dealers and importers who trade in products that are not yet known on the German market. The country of origin is irrelevant for this purpose.
If you import a packaged product from abroad to Germany, you are considered a manufacturer subjected to the law and are obliged to register at LUCID. The distribution method (online or stationary) is just as irrelevant as the retail level. The only exceptions are service packaging for prepared meals, carrier bags and disposable cups for coffee or similar. Here, the duty is not on the retailer, but on the pre-distribution stage.
You need an authorized representative within the meaning of the VerpackG if you, as a foreign company without a German branch, want to import packaging or packaged goods into Germany and sell them in your own name. For the duration of the authorization, the authorized representative assumes all tasks that arise for you as a company from the Packaging Act, for example, the conclusion of a contract with a system participation partner, the return of transport packaging, quantity reporting and more. However, you must register with LUCID on your own even if you use a proxy. It should be noted that you must conclude the contract with your legal representative in time before the registration.
With CERTIFY you have an experienced and competent partner at your side. We ensure that all information is available for a successful LUCID registration and provide you with comprehensive advice on all issues relating to the Packaging Act.
What is required for registration?
In order to register, you must deposit your master data with the Stiftung Zentrale Stelle Verpackungsregister (ZSVR). This includes the name of your company, an e-mail address, the responsible person and a responsible employee. You will then receive a registration number and be entered into the manufacturer’s register. In turn, you need the registration number to conclude a system participation contract, which you have committed to by registering.
What we can do for you
CERTIFY supports you throughout the entire registration process. We advise you on your obligations under the Packaging Act, compile the necessary information and documents and ensure a smooth process. We orient our professional service to your needs and, if commissioned accordingly, will gladly assume the function of the authorized representative. Our experts are familiar not only with German laws, but also with international regulations. Trust CERTIFY and save time, money and effort.
The ZSVR is a foundation under private law that fulfills the role of the central body provided for in §§ 24-30 VerpackG The function of the foundation and its statutes have been recognized by the Federal Ministry for the Environment.
LUCID registration by CERTIFY
CERTIFY offers a comprehensive service for dealers, manufacturers and distributors – throughout Germany and internationally. You too can benefit from our experience, legal expertise and industry knowledge. We support you with the LUCID registration, take over the registration in the dual system and ensure that everything is legally compliant and transparent. Get in touch with us! We will be happy to prepare an individual offer for you.