PPWR and VerpackDG: when EU companies need an Authorised Representative for Extended Producer Responsibility in Germany
· Legal status: 17 October 2026
Since 12 August 2026, the new Packaging Law Implementation Act (VerpackDG) has applied in Germany. It implements the EU Packaging Regulation PPWR (EU 2025/40) and has replaced the previous Packaging Act (VerpackG). Companies from other EU countries that are producers in Germany must now appoint an Authorised Representative for Extended Producer Responsibility. Until now this was voluntary.
In this article we explain clearly: who is a producer, what VerpackDG regulates, which deadlines apply and when an authorised representative is needed.
VerpackDG instead of VerpackG – what has changed
The Packaging Act ceased to apply on 12 August 2026. Since then:
- requirements for the packaging itself (e.g. recyclability, labelling) mostly follow directly from PPWR,
- the German procedures – LUCID packaging register, dual systems, data reports, fines – are regulated by VerpackDG,
- VerpackDG takes the definition of producer directly from PPWR,
- companies without an establishment in Germany that are producers here must appoint an Authorised Representative for Extended Producer Responsibility (Art. 45 PPWR, § 5 VerpackDG).
Who is a producer under PPWR?
The definition is in Art. 3(1)(15) PPWR. Simplified: the producer is whoever makes packaging or a packaged product available for the first time in an EU Member State. It does not matter whether the company manufactures the goods itself, imports them or only resells them.
Full text of the provision: Regulation (EU) 2025/40 on EUR-Lex.
The easiest way is to answer two questions.
Question 1: Does your company have an establishment in Germany?
Yes – a company with an establishment in Germany is a producer if it is the first to make available on the German market:
- empty transport, service or primary production packaging – the producer is then the supplier of this finished packaging (point a),
- goods in other packaging, e.g. sales or grouped packaging – the producer is then whoever places the packaged goods on the market (point b),
- or if it unpacks goods without being the end user – but only if nobody else in the chain is the producer (point e).
No – a foreign company, e.g. from Poland, the Czech Republic, Austria or the Netherlands, is a producer in Germany if it delivers directly to end users in Germany:
- transport, service or primary production packaging (point c),
- or goods in other packaging (point d).
Question 2: Who is the end user?
An important detail that is often overlooked: the end user can also be a company, not only a consumer – e.g. a business that uses up or unpacks the goods and does not resell them. That is why points c and d can also cover B2B deliveries from other EU countries to Germany.
Practical examples
| Situation | Who is usually the producer in Germany? |
|---|---|
| An online shop from another EU country ships parcels to customers in Germany | the foreign shop (point d) |
| A manufacturer from another EU country delivers goods on pallets directly to a business in Germany that uses them up | the foreign manufacturer (points c and d) |
| A company from another EU country sells to a German wholesaler who resells | usually the German wholesaler (point b) – to be checked case by case |
| A foreign carton manufacturer sells empty cartons to a German company that packs its products in them | depends on the type of packaging and the customer – to be checked individually |
Every supply chain is different. The examples help with orientation but do not replace an assessment of the individual case.
The key VerpackDG provisions at a glance
These sections of VerpackDG most often affect producers without an establishment in Germany. The description is simplified – the legal text is decisive.
| VerpackDG provision | Content |
|---|---|
| § 3(6) | Which packaging is subject to system participation (mainly packaging that ends up with private final consumers) |
| § 5 | Authorised Representative for Extended Producer Responsibility for producers without an establishment in Germany; only one authorised representative per producer |
| § 6 | Registration in LUCID – always done by the producer itself, even with an authorised representative |
| § 7 | System participation with a dual system |
| § 9 | Data reports to LUCID and the dual system |
| § 10 | Declaration of Completeness once the thresholds are reached |
| § 13 | Ban on making packaging available without system participation or without the required approval |
| § 19 and § 22 | Approval by ZSVR or participation in a producer responsibility organisation (PRO) for packaging not subject to system participation |
| § 39 | Take-back and recovery of packaging not subject to system participation, e.g. transport and B2B packaging |
| § 46 | Deposit obligation for single-use beverage packaging |
| § 66 | Administrative offences and fines |
| § 68 | Transitional provisions and deadlines |
LUCID registration and the authorised representative
Many companies assume that registration in the LUCID packaging register is enough. That is not true.
The tasks are divided as follows:
- LUCID registration and changes to registration data – always the producer itself (§ 6 VerpackDG),
- appointment of the authorised representative – the producer in LUCID; the authorised representative accepts the appointment,
- data reports, system participation, Declaration of Completeness – the authorised representative, in its own name.
Packaging subject to system participation and other packaging
VerpackDG distinguishes two groups of packaging with different obligations.
Packaging subject to system participation is mainly sales and grouped packaging that ends up with private final consumers. The producer must participate in a dual system and report quantities – as before under VerpackG.
Packaging not subject to system participation includes transport packaging and packaging that ends up at companies. This is where the change is biggest: in addition to take-back and recovery, an own approval by ZSVR or participation in an approved producer responsibility organisation (PRO) will be required. A transition period applies until 31 December 2027.
Authorised Representative for Extended Producer Responsibility – what you should know
- One producer – one authorised representative. The obligations cannot be split between several companies (§ 5 VerpackDG).
- The authorised representative acts in its own name and is treated as the producer by the authorities.
- Past omissions – according to ZSVR, the current authorised representative may be obliged to make up for obligations missed in the past (e.g. retroactive participation in the dual system). It is therefore worth clarifying the situation before starting cooperation.
- A written power of attorney in German is required.
If your company is not a producer in Germany under the definition (e.g. if you only deliver to a German wholesaler who places the goods on the market itself), the obligation to appoint an authorised representative may not apply to you. Check this before you decide.
Transition periods under VerpackDG
| Deadline | Who is affected? | What needs to be done? |
|---|---|---|
| 12.09.2026 (expired) | Companies that became producers only through the new definition of producer | Registration in LUCID – anyone who missed it should do it immediately |
| 12.11.2026 | Companies registered in LUCID before 12.08.2026 | Check the registration and update it if necessary |
| 31.12.2026 | Companies with a system contract concluded before 12.08.2026 | Clarify whether the dual system has an approval under VerpackDG from 01.01.2027 |
| 31.12.2027 | Producers of packaging not subject to system participation | Own approval by ZSVR or participation in a PRO |
Checklist: what you should check now
- Clarify under which point (a–e) your company is a producer – separately for each type of packaging and each sales channel.
- Check whether your packaging ends up with private final consumers (dual system) or at companies.
- If you have a LUCID registration from before 12 August 2026, check the data by 12 November 2026.
- If you have a contract with a dual system, ask about its approval from 1 January 2027.
- If you have no establishment in Germany but are a producer there, check the obligation to appoint an authorised representative.
- Agree in writing with suppliers and customers who the producer is in your supply chain.
Frequently asked questions
Is registration in LUCID enough?
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In most cases, no. A company without an establishment in Germany that is a producer here must appoint an Authorised Representative for Extended Producer Responsibility in addition to the LUCID registration (Art. 45 PPWR, § 5 VerpackDG).
Are B2B deliveries to Germany also covered by VerpackDG?
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Yes, that is possible. The end user can also be a company. If you deliver directly to a business that uses up or unpacks the goods, you can be a producer in Germany.
Can the authorised representative register my company in LUCID?
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No. Registration in LUCID and changes to the registration data are non-delegable obligations of the producer. The authorised representative takes over the other obligations.
Can I have two authorised representatives in Germany?
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No. Under § 5 VerpackDG, each producer may appoint only one authorised representative.
What are the consequences of missing system participation or missing reports?
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Breaches are administrative offences under § 66 VerpackDG. ZSVR informs the competent federal state authority, which can impose a fine. In addition, packaging may not be made available without system participation or without the required approval.
How do I know whether I need an authorised representative?
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First clarify whether you are a producer in Germany under Art. 3(1)(15) PPWR. Our "Check obligations" test helps with this. If in doubt, you can also contact ZSVR directly.
This article is for general information only and reflects the legal status as of 17 October 2026. It does not constitute legal advice. In individual cases, the provisions of VerpackDG and PPWR and the position of ZSVR are decisive.
Sources: Regulation (EU) 2025/40 (PPWR); Packaging Law Implementation Act (BGBl. 2026 I No. 207); ZSVR – "Information for authorised representatives on their obligations" (08/2026).