German Packaging Act and LUCID: What Online Retailers Should Know

What does the Packaging Act actually regulate?

The Packaging Act (VerpackG) came into force on January 1, 2019, implementing the European Packaging Directive 94/62/EC into German law. At its core, it covers packaging that ends up with private end consumers, meaning the box a customer opens after an online purchase, not the pallet moving between two warehouses.

The law requires every company that first places such packaging on the German market to register and to cover the costs of collection and recycling through a dual system. The Zentrale Stelle Verpackungsregister (ZSVR) is the authority responsible for registration, and LUCID is the name of its online register.

The two obligations: LUCID registration and system participation

In conversations with retailers, these two terms get mixed up almost every time. They are, however, two separate steps:

• LUCID registration: Registering with the ZSVR via the portal packaging-register.org. It is free of charge and publicly accessible; anyone can check online whether a company is registered.
• System participation: A contract with a dual system that issues licences for the reported quantities of packaging and organises its actual disposal. System operators currently authorised include Der Grüne Punkt, BellandVision, Interzero Recycling Alliance (Lizenzero), Landbell and PreZero Dual.

Both steps are mandatory. LUCID registration without participation in the system is not sufficient, and conversely, participation in the system without prior LUCID registration is not legally possible.

Who is responsible – the retailer or the fulfilment service provider?

The law refers to the „manufacturer“ of the packaging. This refers to the party who first places the packaging on the market in Germany on a commercial basis; as a rule, this is the retailer themselves, regardless of where the goods are stored or packaged. A fulfilment service provider who packs and dispatches goods on behalf of the retailer does not automatically become the manufacturer within the meaning of the law.

This also applies where the fulfilment partner provides the boxes or selects the packaging materials. The decision as to who places the goods on the market remains with the retailer. Under Section 7(7), third sentence, second clause of the Packaging Act (VerpackG), liability under packaging law expressly rests with the commissioning retailer, even if the fulfilment service provider carries out the actual packaging. Anyone who believes that a fulfilment contract resolves this issue as a matter of course is confusing operational cooperation with legal responsibility.

Since the legislative amendment in 2022: the obligation for fulfilment service providers to carry out checks

Since 1 July 2022, Section 3(14c) of the Packaging Act (VerpackG) has provided a statutory definition of the term „fulfilment service provider“, and this definition introduces a new obligation for these service providers themselves. According to this provision, a fulfilment service provider is defined as any person who, as part of their business activities, offers at least two of the following services to a distributor: warehousing, packaging, addressing and dispatching of goods to which the service provider itself has no right of ownership. The provision covers all types of packaging, not just individual material groups. Under Section 7(7), third sentence, first half-sentence of the VerpackG, a fulfilment service provider may only provide the aforementioned services for a customer if that customer is demonstrably registered with LUCID and participates in a dual system. The service provider must verify this before the collaboration begins, not only once a problem arises.

For the retailer, this has two implications. Firstly, having their own registration becomes a prerequisite for being able to work with a reputable fulfilment partner at all. Secondly, this obligation to verify also protects the retailer themselves, as a partner who scrutinises this aspect closely will generally also take a careful approach to other compliance issues.

What happens if the registration is missing or incorrect?

If LUCID registration or system participation is lacking, a sales ban applies. A compliance-conscious fulfilment service provider may then no longer store, pack or dispatch the goods in question until proof has been provided. This can happen in the middle of a current season and bring dispatch to a standstill for days or weeks.

Furthermore, as the manufacturer under packaging legislation, the retailer faces fines of up to 200,000 euros. Since 1 July 2022, marketplaces such as Amazon and eBay have also been legally obliged to check their sellers’ LUCID registration before a listing can be published. At OTTO, too, providing the LUCID number is now part of the account set-up process. A lack of registration can therefore block several sales channels at once, and a suspension on a major marketplace can reduce turnover to zero from one day to the next.

How to register correctly with LUCID

1. Registration with the ZSVR: Register via verpackungsregister.org using your company details. The process is free of charge.
2. Contract under a dual training system: Selection of a provider and reporting of the estimated annual packaging volumes by material (paper, plastic, glass, etc.).
3. Data reporting in LUCID: The completed system participation is recorded in the LUCID register and is thereafter available for public inspection.
4. Proof for partners and marketplaces: The LUCID registration number is sent to the fulfilment partner and to the marketplaces used.
5. Annual update: Packaging volumes must be reported on a regular basis. Anyone who reaches or exceeds any of the following thresholds in the previous calendar year must also submit a certified declaration of completeness: 80,000 kg for glass; 50,000 kg in total for paper, paperboard and cardboard; or 30,000 kg in total for ferrous metals, aluminium, plastics, beverage carton packaging and other composite packaging. The declaration must be submitted by 15 May of the following year at the latest; if this date falls on a weekend or a public holiday, the deadline is extended to the next working day. No extension of the deadline is permitted. Failure to meet the deadline constitutes an administrative offence, which may be punishable by a fine.

According to Amazon, once registration is complete, it may take up to 72 hours for the LUCID registration number to appear in the register itself and thus become available for use. Anyone already considering a fulfilment partner should start the registration process at the same time, so that the subsequent launch isn’t held up by this formality.

What to look out for when choosing a fulfilment partner

A fulfilment partner that takes its own duty to verify seriously will, on its own initiative, request the LUCID number and proof of participation in the system before accepting the first pallet. This is not a bureaucratic hurdle, but a useful indicator of how meticulously a supplier handles other requirements, such as returns processes or adherence to delivery deadlines.

Warehousing1 connects online retailers with a network of fulfilment partners in Germany and neighbouring countries. When selecting a suitable partner, compliance with the Packaging Act can be included directly as a criterion, alongside warehouse location, capacity and the scope of services. Anyone currently looking for a suitable partner or wishing to review their existing contract can Find a fulfilment partner now.

Frequently Asked Questions

Do I still need to register if my fulfilment provider supplies the boxes?

Yes. The obligation depends on who places the goods on the market, not on who supplies the packaging material. The retailer remains the manufacturer for the purposes of the law.

What is the difference between LUCID registration and system participation?

LUCID registration refers to registration with the ZSVR. Participation in the scheme refers to a separate contract with a dual system for the licensing of packaging volumes. Both are required.

Does the Packaging Act also apply to retailers outside Germany?

Yes. What matters is where the packaging ends up with the end consumer, not where the company is based. Anyone selling to Germany is subject to the registration requirement, regardless of where their company is based.

Can my fulfilment partner handle the LUCID registration on my behalf?

No, registration is linked to the company selling the goods. A fulfilment partner can assist with the documentation, but legal responsibility remains with the retailer.

What exactly happens if I resell goods without a valid LUCID number?

A fulfilment service provider that takes its duty to check goods seriously must suspend dispatch. Furthermore, there is a risk of fines and, in many cases, the suspension of listings on marketplaces such as Amazon or Otto.

How often do I need to report my packaging volumes?

At the start of each year, and no later than 31 December of the previous year, you must report the estimated packaging volumes for the coming year (planned volume report). By 15 May of the following year, you must amend this report to reflect the volumes actually placed on the market (annual final declaration). Anyone exceeding certain thresholds (for example, 80,000 kg for glass or 30,000 kg for plastics) must also submit a certified declaration of completeness by the same 15 May.

Sources

• Central Packaging Register (ZSVR): Overview of system operators
• Central Packaging Register (ZSVR): Obligation to provide a declaration of completeness
• Laws on the internet: Section 11 of the Packaging Act (VerpackG), Declaration of Completeness
• Laws on the internet: Section 36 of the Packaging Act (VerpackG), Provisions on Administrative Fines
• Amazon Seller Central: Extended producer responsibility requirements for packaging in Germany
• OTTO Market: Set up Partner Connect, LUCID and WEEE numbers
• it-recht-kanzlei.de: Fulfillment and dropshipping: who is responsible under packaging legislation?
• German recycling: The Packaging Act and fulfilment service providers: obligations from 2025 onwards
• German recycling: The Packaging Act and LUCID: Avoiding obligations and penalties
• Packa: The LUCID Packaging Register, obligations, deadlines and the 5 most costly mistakes

This article is not a substitute for legal advice. If you are unsure whether you are required to register, we recommend that you consult a legal department, a tax adviser or the Central Packaging Register directly.