Whether you’re a manufacturer, supplier, or retailer, you must keep your EPR records in order in Germany. If you sell electronics, WEEE regulations also apply. If you fail to comply, you risk a fine or even an export ban. How does this work?
For example, if you sell products through a German online store or marketplace such as Amazon, packaging legislation requires you to register with LUCID’s Zentrale Stelle Verpackungsregister (ZSVR) and a Dual System. After registration, you’ll receive an EPR number, which you’ll also need to sell on marketplaces. But that’s not all.
You must then report the amount of packaging placed on the market each year and provide an estimate for the coming year’s consumption. You must submit this estimate before the end of the year, and the actual amount for the past year must be reported by January 31 if you handle your EPR registration through Dexport. Your annual fee is determined based on your estimate. Large users must also submit a Vollständigkeitserklärung (VerpackG) through a certified accountant. Is your head spinning yet? In France, it’s even more complicated. Don’t worry, we’ll help you get started in Germany, and through the Dexport network, you’ll also save money. You can request request an instructional email.
The registration requirement applies first and foremost to manufacturers who use cardboard packaging. So if your brand is on the packaging, it is very likely that you are responsible for recycling and registration. This applies to both primary and secondary packaging (the shipping packaging). Think, for example, of shoes in a shoe box. The shoe goes into a shoe box; this is the primary packaging. A number of shoe boxes are then placed in a large outer box, which is the secondary packaging. The logo on the packaging often determines who is responsible for the EPR. A Nike box inside a Zalando outer box therefore has two responsible parties. But if a Nike shoe box is inside shipping packaging that bears the Nike logo, then Nike is responsible for both.
If you are not a manufacturer but do sell products covered by EPR regulations, you must request the EPR registration number from the supplier. This is, for example, the wholesaler who has already imported the products. If you do not receive the EPR registration number from the supplier but still sell the products in question, you must register the number yourself.
You must annually declare the amount of packaging you put on the German market to this register and to a Dual System. In doing so, you must also estimate the amount of packaging for the coming year. A distinction is also made between material types. Your annual rate is then calculated based on your estimate. You can compare it to how energy suppliers calculate monthly rates. You must submit your declaration to the Dual System by January 31 of each first if you do it through Dexport's network, and ideally to LUCID on the same day or shortly thereafter. This is because the Dual System is required to file a report with LUCID after the declaration. So LUCID already has the information, but it says in German law that you also have to pass it on to LUCID yourself for completeness. Moreover, for wholesale consumers, LUCID still has an end date of May 15. This is for consumers who use 50,000 kilograms or more of paper and/or cardboard, and/or 80,000 kilograms or more of glass, and/or 30,000 kilograms or more of other materials. In that case, you also need a so-called Vollständigkeitserklärung from an external auditor who has special authority to do so.
If you sell on marketplaces such as Amazon, Zalando or eBay, you must enter your EPR registration number in your marketplace account. You obtain this when you have registered with LUCID. Without this number, you won't get your products live. As a result, you miss out on all your sales from Germany from your marketplace and that would be a shame. Amazon describes the registration as "environmental policy" because it makes the seller responsible for the entire life cycle of the products sold, including waste disposal.
It is not just packaging materials, but also electrical and electronic equipment and batteries. Since electronics and media fall into the second most popular product category in Germany, it is important not to miss out on sales here as well. In addition to providing an EPR registration number, marketplaces also require you to provide a WEEE number if you are a manufacturer, distributor or seller of electronic devices. WEEE applies throughout Europe, but you must register for each country. In Germany, you must register for this at stiftung elektro-altgeräte register (ear). This involves costs depending on the situation and quantity, which are calculated by ear on a case-by-case basis. This also applies, for example, to withdrawing your registration. A complete overview can be found on the ear website.
The German ZSVR office launched the LUCID packaging register in January 2019. Since then, all companies selling products to German consumers have been required to register and declare their annual packaging weights. EPR stands for "Extended Producer Responsibility" and is mandatory for all selling parties who use cardboard packaging, whether online purchases or not. The basis for EPR is not a law, but a composite of various laws and directives. In German law, this includes the laws on the packaging register (VerpackG), as well as the laws on electronic registration requirements (ElektroG) and battery registration requirements (BattG). In Germany, EPR registrations are maintained in the LUCID packaging register of the Zentrale Stelle Verpackungsregister (ZSVR).
If you sell in multiple countries, it can get complex. This is because the problem is that each country has its own rules regarding waste legislation. Anyone selling their products through Amazon, for example, must fulfill different obligations in each country and have a unique EPR number for each country. France has as many as 12 areas where EPR registration applies. Since 2022, this includes toys, sporting goods, and garden and DIY supplies. If you have not yet submitted a registration number to Amazon France, but you sell products to customers within France that are covered by the EPR, Amazon pays an eco-contribution to the organizations they partner with.
But that doesn’t mean it’s free. Amazon will bill you for these payments at the end of each quarter or year, depending on the EPR category. Furthermore, the French Agec law stipulates that even more categories will be added to the EPR in the future. It is therefore important to arrange and keep your EPR registration up to date in France as well, so you don’t incur unnecessary costs.
Take action before January 31
So make sure you have your EPR and WEEE registration in order before you start selling in Germany. If your company fails to do so, you risk fines of up to 200,000 euros or even an export ban. LUCID will report you if you are non-compliant. But don’t worry, we’re happy to help you get started.
You can request an instructional email here with a discount code to join the Dexport network.
P.S. By the way, EPR also stands for European Processionary Caterpillar. This little critter can cause a lot of damage, and it’s hard to do anything about it. Fortunately, you can take responsibility for your EPR registration and help combat environmental pollution at the same time. Pretty cool, right?
