What is always subject to system participation, and what do you have to check?
Always subject to system participation are:
- packaging for shipping, such as boxes, mailing bags, labels, adhesive tape and filling material,
- service packaging, such as packaging that is only filled when handed over to the customer.
What you have to check in particular is sales packaging, secondary packaging, primary production packaging and other transport packaging. Here, the deciding factor is whether packaging of the same type across the market as a whole typically ends up as waste mainly at private households or comparable places of generation.[1]
The legal basis is § 3(6) of the Packaging Law Implementation Act (VerpackDG) of 13 July 2026, which has been in force since 12 August 2026.[1] For sales packaging, secondary packaging and other transport packaging, the view of the market as a whole generally decides, not your individual sales channel.[2] For e-commerce packaging, a clear special rule applies: it is subject to system participation without exception.
- The yardstick is the market as a whole for packaging of the same type, not your own sales channel.[2]
- Packaging intended for shipping and service packaging are subject to system participation without exception.[2]
- System participation means the contract with an approved compliance scheme. It is separate from registration in the LUCID packaging register of the ZSVR; both must be fulfilled.
The question of system participation is only one part of your EPR obligations. The ClearoSystems needs analysis shows which EPR obligations arise for your products, roles, sales channels and target countries, for example registration, system participation or appointment of an authorised representative. For individual packaging whose specific classification is not clear even with the ZSVR catalogue, an expert case-by-case review may also be needed.
Classification using the ZSVR catalogue
The Central Agency Packaging Register (ZSVR) has the official task of classifying packaging as subject to system participation. Its decisions are based on the catalogue of packaging subject to system participation. The catalogue is an administrative regulation that interprets the law and shows how the ZSVR is likely to decide when an application for classification is made.[2]
- The General Part contains definitions and the decision practice on the obligation of transport packaging to participate in a system.[2]
- The Special Part is structured by product groups and products, because sales and secondary packaging are assessed with regard to the packaged product.[2]
- Every search result and every product group sheet must always be applied together with the General Part, never in isolation.[2]
Go through your packaging one item at a time. You can classify shipping and service packaging straight away. For product and secondary packaging, look up the packaged product in the ZSVR catalogue and check the classification there. Only if the classification remains open is a further review needed.[1]
If a format remains unclear, the ZSVR determines the obligation to participate in a system by administrative act on application, usually on the basis of the catalogue.[2] Use this route for formats that cannot be clearly classified either in the catalogue or in your own review. Whether you also count as a manufacturer under Regulation (EU) 2025/40 and who issues the declaration of conformity for your packaging is a separate question; the article on the PPWR declaration of conformity covers it.
Exempt packaging and which obligations still apply
If packaging is not subject to system participation, the review is not yet over. An exemption from system participation does not automatically mean that no other obligations apply. Depending on the case, take-back and recovery obligations or the statutory deposit system may apply, in particular take-back and recovery under § 39, deposit obligations or special rules for reuse and for contents containing hazardous substances.
| Packaging or situation | System participation under § 7 | Exemption under § 11 | Take-back under § 39 |
|---|---|---|---|
| Sales or secondary packaging, typically ending up at private households | Yes | No | No, fulfilled through the scheme |
| Shipping packaging or service packaging | Yes, without exception | No | No, fulfilled through the scheme |
| Transport packaging, typically ending up in retail or industry | No | No | Yes |
| Reusable packaging in an existing reuse system | No | Yes, no. 1 | Yes |
| Single-use beverage packaging subject to a deposit under § 46 | No | Yes, no. 2 | No, returned through the deposit system |
| Sales packaging of contents containing hazardous substances | No | Yes, no. 3 | Yes |
| Packaging proven not to be supplied to end users in Germany | No | Yes, no. 4 | No |
For packaging that is not subject to system participation, the take-back and recovery obligation under § 39 VerpackDG applies. Producers and distributors further down the supply chain must take back used, emptied packaging of the same type, shape and size free of charge at the place of actual handover and send it for reuse or recovery. Fulfilment must be documented in verifiable form every year by 15 May for the previous year, broken down by material type and mass; the competent state authority can request the documentation.[3]
Producers of packaging that is not subject to system participation are also subject to the new approval requirement under § 19 VerpackDG. Under the transitional rule, they may continue to operate without this approval until 31 December 2027.[4] This rule is not relevant for the typical shipping packaging of a webshop, because that packaging is subject to system participation.
There is no exemption based on quantity. The VerpackDG has no small-quantity rule for system participation. Selling only B2B does not exempt you from system participation across the board either. What matters is the specific type of packaging. Shipping packaging in e-commerce is subject to system participation in B2B sales as well. Other transport packaging that typically ends up in retail or industry, on the other hand, may be subject to the take-back and recovery obligations under § 39.
System participation for your packaging is only one part of your possible EPR obligations. Depending on your product range, obligations for electrical equipment, batteries or other sales countries may also arise. The ClearoSystems needs analysis gives you a complete overview of which EPR obligations apply to your products, roles, sales channels and target countries. This way you see in good time which registrations, system participations or appointments of an authorised representative are required and avoid compliance gaps.
Frequently asked questions about packaging subject to system participation
Which of my packaging is subject to system participation in Germany?
If you run a webshop, you can classify your shipping packaging straight away: shipping boxes, mailing bags, labels, adhesive tape and filling material are subject to system participation. For product and secondary packaging, use the ZSVR catalogue to check where packaging of the same type typically ends up as waste.[2]
Is packaging for business customers automatically exempt?
No. The classification depends on the view of the market as a whole, not on whether you deliver to companies.[2] If, across the market, the type mostly goes to households, the obligation remains, even if you sell only B2B. Conversely, transport packaging that typically ends up in retail or industry is not subject to system participation; take-back under § 39 is not affected by this.[3]
Which obligations remain for packaging that is not subject to system participation?
What remains is take-back and recovery at the place of actual handover under § 39 VerpackDG, with annual documentation by 15 May, as well as the approval requirement under § 19 for producers, without approval until 31 December 2027 at the latest under § 68(9).[3] In addition, there is registration under § 6, which applies regardless of the obligation to participate in a system.
