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The Packaging Act

The Packaging Act (VerpackG) is the law governing the marketing, return, and high-quality recycling of packaging.

The Packaging Act (VerpackG) has been in force in Germany since 01.01.2019. (1)

Essentially, the Packaging Act introduced a new concept of packaging and transferred the responsibility to product producers or initial distributors to ensure that packaging filled with goods is recycled or taken back. This also applies to smaller online retailers.

Packaging is a product made of any material for the reception, protection, handling, delivery, or presentation of goods, which may range from raw materials to processed products, is passed on by the producer to the distributor or final user and [...] is typically offered to the final user as a sales unit consisting of goods and packaging (sales packaging); packaging that is only filled by the final distributor [...](VerpackG § 3 (1))

Since 03.07.2021, an amending law (amendment) has been in force to adapt the 2019 law to European legislation across several steps. (2)

Registration obligation from 01.07.2022
As part of the amendment, product producers of packaged goods are required to register as of 01.07.2022. At Digistore24, this affects vendors who sell shipping products in Germany.

Registration obligation for vendors

  • The registration obligation serves to "improve and support the effective monitoring and enforcement framework of the extended producer responsibility obligations." For this purpose, the "registration obligation from § 9 VerpackG is extended." (3)
  • The registration obligation applies to Digistore24 vendors who sell shipping products in Germany.
  • The registration obligation does not apply to Digistore24 (see legal information).

  • According to the law, Digistore24 vendors are regarded as producers (engl. Producer). The following applies for producers:

    Anyone who fills packaging with goods and places it on the market in Germany (producer/first distributor) must register with the Central Packaging Register (ZSVR) in the LUCID Packaging Register, stating the type of packaging. This obligation applies from July 1, 2022, regardless of the type of packaging [...] (4)

    This includes vendors who

    • fill empty packaging with a product and place it on the market in Germany for the first time (first distributor)
    • import a packaged good into Germany and place it on the market there for the first time (importer)
    • have a registered office abroad and send the goods to Germany
    • have a registered office in Germany and arrange delivery
  • Digistore24 checks the registration status regularly. If you registered with the same information as you did in Digistore24, Digistore24 will automatically recognize your registration. It may take two business days for Digistore24 to record the registration in the LUCID Packaging Register, as the register database is updated only at night. We want to make you aware of the legal consequences of not complying with the obligation to register.

Note

When registering in the LUCID Packaging Register, please note that your registration data must match the information you have stored in Digistore24:

  • Enter the same company name as in Digistore24. If you have not specified a company name, use the same name.
  • Enter the same tax number or VAT ID as you did in Digistore24.

Click here to access the LUCID Packaging Register:
https://lucid.verpackungsregister.org/Hersteller/Registrierung/Teil-1.

Check the registration status

You can check if Digistore24 has recognized your registration in the LUCID register.

Proceed as follows:

Sources and information

Legal information

Summary and classification of the terms “producer” and “distributor” for the purposes of the Packaging Act

With regard to the registration obligation in the sense of Section 9 (1) of the VerpackG, it is necessary to discuss and classify the concepts of producer and distributor, as the registration obligation according to Section 9 (1) of VerpackG only applies to producers.

What constitutes a producer is defined in Section 3 (14) of the VerpackG. The producer within the meaning of the law is the distributor who places packaging on the market on a commercial basis for the first time. According to Section 3 (14) 2 of VerpackG, a producer is also someone who introduces packaging commercially into this law's area of application.

In our opinion, the vendor should be regarded as a producer within the meaning of the Packaging Act, as they are the first to import the packaging on a commercial basis. This includes initial distributors who fill the service packaging with goods and pass it on to customers. The process is not carried out by Digistore24. Rather, it is the responsibility of the vendors. This means they introduce the packaging of the goods for the first time on a commercial basis and are thus to be regarded as producers within the meaning of the Packaging Act.

In addition, the law regulates the term "distributor" under Section 3 (12) of the Packaging Act. A distributor within the meaning of the Act is anyone who puts packaging into circulation on a commercial basis, irrespective of the distribution method or the trade level.

The Digistore24 business model clearly meets the definition of a distributor according to Section 3 (12) of the VerpackG, since Digistore24 as a reseller (only) distributes the products and does not introduce the goods to the market for the first time.

The differentiation between Section 3 (12) and (14) of the Packaging Act clearly supports the classification of Digistore24 as a distributor and not as a producer.

Such a differentiation would otherwise be meaningless if Digistore24 were also to be regarded as a producer alongside the vendors. What's more, the question arises as to who should be included under the term distributor within the meaning of Section 3 (12) of the Packaging Act if Digistore24, with its business model as a reseller, is not to be classified as a distributor but rather as a producer.

The law's differentiation between the terms thus reflects the intention of the legislator to take into account such a differentiation in business operations. For this reason, it is obvious that such a differentiation between the terms was intentional on the part of the legislator.

In addition, parallels can be drawn here to other legal regulations and the concepts of a producer. For example, this can be seen in Section 4 (1) and (2) of the German Product Liability Act and Section 950 (1) of the German Civil Code.

Section 4 (1) and (2) of the German Product Liability Act read as follows:

"(1) A producer within the meaning of this Act is a person who has produced the final product, a raw material or a component part. A producer is also anyone who by putting his name, trademark or other distinguishing feature on the product presents himself as its producer.

(2) A producer is also anyone who imports or takes into the area of application of the Agreement on the European Economic Area a product for sale, hire, leasing or any form of distribution with an economic purpose in the course of his business."

The producer of a product within the meaning of Section 4 (1) of the ProdHaftG is therefore the person who has produced the final product, a raw material or a component part, who present himself to be the producer of the product or who has imported the product into the European Economic Area pursuant to Section 4 (2) of the ProdHaftG.

The final product is neither produced by Digistore24 nor introduced into the European Economic Area for the first time by Digistore24. This process is performed by the vendors.

In addition, the concept of producing a new movable thing within the meaning of Section 950 (1) of the German Civil Code also speaks in favor of the classification of vendors as producers.

Section 950 of the German Civil Code reads as follows:

“A person who, by processing or transformation of one or more substances, creates a new movable thing acquires the ownership of the new thing,..."

Producer in the sense of Section 950 of the German Civil Code is therefore the one who produces a new movable thing by processing, transformation, etc. This is undoubtedly the vendor, since Digistore24 has no point of contact when it comes to processing.

As a result, Digistore24 cannot be regarded as a producer within the meaning of the Packaging Act, even in light of these additional considerations.

It should be taken into account that the additional examples are only intended to clarify the concept of a producer. The differentiation and legal definitions provided by the legislator in the Packaging Act speak independently of the consideration of other regulations, for the classification of Digistore24 as a distributor according to Section 3 (12) of the VerpackG. As a distributor, Digistore24 is therefore not subject to any registration obligation in the sense of Section 9 of the VerpackG. This obligation only applies to the vendor as a producer. The registration of the vendors in the LUCID Packaging Register is therefore checked by Digistore24 before a sale is made via its platform.

Please pay attention to the note on legal advice.