EPR legislation in Germany – a backgrounder
EPR is the official abbreviation for ‘extended producer responsibility’. EPR is based on the principle that the product responsibility of a merchant who places goods on the market in the EU not only covers the product itself but is explicitly extended to all of the packaging and (product) parts placed on the market that are ultimately disposed of by consumers. Current German legislation applies the extended producer responsibility principle to packaging, electrical appliances and batteries. EPR is often used as a shorthand for legislation in this context.
The EPR principle assigns responsibility for the entire product (and product component) lifecycle – including recycling – to those who place it on the market. EU waste legislation such as the EU Packaging Directive and the German laws that transpose it (e.g. Packaging Act) are all derived from this responsibility model.
Packaging: the German Packaging Act (VerpackG)
In force since early 2019, the Packaging Act replaces the Packaging Ordinance (VerpackV) that previously applied in Germany. Although the basic aims of the Act remain aligned with those of the earlier legislation, the text of the new law introduces a number of significant changes.
In simplified terms, the Packaging Act aims to ensure that the merchants and manufacturers who are responsible for first placing packaging on the market are now also responsible for ensuring waste packaging is properly recycled. Anyone placing sales packaging on the German market – which includes all packaging ultimately disposed of as waste by consumers – is responsible for ensuring the packaging is licensed for participation in a dual system and therefore properly recycled.
As a result of the Packaging Act, initial distributors of sales packaging now have a number of key duties. The Act introduces the following changes in particular:
Establishment of the Central Agency Packaging Register (ZSVR)
Mandatory, non-delegable registration (VerpackG s. 9)
Mandatory, non-delegable data reporting (VerpackG s. 10)
Stepwise increase in take-back targets
With the establishment of the Central Agency Packaging Register (ZSVR), VerpackG has made it considerably easier to verify full compliance with the letter of the law while also increasing transparency and promoting fair competition.
Failing to comply with the provisions of VerpackG constitutes a regulatory infringement and may be punished with fines of up to EUR 200,000, official warnings or the imposition of a sales ban.
The law imposes duties on your business if you handle sales packaging in the following ways:
You fill the packaging yourself
You commission a third party to fill the packaging
You import packaged goods into Germany
If you become subject to VerpackG licensing requirements, you have a number of duties that you need to fulfil. You can find a step-by-step guide here.
WEEE (electrical appliances): the German Electrical and Electronic Equipment Act (ElektroG)
This piece of legislation transposes the EU WEEE Directive into German law, covering the placing on the market, take-back and environmentally compatible disposal of electrical and electronic equipment. The Act entered into force in 2005, and was then amended in 2015 (ElektroG2) and 2022 (ElektroG3).
The Electrical and Electronic Equipment Act aims to reduce environmental impacts and reassign the associated costs to their originators. As those who first place electrical appliances on the market, manufacturers and merchants must therefore assume responsibility for their disposal: anyone placing an electrical appliance on the German market is responsible for its recycling.
The Act has introduced several key duties for those who place electrical and electronic equipment on the market. These involve the following changes in particular:
Regulatory body: Stiftung EAR
Appointment of an authorised representative (ElektroG s. 8)
Mandatory, non-delegable registration (ElektroG s. 6)
Mandatory take-back (ElektroG s. 7a)
Mandatory labelling (ElektroG s. 9)
The law imposes duties on your business if you handle electrical and electronic products in the following ways:
Selling products to or within Germany
Ordering products from a manufacturer/merchant for resale
Importing products into Germany
If you become subject to ElektroG licensing requirements, you have a number of duties that you need to fulfil. You can find a step-by-step guide here.
Batteries: the German Battery Act (BattG)
The Battery Act (BattG) is the German transposition of the EU Battery Directive (BATT), and regulates the placing on the market, the take-back and the environmentally compatible disposal of (rechargeable) batteries. The 2009 BattG replaced the old Battery Ordinance (BattV) and was extensively amended in 2021 (BattG2).
The Act has introduced several key duties for those who place batteries on the market. These involve the following changes in particular:
Regulatory body: Stiftung EAR
Appointment of a take-back system (BattG s. 7)
Mandatory, non-delegable registration (BattG s. 4)
Mandatory take-back and disposal (BattG s. 5)
Mandatory labelling (BattG s. 17)
Recycling targets
The law imposes duties on your business if you handle batteries in the following ways:
Selling batteries to or within Germany
Ordering batteries from a manufacturer/merchant for resale
Selling products that contain batteries
Importing batteries into Germany
If you become subject to BattG licensing requirements, you have a number of duties that you need to fulfil. You can find a step-by-step guide here.
