New Packaging Implementation Act tightens obligations for companies

With a new Packaging Implementation Act (VerpackDG), German law is to be adapted to the EU Packaging Regulation. The Federal Ministry for the Environment presented a draft bill on November 17, 2025. The new law is intended to replace the previous Packaging Act. The draft bill primarily includes an expansion of the system participation obligation and new definitions. The VerpackDG will also have a different structure to the previous Packaging Act.

EU Packaging Regulation applies directly from August 2026

The EU Packaging Regulation replaces the old Packaging Directive 94/62/EC and will apply directly in all member states from August 12, 2026 after a transitional period. The EU Commission has rejected a request by associations, also supported by Federal Environment Minister Carsten Schneider, to postpone the entry into force of the EU Packaging Regulation until January 1, 2027.

The new regulation contains provisions along the life cycle of packaging, including specifications for the reduction of packaging waste, requirements for extended producer responsibility (EPR), recyclate quotas and labeling, marking and information requirements.

Timetable and opportunities for participation

The draft bill in Germany for the implementation of the EU Packaging Regulation is still undergoing departmental coordination within the Federal Government. Comments on the draft can be submitted until December 5, 2025, 11:00 pm, via a structured online query.

These are some of the main changes:

New definitions

The draft bill clarifies that Art. 3 of the EU Packaging Regulation defines all definitions and generally replaces the definitions established in the Packaging Act. In this respect, the draft bill only contains supplementary definitions that are necessary for the national application of the EU Packaging Regulation. Particularly noteworthy here are the definitions of “producer” in Art. 3 para. 1 no. 13 and “manufacturer” in Art. 3 para. 1 no. 15 of the EU Packaging Regulation. Companies will therefore have to check whether and under what conditions they are to be classified as a “producer” or “manufacturer” with the resulting obligations.

Extension of the system participation obligation

The system participation requirement will apply to significantly more packaging. For example, the primary production packaging defined in Art. 3 Para. 1 No. 4 of the EU Packaging Regulation as well as transport packaging will now also be included in the system participation requirement, provided that the majority of this packaging typically accumulates with private end consumers.

The national packaging register will be adapted in the medium term

The LUCID packaging register, which already exists in Germany, will initially remain in its established form. However, the provisions on the register will be adapted so that they are as consistent as possible with the other requirements in the EU Packaging Regulation, in particular the definitions. For a Europe-wide harmonized register, the EU Packaging Regulation provides for an implementing act in accordance with Art. 44 para. 14 by 12 February 2026. The national register must then be adapted to the then applicable provisions of this implementing decision and Art. 44 of the EU Packaging Regulation within 18 months. In this respect, it is currently necessary for companies to check whether, for example, the extension of the system participation obligation will require adjustments to registration. In addition, changes may arise in the medium term if national law is adapted to the other new requirements via the implementing act.

New authorization requirement for manufacturers of packaging not subject to system participation

In future, manufacturers of packaging that is not subject to system participation will require an authorization. This is to be applied for from the Central Agency before this packaging is made available in Germany for the first time. Approval will only not be required if a manufacturer has transferred its extended producer responsibility to another organization for producer responsibility approved in its name in accordance with Section 17 of the draft bill.

New organization for reduction and prevention measures

Extended producer responsibility regimes and deposit and return systems will have to spend a minimum proportion of their budget on reduction and prevention measures in future. Art. 51 of the EU Packaging Regulation obliges the member states to ensure this. The new regulation provides for the organization under the responsibility of the economic operators, which promotes reduction and prevention measures on its own responsibility and is financed by the systems, industry solutions, other producer responsibility organizations and manufacturers of packaging not subject to system participation.

Impact on companies and recommendation

The basic constellation of packaging law regulations in Germany remains the same – for example, with the classification into packaging subject to system participation and packaging not subject to system participation. Nevertheless, the EU Packaging Regulation and the adaptation of German packaging law mean numerous changes that companies should take into account at an early stage. There is a risk of substantial fines and the prohibition of placing packaging and packaging filled with goods/products on the market.