Missing system participation and data report - ZSVR sounds the alarm: What you have to do now
You have received an e-mail from the Central Packaging Register (ZSVR)? Then watch out! You probably haven't fulfilled all your Packaging Act obligations. A large mailing campaign by the ZSVR is currently reaching many traders. Why the authority is now sending out mailings, what the terms "system participation", "LUCID number" and "data reporting" have to do with it and what you have to do now, we will take a look at in the article.
Update December 2023: At the turn of the year 2023/2024, the ZSVR continues to send many mailings to online retailers who have not fulfilled all their obligations correctly.
The Packaging Act (VerpackG) in online retail: the basics
Since 2019, the VerpackG obliges companies that place packaging on the market in Germany to fulfil certain obligations. The basis for this is the so-called "Extended Producer Responsibility" (EPR). According to this principle, distributors of packaging waste are responsible for the disposal and recycling of their packaging.
Since companies are practically unable to fulfil this obligation themselves, they must arrange collection, sorting and recycling through a so-called system participation in a dual system. In addition, the central body, as the supervisory authority of the Packaging Act, controls whether this obligation has actually been fulfilled. In addition, since 1 July 2022, marketplace traders have required proof of compliance with the obligation in order to be able to sell via marketplaces.
But first things first:
When am I obligated at all?
- When you fill packaging and send it to German private individuals,
- order the filling of packaging (fulfilment) or
- import products into Germany.
That is the case? Then watch out! According to the Packaging Act, you are obliged to fulfil three tasks. It is important that you really go through all three steps in order to be legally compliant.
What are the obligations?
- Registration with the ZSVR in the LUCID register.
- System participation (also called licensing) of packaging quantities with a dual system such as Interseroh+ via Lizenzero.
- Data reporting to LUCID (name of the dual system and packaging quantities licensed there).
Tip: We provide instructions on how to complete all three steps in our support centre.
Lack of system participation
You have already ticked off the first obligation (registration with LUCID) - otherwise you would not have received an e-mail from the ZSVR. But what about the other obligations?
System participation is the most important element of the Packaging Act obligations, as it ensures that your packaging remains in the cycle. To conclude it, you enter into a licence agreement with a dual system. This dual system (such as Interseroh+, through which you can conclude your licence agreement with Lizenzero) then takes over the collection, sorting and recycling of your packaging waste. You pay a fee for this, which depends on the amount and type of packaging.
The ZSVR checks whether you have fulfilled this obligation. If you have not yet done so, it is high time.
Need support? Here are the instructions!
Tip: The proof of system participation, which you need, for example, to sell via marketplaces, will be provided to you by your dual system after you have concluded your licence agreement. You can download the certificate as a PDF file from your Lizenzero customer account at any time. This way.
Missing data report
In order to check whether you have actually licensed your packaging with a dual system, an automatic data reconciliation takes place between the ZSVR and the systems. This can only take place if you have reported your data. If you have forgotten this point, you will now have received an email from the Central Office, as without the data report it cannot be checked whether you are legally compliant.
To report your data to LUCID, simply click here, and then report the name of your dual system (Interseroh+, if you license via Lizenzero) and your licensed packaging quantities to LUCID. Please note that after the initial data reporting, there is a continuous obligation to report data.
Master data and quantities must therefore always match in the LUCID account and in the dual system for the control mechanism to work.
Do you need assistance with data reporting? Here are the instructions!
Conclusion
Simply registering with LUCID is not enough to fulfil your packaging obligations. Since you have received an e-mail from the ZSVR, you have either not yet concluded a licence agreement with a dual system, or you have forgotten to carry out the corresponding data reporting. In any case, check again whether you have fulfilled all three obligations and close any gaps in your compliance.
