Who is considered a manufacturer or first distributor (DE)?

In legal terms, the “manufacturer” or “first distributor” under the German Packaging Act (VerpackG) is not the producer or supplier of the packaging itself, but rather the party that first fills packaging with goods and places it on the market on a commercial basis (§ 3 (14) VerpackG).

This therefore does not refer to the packaging material or packaging producer, but usually to the filler or distributor, who creates a “sales unit consisting of product and packaging” through the act of filling and selling to customers. Packaging subject to system participation includes filled sales, grouped, or shipping packaging that typically becomes waste at private end consumers (§ 3 (8) VerpackG).

In certain cases, however, the packaging manufacturer or trader may also be regarded as the “manufacturer” within the meaning of the law – for example, when empty sales packaging is supplied directly to end consumers or imported packaging is placed on the market before being filled.

Importers of already filled packaging are also affected: anyone who imports goods packaged abroad into Germany and sells them here is automatically deemed a first distributor and must comply with the registration and system participation requirements set out in the Packaging Act.