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This article answers the following questions:
- How is reporting to LUCID for own brand packaging regulated by German law?
- Who is it up to – manufacturers or retailers – to report packaging brought onto the German market?
- What steps should be taken to ensure compliance with the German Packaging Act Verpackungsgesetz (VerpackG)?
What is an "own brand"?
Own brand (German: Eigenmarke) means that the product packaging indicates the name or brand of the retailer (or distributor) exclusively – with no indication of the manufacturer.
If the manufacturer's name or logo is not featured on the product packaging, then – in light of the German Packaging Act (VerpackG) – it is not the manufacturer but the retailer placing the goods on the German market under their own brand who is considered the Hersteller (i.e. "initial distributor"). As a result, this entity is responsible for registration with the LUCID system and is subject to mandatory participation in the dual system and the related reporting of packaging volumes.
However, if the packaging placed on the German market features both the name of the manufacturer and the retailer – for example with the phrase "manufactured for [name of the retailer]" – it is still the manufacturer, not the retailer, who is considered the "initial distributor" of the packaging.
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Do companies have to report packaging volumes for own brand products?
Yes – entities that have their own brand (and place products on the German market in packaging covered by the system obligation) are considered the Hersteller, i.e. the initial distributor within the meaning of the German Packaging Act (VerpackG).
In practice, this means that regardless of who physically manufactured the product, full responsibility for reporting to the German LUCID system rests with the owner of the trademark if:
- only the retailer's name/brand appears on the packaging (without mentioning the manufacturer's name),
- the product reaches the end consumer on the German market.
More information about the LUCID registration process and the fulfilment of reporting obligations for packaging brough onto the German market can be found on the website of our service: support with preparing a Declaration of Completeness.
Who should report – the manufacturer or the retailer?
If an entity sells a product under its own brand (Eigenmarke) and the packaging features its name/brand only, then as a retailer they must:
- register with LUCID as a Hersteller,
- enroll in the dual system,
- report the packaging volumes placed on the German market annually (both to LUCID and the dual system).
If the manufacturer's brand is indicated on the packaging, the obligations related to the public LUCID register rest with the manufacturer – they register and report the required information to the Packaging Register – unless the packaging was brough onto the market by another entity (e.g. by an importer).
Reporting on own brand packaging: step by step
To sum up: if the packaging features the retailer brand only, it is the retailer who is the Hersteller under German law and assumes all obligations related to reporting to the Packaging Register.
However, if the manufacturer's name appears alongside the own brand name, with the phrase: "manufactured for [retailer's name]", then the manufacturer is responsible for providing the relevant information to the LUCID register; in light of the regulations, if their name is included on the packaging, it is the manufacturer who acts as the initial distributor.
An entity selling products under its own brand should remember that:
- YES ✅ – it must register with LUCID,
- YES ✅ – it must enroll in the dual system,
- YES ✅ – it must report the packaging volumes placed on the German market both to the dual system and to LUCID,
- NO ❌ – it cannot pass the obligations related to reporting data to the Packaging Register onto the contract manufacturer – this responsibility is non-transferable and results from the fact that the brand of a given entity appears on the packaging.
Many companies forget (or don't even realise) that they are bound by the provisions of the German Packaging Act. If you have any doubts regarding your obligations or need assistance with registering with LUCID and reporting data under the Declaration of Completeness, we encourage you to seek assistance from RSM Poland's statutory auditors. Our team of experts will provide comprehensive support, helping you meet all legal requirements and steer clear of any potential sanctions. Contact us today!
