LUCID for an online shop selling to Germany - who needs to get register and who does not?

If an online shop sells goods to Germany and introduces packaging with the product or shipment there, in principle, should assume that the subject LUCID concerns him. Official ZSVR sources explicitly point out that if a company commercially distributes packaged goods in Germany, it must be registered with the LUCID Packaging Register, regardless of where it is based and whether it sells through its own online shop or through a marketplace. Importantly, registration with LUCID is free, but, in many cases, this is only the first step, because with packaging covered by the system obligation, there is also participation in the dual system and volume reporting. For e-commerce, this most often involves shipping containers, and the German register clearly indicates that labels, tape and fillers are also considered part of shipment packaging.

Who must register with LUCID when selling to Germany

The simplest rule is: if, as an online shop, you are introducing packaging to the German market for the first time, registration with LUCID is mandatory. This applies in particular to companies that themselves send goods to customers in Germany in cardboard boxes, envelopes, foil packs or other shipping packaging, because for such packaging the ZSVR indicates a typical model of „register, participate, report”. The obligation may also apply to the importer, if it is the importer who is legally responsible for the goods when they cross the German border. In practice, this means that a Polish e-commerce seller sending orders directly to a German customer will very often have to not only register with LUCID, but also enter into an agreement with the operator of the dual system and report on the quantities of packages covered by the participation requirement. Selling through a marketplace does not exempt you from the obligation, and platforms can verify that the seller is listed in the public register.

When is registration alone enough and when do fees and reporting come into play?

On this topic, the two levels of responsibilities are most often confused. Registration with LUCID applies in principle to all companies introducing packaged goods into the German market, but not every package requires participation in the dual system. If the packaging typically goes to a private end user, such as retail, grouped or shipment packaging, three obligations must be met: registration, contract with the system and regular reporting of packaging volumes to the system and to LUCID. If, on the other hand, a company only uses packaging not subject to the participation scheme, such as transport packaging, industrial packaging or reusable packaging, still has to be registered with LUCID, but does not have to enter into an agreement with the dual system or report the volumes involved; other obligations for return, recovery and proof of fulfilment then remain. For the online shop, it is therefore not the sale to Germany per se that is crucial, but the the type of packaging and where it becomes waste after use.

Who does not have to register with LUCID

The most important official exception, very relevant from an e-commerce perspective, concerns dropshipping. The ZSVR indicates explicitly that drop shippers are not considered manufacturers within the meaning of the Verpackungsgesetz, as they are not the first mover of packaging filled with goods on the German market. In such a model, the dropshipping seller does not have to register with LUCID for these products, nor does it enter into a contract with the system and report on packaging volumes, but it does have a statutory duty to do its due diligence and check that its counterparty is indeed complying with German packaging obligations. This is important, because many retailers mistakenly assume that dropshipping completely „cuts out” the subject of compliance. It does not cut out - it just shifts the burden of registration to the entity that actually first places the packaging on the market, and requires the seller to verify this fact. It is also important to remember that using second-hand packaging does not exempt you from registration, and with reusable packaging registration is still required, although there is no obligation for the participation system.

Frequently asked questions

You have doubts as to whether your online shop selling to Germany has to register with the LUCID, is registration alone sufficient or do you also need a contract with the dual system? Contact us Ekopro Group will help you to assess your sales model, establish your responsibilities and answer questions related to BDO, LUCID and cross-border sales. Go to „Contact” and make use of our support.