System incompatibility: when ZSVR can bar packaging from the dual system

Q: Can ZSVR refuse to let my packaging into a dual system?

In individual cases, yes. § 7(5) VerpackDG lets ZSVR prohibit a packaging's inclusion in a system if it is feared that it would seriously impair environmentally sound waste management, in particular proper recovery, or endanger public welfare such as health. The ban is lifted once a system or the producer proves compatibility. Meanwhile the packaging falls under the take-back duty of § 39(1) no. 4.

Can ZSVR refuse to let my packaging into a dual system?

Yes, in individual cases. § 7(5) VerpackDG: if the packaging would seriously impair recovery or endanger health, ZSVR can prohibit its inclusion; take-back under § 39 then applies.

Since 12 August 2026, § 5 VerpackDG, implementing Article 45(3) of Regulation (EU) 2025/40, requires a producer with no establishment in Germany to appoint an authorised representative before it first makes packaging available in Germany. Read § 5

By Razvan Toma · Founder · Last checked 7 November 2026 · Sources linked below

Quick answer

In individual cases, yes. § 7(5) VerpackDG: ZSVR can prohibit a packaging's inclusion in a system for system incompatibility if it is feared that inclusion would seriously impair environmentally sound waste management, in particular proper and harmless recovery, or endanger public welfare, in particular health. The prohibition is lifted when a system or the producer proves the packaging is compatible. Until then the packaging falls under the free take-back duty of § 39(1) no. 4, and from 1 January 2028 its producer needs ZSVR approval under § 19 (§ 68(9)). See § 19 approval.

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Can ZSVR refuse to let my packaging into a dual system?

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