PPWR fines in Germany: up to €200,000 per offence
Since 12 August 2026 it has been clear what breaches of the new packaging rules cost in Germany. The Packaging Law Implementation Act (VerpackDG) implements the PPWR nationally and, in Section 66, provides for fines of up to €10,000, €100,000 or €200,000 — per offence, not per package. Contrary to what is often reported, not all fines apply straight away. This article sets out the three tiers, who they affect and from when.
- Legal basis
- Section 66 VerpackDG together with the German Administrative Offences Act (OWiG)
- Maximum
- €200,000 per offence, more where profit was made
- Who is fined
- The company and the individuals responsible
- Competent authority
- The authority designated under the law of each federal state
- National duties
- Subject to fines since 12 August 2026
- PPWR duties
- Subject to fines from 12 February 2027
The three fine tiers at a glance
Section 66 VerpackDG distinguishes two groups of breaches: those of national duties under the VerpackDG itself (subsection 1) and those of duties that follow directly from the PPWR (subsection 2). Subsection 3 assigns both groups to three maximum amounts. These are ceilings; anyone acting negligently rather than intentionally pays at most half (Section 17(2) OWiG).
| Fine up to | National duties (since 12 Aug 2026) | PPWR duties (from 12 Feb 2027) |
|---|---|---|
| €200,000 |
|
|
| €100,000 |
|
|
| €10,000 |
|
|
Fine up to
€200,000
- National duties (since 12 Aug 2026)
- Placing packaging on the market without joining a compliance scheme
- Operating a scheme or sector solution without approval
- As a scheme, failing to ensure collection or recovery
- PPWR duties (from 12 Feb 2027)
- Missing the reuse targets under Art. 29
- Offering no refill or reusable option in takeaway business (Art. 32, 33)
Fine up to
€100,000
- National duties (since 12 Aug 2026)
- Not registered, or registered incorrectly or late, with the Central Agency Packaging Register (ZSVR)
- Supplying packaging despite a sales ban, for example as a retailer selling for unregistered producers
- Acting as a fulfilment service provider for unregistered producers
- Failing to file the declaration of completeness, breaching take-back and deposit duties
- PPWR duties (from 12 Feb 2027)
- Ignoring enforceable orders from market surveillance, such as a recall or withdrawal
- Breaching reporting and information duties on reuse and extended producer responsibility
Fine up to
€10,000
- National duties (since 12 Aug 2026)
- Not reporting changes to registration data
- Not submitting data reports to the ZSVR
- Missing mandatory notices on single-use, reusable and deposit packaging
- PPWR duties (from 12 Feb 2027)
- Placing non-compliant packaging on the market, for example on substance limits or labelling
- Missing conformity assessment, technical documentation or declaration of conformity
- Not retaining documents or not handing them to the authority
- Breaching verification duties as an importer or distributor
- Empty space above 50 per cent, prohibited packaging formats
The ceiling is not the limit
A fine is meant to exceed the economic benefit gained from the breach. If the maximum is not enough for that, the authority may go above it (Section 17(4) OWiG). Anyone who saves scheme fees for years should expect the fine to claw back those savings — even beyond €200,000. On top of that, the packaging and goods concerned can be confiscated (Section 67 VerpackDG).
Per package or per company?
Neither: the maximum applies per administrative offence. 10,000 boxes without a compliance scheme do not add up to 10,000 fines. Volume does affect the amount, though, because the authority sets the fine according to the significance of the breach, the degree of fault and the economic circumstances (Section 17(3) OWiG). With large volumes it is more likely to use the full range.
- One act, one fine. If the same act breaches several provisions, the authority imposes a single fine, set within the highest range (Section 19 OWiG).
- Several breaches, several fines. Separate breaches are fined individually and add up (Section 20 OWiG). A missing registration, a missing scheme membership and missing technical documentation can trigger three separate fines.
- The company itself is liable. If management or a person in a senior role commits the breach, the fine can be imposed directly on the company (Section 30 OWiG).
- Individuals are liable too. A separate fine can also be imposed on the people responsible. Owners who fail to exercise the necessary supervision commit an offence as well (Section 130 OWiG).
Who can expect fines
The duties, and with them the risk of fines, are spread across the whole supply chain. What matters is the role, not the size of the company.
- Producers in the sense of extended producer responsibility, meaning anyone who first makes packaged goods available in Germany, including online retailers based abroad: registration, scheme membership, reporting.
- Manufacturers and importers: conformity of the packaging, technical documentation, declaration of conformity, labelling.
- Distributors and final distributors: they must not sell packaging from unregistered producers and must meet deposit, reuse and notice duties.
- Fulfilment service providers, authorised representatives and scheme operators: each for their own duties. An authorised representative is itself treated as the producer (Section 5(3) VerpackDG).
Which authority imposes the fine
Fine proceedings are handled by the authority designated under state law (Section 66(4) VerpackDG); each federal state decides which one. The leads often come from elsewhere: the ZSVR publishes all registered producers and must inform the state authorities as soon as it has concrete indications of an offence (Section 54 VerpackDG). Compliance of the packaging itself with the PPWR is checked by the market surveillance authorities of the states, and for imports also by customs. Separately, competitors can send cease-and-desist letters over missing registrations.
When each fine applies
Breaches of the national duties under Section 66(1) are subject to fines from now on. Registration and scheme membership already carried fines under the former Packaging Act.
Anyone who became subject to registration only through the VerpackDG had to register by this date (Section 68(2)).
Producers registered under the former Packaging Act remain registered but must submit changed details by this date.
Scheme memberships concluded before 12 August 2026 remain valid until the end of the year at the latest (Section 68(1)).
Section 66(2) becomes applicable (Section 68(17)): conformity, documentation, labelling, reuse and market surveillance orders are subject to fines from now on.
Duties such as recyclability, recycled content, the empty space limit and format bans only apply from 2030, the EU material label from 2028 at the earliest. A fine can only arise once the duty applies.
Guidance before penalties — but not everywhere
The European Commission recommends that market surveillance authorities focus on guidance and corrective requests in the early phase. That is not binding. For registration and scheme membership in particular you should not rely on it: these duties already carried fines under the former Packaging Act, and the state authorities have been enforcing them for years.
Note
This assessment is based on publicly available sources and is not binding legal advice. For your individual case, please consult a lawyer or an accredited body.
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