Legal background

The main points of the 5th amendment of the German Packaging Ordinance [VerpackV], which stipulates requirements for industry solutions, are listed in the following:

§ 6 section 1 of the German Packaging Ordinance [VerpackV] regulates: “Manufacturers and distributors who put sales packaging filled with goods typically intended for private consumers into circulation for the first time must participate in one or more systems pursuant to section 3 that ensure the comprehensive return of this sales packaging. In contrast to sentence 1, distributors who put sales packaging as specified in § 3 section 1 no. 2 sentence 2 filled with goods typically intended for private consumers into circulation for the first time can demand that the manufacturers or distributors or previous distributors of this service packaging participate in one or more systems pursuant to section 3 with regard to the service packaging delivered by them. Sales packaging pursuant to sentence 1 may only be given to private consumers if the manufacturers and distributors participate in a system pursuant to section 3 in connection with this packaging. In order to preserve a comparable competitive environment for those bound to sentence 1 and in order to reimburse costs, the systems pursuant to section 3 can also pass on the costs for the collection, sorting, recycling or disposal of the packaging processed by the system to the manufacturers and distributors who fail to participate in a system and put this packaging into circulation. If distributors can prove that the sales packaging put into circulation and sold to private consumers is taken back by them at the place of sale and subsequently recycled at their own expense in accordance with the stipulations pursuant to Annex I no. 1, then they may apply for reimbursement of the fees paid for participation in a system pursuant to section 3. Accordingly, sentence 5 applies to sales packaging which was put into circulation by a different distributor if this is packaging of the same type, shape and size that contains goods in the distributor’s product range. Evidence pursuant to sentence 5 must be produced in accordance with the stipulations in Annex I no. 4 sentence 1 to 4 and 8.”

This outlines clearly which packaging must be included in a dual system.

One exception to this rule is set out in § 6 section 2 of the German Packaging Ordinance [VerpackV]. It is outlined as follows: “The obligations pursuant to section 1 are not applicable if manufacturers and distributors take back packaging that they have put into circulation according to section 8 sentence 1 at waste generation sources which are deemed equivalent to private households pursuant to § 3 section 11 sentence 2 and 3 and subsequently ensure recycling, and the manufacturer or distributor or the third party that has been commissioned with these services can prove by presenting certification from an independent expert that they

1. have set up suitable, industry-based collection structures in that particular country which guarantee a regular, free-of-charge return pursuant to section 8 sentence 1 at all waste generation sources pursuant to § 3 section 11 sentence 2 and 3 that receive packaging from the manufacturers and distributors under consideration of existing, relevant, industry-based collection structures for sales packaging pursuant to § 7 section 1,

2. guarantee the recycling of sales packaging in accordance with the stipulations in Annex I nos. 1 and 4, without including in the mass flow verification sales packaging other than packaging or transport/outer packaging of manufacturers and distributors participating in the system in the respective industry.

This certification must be presented to the responsible supreme federal state authority or the authority appointed by the former for this purpose at least one month prior to the beginning of the packaging return proceedings. Written notification of the beginning of the packaging return proceedings is required. In contrast to sentences 2 and 3, manufacturers, distributors and third parties commissioned by them who implement self-disposal on 1 January 2009 subject to the requirements stipulated in sentence 1, must forward the certification within 30 calendar days after 1 January 2009 to the responsible authority. Section 5 sentence 3 and Annex I nos. 1, 2 section 4 and no. 4 are valid accordingly.”

Further details on these regulations are available in the benchmark paper of the committee for issues relating to product responsibility and return obligations (APV) passed by LAGA (Federal/State Waste Committee).