Proposed Reform of the Packaging Ordinance in Germany


June 2014

Due to the considerable under-reporting of the tonnages of sales packaging that should be participating in dual systems, the German government has published a draft amendment to the Packaging Ordinance which tightens two exemptions from the obligation for sales packaging to participate in a dual system.

At present, the exemptions apply to:

  • packaging that producers have taken back directly at the point of sale, or
  • packaging that complies through a “branch solution” because it becomes waste not in households but in specified commercial sites (schools, cinemas etc.

The government is proposing to remove the direct take-back exemption. In future any material that producers declare to be taken back in-store will have to participate in a dual system.

Branch solutions will continue, but the requirements will ensure that they operate as legislators originally intended. Only packaging supplied directly to a commercial end-user or by a third party appointed by him can be exempt from the obligation to participate in a dual system – the exemption will not apply where products are supplied by additional distributors not appointed by the producer. A producer will no longer be able to report estimated quantities of packaging in a branch solution, each producer who reports packaging in a branch solution will be required to submit evidence from an independent expert of collection arrangements in place for each commercial site to be included in the branch solution.

Source: Perchards/Sagis