{"id":1504,"date":"2025-10-20T18:48:38","date_gmt":"2025-10-20T16:48:38","guid":{"rendered":"https:\/\/www.gpsm.net\/notes-on-the-single-use-plastics-fund-act\/"},"modified":"2025-10-20T20:36:28","modified_gmt":"2025-10-20T18:36:28","slug":"notes-on-the-single-use-plastics-fund-act","status":"publish","type":"page","link":"https:\/\/www.gpsm.net\/en\/notes-on-the-single-use-plastics-fund-act\/","title":{"rendered":"Notes on the Single-Use Plastics Fund Act"},"content":{"rendered":"

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Essential provisions in the Single-Use Plastics Fund Act (“EWKFondsG”)<\/h2><\/div>[\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]<\/p>\n

[\/vc_column_text][\/vc_column][\/vc_row][vc_row][vc_column][vc_tour interval=”0″][vc_tab title=”Which manufacturers are affected by the Single-Use Plastics Fund Act (EWKFondsG)?” tab_id=”1417504296-1-12″][vc_row_inner][vc_column_inner][vc_column_text css=””]<\/p>\n

Which manufacturers are affected by the Single-Use Plastics Fund Act (EWKFondsG)?<\/h3>\n

The definition of a manufacturer according to Section 3 No. 3 a) EWKFondsG<\/a><\/u><\/span> applies to cases where a natural or legal person, or a partnership with legal capacity<\/strong> established in Germany, places single-use plastic products listed in Annex 1 of the EWKFondsG<\/a><\/u><\/span> on the market for the first time on a commercial basis as a producer, filler, seller, or importer<\/strong>. In implementing the EU legal requirements for the definition of a manufacturer under this law, it is therefore irrelevant whether the product is placed on the market filled or unfilled (with the only exception being bags and plastic film packaging).<\/p>\n

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With the note that all decisions are made on a case-by-case basis, in situations where certain single-use plastic products are imported from abroad but not placed on the German market by the importer\u2014instead being re-exported abroad\u2014this does not constitute a first placement on the German market (cf. explanatory memorandum<\/a><\/u><\/span> to Section 3 No. 3 a) EWKFondsG). However, if a producer based in Germany passes the product on to a third party within Germany, this already constitutes a first placement on the market, regardless of the distribution channel the third party chooses\u2014this applies even if the third party later exports the single-use plastic product. This also applies to private-label products produced on behalf of third parties.<\/p>\n

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According to Section 3 No. 3 b) EWKFondsG<\/a><\/u><\/span>, foreign companies<\/strong> without a registered office in Germany are also considered manufacturers if they operate exclusively from abroad and place relevant single-use plastic products on the German market commercially via means of distance communication\u2014e.g., through online sales\u2014to private or commercial end users within the scope of the EWKFondsG. End users are defined as those to whom the product is provided either as consumers outside of their commercial, business, craft, or professional activities, or as professional users within the scope of their commercial or professional activities.<\/p>\n

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[\/vc_column_text][\/vc_column_inner][\/vc_row_inner][\/vc_tab][vc_tab title=”Which single-use plastic packaging is covered by the EWKFondsG?” tab_id=”1417504296-2-100″][vc_row_inner][vc_column_inner][vc_column_text css=””]<\/p>\n

Which single-use plastic packaging is covered by the EWKFondsG?<\/h3>\n
    \n
  1. \n
      \n
    1. Food containers, meaning receptacles such as boxes with or without lids, intended for food that<\/strong>:
      \na) is meant to be consumed immediately, either on-site or as takeaway,
      \nb) is typically consumed directly from the container, and
      \nc) can be consumed without further preparation such as cooking, boiling, or heating.
      \nNote: Beverage containers, beverage cups, plates, and bags or film packaging (e.g. wrappers) containing food are not considered food containers in this sense.<\/li>\n
    2. Bags and film packaging made from flexible material, such as wrappers, containing food that<\/strong>:
      \na) is intended to be consumed directly from the bag or wrapper, and
      \nb) does not require further preparation.<\/li>\n
    3. Beverage containers<\/strong> with a capacity of up to 3.0 liters, i.e., containers used to hold liquids such as deposit and non-deposit beverage bottles and composite beverage packaging, including their caps and lids.
      \nNote: Beverage containers made of glass or metal with plastic caps or lids are not included in this definition.<\/li>\n
    4. Beverage cups<\/strong>, including their lids and caps.<\/li>\n
    5. Lightweight plastic carrier bags<\/strong>, meaning plastic bags with a wall thickness of less than 50 micrometers, with or without handles, offered to consumers at the point of sale for goods or products.<\/li>\n
    6. Wet wipes<\/strong>, i.e., pre-moistened wipes for personal and household care.<\/li>\n
    7. Balloons<\/strong>, excluding balloons intended for industrial or commercial use and applications not made available to consumers.<\/li>\n
    8. Tobacco products with filters<\/strong>, as well as filters designed for use in combination with tobacco products.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

       <\/p>\n

      Fireworks, as defined in \u00a7 3 paragraph 1 number 4 of the German Explosives Act, will be included in the list of single-use plastic products (Annex 1 of the EWKFondsG) as of January 1, 2026.<\/p>\n

       <\/p>\n

      Garbage bags and breakfast or cling bags are not considered \u201ccarrier bags\u201d under item 5 of Annex 1 to the EWKFondsG and are not subject to the scope of the law.<\/p>\n

       <\/p>\n

      Although not explicitly mentioned in the EWKRL, wet wipes that are exclusively designed, developed, and marketed for commercial use, such as medical wipes or wipes for nursing care, do not meet the criteria of personal or household care. Therefore, it is assumed that these products do not fall within the scope of the EWKFondsG.<\/p>\n

      [\/vc_column_text][\/vc_column_inner][\/vc_row_inner][\/vc_tab][vc_tab tab_id=”75a76ebc-007d-2″ title=”When and with what information must registration be completed?”][vc_row_inner][vc_column_inner][vc_column_text css=””]<\/p>\n

      When and with what information must registration be completed?<\/h3>\n

      Manufacturers who begin their operations for the first time after January 1, 2024, are legally required to register immediately<\/strong>. For manufacturers who were already active on the German market before January 1, 2024, the registration deadline has already passed. Registration must be completed without delay.<\/p>\n

       <\/p>\n

      The obligation to report quantities (\u00a711 EWKFondsG) applies by law for calendar years starting in 2024, regardless of whether or when registration takes place.<\/p>\n

       <\/p>\n

      To create an account on DIVID, you need an ELSTER organization certificate<\/strong>. The data transmitted from the ELSTER company account can be edited in ELSTER and later transferred to DIVID with a single click. Additional missing information can be imported from the packaging register LUCID or entered manually. Once the registration is successfully completed, the registration application is forwarded to the German Environment Agency (Umweltbundesamt). The registration confirmation is sent promptly via email and stored in the DIVID dashboard.<\/p>\n

       <\/p>\n

      Registration and publication refer to both the manufacturer and the brand names under which the single-use plastic products are first made available or sold on the market by the manufacturer.<\/p>\n

       <\/p>\n

      The following registration and master data must be provided for registration<\/strong>:<\/p>\n