As the largest economy in Europe, Germany’s regulations have a wide reaching impact on exporters, importers and many other companies that conduct business within its borders.
This complex landscape of regulation can make selling into Germany seem like a daunting task, but we are here to breakdown the key legislation you will need to be aware of to enter this market with confidence.
What is Extended Producer Responsibility?
Extended Producer Responsibility, often shortened to EPR, is a policy approach that requires producers to take financial responsibility for the entire lifecycle of their products and subsequently its packaging, particularly when it comes to waste management. EPR is implemented with the aim of reducing the negative effects that the production and disposal of goods has on the environment, as well as simultaneously encouraging practices that align with a circular economy.
Germany’s EPR regulations: A leader in Circular Economy
Germany has long been a world leader in environmental regulation, introducing one of the first ever Extended Producer Responsibility regulations in 1991. Nowadays, in addition to its robust EPR regulations for packaging, waste electronics and batteries, Germany is renowned for its very successful implementation of a deposit return scheme for beverage containers. This deposit return scheme has resulted in recycle rates of up to 98% for goods such as aluminium cans.
Packaging
The packaging act, known as VerpackG, was introduced in January of 2019, replacing the previous packaging directive. This act aims to minimise the amount of packaging waste produced and simultaneously enhance resource efficiency through reuse and recycling. This legislation applies to any manufacturer, importer or distributor of packaging that is the first to place that packaging onto the German market. The scope of this legislation includes household and shipping packaging as well as service packaging like paper and plastic bags for shopping. It requires any producer of these types of packaging to register with a compliance scheme and to report the quantities of packaging placed on the market every year. In addition to this, the legislation requires producers to put in place a system to take back any transport packaging used to facilitate the transfer of goods.. With no minimum threshold this legislation affects all companies from the first piece of packaging they place on the German market.
Single-use plastics
The most recent addition to German environmental legislation was the designation of Single-Use Plastics as their own separate waste stream. With the introduction of the Single Use Plastic Fund act (EWKFondsG) Germany joins Austria, Sweden and The Netherlands as one of the first countries to tackle this issue with EPR legislation. This legislation aims to help fund the cost of street litter collection and processing by applying levies to the products that are most often littered. This includes many different products but most notable take away food containers and beverage cups as well as tobacco product filters.
WEEE and batteries
The Waste Electrical Law (ElektroG) and the Battery Act (BattG) came into force in March 2005 and December 2009 respectively. Despite their age these laws remain very current, and are regularly updated with amendments to ensure they remain effective. Similar to the packaging act, these laws require producers to register with the German Environment Agency and to pay compliance fees. However, due to the increased risk electronics and batteries pose to the environment if disposed of incorrectly there are some additional requirements to comply with. There are specific labels that must be applied to all electronic products and batteries to ensure that consumers are aware of the correct disposal method. Additionally producers of electronics must offer a take back service for used products so they can be disposed of safely.
Compliance enforcement
Failure to comply with these regulations is a serious offence in Germany, and may result in penalties of up to €100,000 as well a distribution ban of the products in question for non-compliant producers. While all declarations can be audited at any time, Single-Use Plastics and packaging require annual mandatory audits if certain quantity thresholds are met.
How Valpak can help
Ensuring compliance with Germany’s EPR regulations can be complex, but you don’t have to navigate it alone.
Our International Compliance service helps businesses meet their obligations across multiple countries, simplifying the process and ensuring you stay compliant. Get in touch with us today on 03450 682 572 to find out how we can support your business, or submit an enquiry via our online form.
