Effective May 16, 2023, the Single-Use Plastics Fund Act regulates the obligations of manufacturers of certain single-use plastic products and reimbursement claims for eligible parties. Like the Packaging Act, it implements the extended producer responsibility system under sec. 23 KrWG. Manufacturers must bear the costs of disposal and recycling through a special levy.

At the same time, entities that carry out measures such as collection and cleaning are entitled to reimbursement for these costs.

Single-use plastic products

Defined as “products made wholly or partly of plastic (sec. 3 No. 2 EWKFondsG) that are not intended to go through multiple product cycles during their lifetime.” The definition distinguishes single-use from reusable products. Annex 1 contains a list of single-use plastic products, which may be expanded.

Responsible parties

The definition of “manufacturer” follows art. 3 No. 11 of Directive (EU) 2019/904 and is adopted into national law. It distinguishes between manufacturers based in Germany and those outside the country who sell directly to private households via remote communication. The provision must be commercial. Unlike the Packaging Act, the obligations apply only to the first actor in the supply chain.

Obligations under the EWKFondsG

As opposed to the Packaging Act, manufacturers have the same obligations regardless of product type.

Registration obligation

Manufacturers must register with the “DIVID” platform of the Federal Environment Agency before starting operations (sec. 7 EWKFondsG). Without registration, products may not be placed on the market (sec. 9 para. 1 EWKFondsG).

Reporting obligation

To calculate the levy, manufacturers must report the type and mass (in kg) of products placed on the market in the previous calendar year. The total product weight must be reported, not just the plastic content. Reports are due annually by May 15 (sec. 11 para. 1 EWKFondsG).

Levy obligation

The levy amount depends on the product type and associated costs, listed in Annex 2 EWKFondsG:

• Collection costs (sec. 3 No. 12)
• Cleaning costs (sec. 3 No. 13)
• Awareness costs (sec. 3 No. 14)
• Data collection costs (sec. 3 No. 15)
• Administrative costs (sec. 3 No. 16)

The rate per kilogram is defined in the Single-Use Plastics Fund Regulation (EWKFondsV) and must be multiplied by the product mass (sec. 13 para. 1 EWKFondsG).

Authorized representative obligation

Manufacturers not based in Germany must appoint a representative located in Germany (sec. 10 para. 1 EWKFondsG), who must meet reliability requirements under sec. 22 sen. 3 KrWG. This obligation applies especially to the levy payment, not to registration or reporting. It aims to prevent false declarations and emphasizes the importance of accurate reporting.