Packaging waste

Drinks packaging within the meaning of the Packaging Act is closed or mainly closed packaging for liquid foodstuffs intended for consumption as drinks (Packaging Act Article 3(2)). The term “liquid foodstuffs” is defined in accordance with Article 2 of Regulation (EC) 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

The compulsory deposit for one-way drinks packaging is regulated under Article 31 of the Packaging Act. The Act entered into force on 1 January 2019 and replaces the Packaging Ordinance, which introduced for the first time a compulsory deposit for one-way drinks packaging when it entered into force in 2003.

In general, all non-ecologically advantageous one-way drinks packaging with a filling volume of 0.1 to 3 litres are subject to a uniform compulsory deposit of 25 cents. The only exceptions to this are listed in Article 31(4) sentence 1 nos. 1 to 7 of the Packaging Act. Certain drinks categories are not subject to the compulsory deposit due to specific characteristics. For these categories, there are either no reusable alternatives available deemed comparable to those for drinks sold in high numbers. Or the efforts required to participate in the deposit-return system could incur disproportionate costs compared to the ecological benefits. This applies mainly to wine, sparkling wine, spirits, fruit and vegetable juices. The categorisation of the drinks groups fruit juices, fruit nectars, vegetable juices and vegetable nectars is based on food law provisions. Therefore, in certain cases, the latter drinks groups are exempt from the compulsory deposit.

The application of the compulsory deposit was further extended by the Act transposing the provisions of the Single-Use Plastics Directive and the Waste Framework Directive into the Packaging Act and other legislation, which entered into force on 3 July 2021. As of 1 January 2022, the compulsory deposit applies to all single-use plastic drinks bottles and all drinks cans. This revised Act puts an end to past exemptions for certain drinks in plastic bottles and cans. The only exemption from the compulsory deposit in future will be single-use plastic drinks bottles for dietetic drinks intended exclusively for infants and young children. A transition period until 2024 shall apply for milk or dairy products in plastic bottles. On the shelves at the point of sale, one-way drinks packaging subject to a deposit must be labelled as single-use with an “EINWEG” marking. Furthermore, the DPG Deutsche Pfandsystem GmbH marking (German deposit-refund system) must also be printed on such packaging. DPG supports the handling of deposit claims between the different manufacturers and distributors of one-way drinks packaging.

Reusable packaging within the meaning of the Packaging Act is packaging that is intended to be reused several times for the same purpose. An adequate logistics system must facilitate the actual return and reuse and an appropriate incentive system, usually a deposit, must foster this (Packaging Act Article 3(3)). Their potential to be reused helps conserve national resources and reduce waste. Reusable packaging thus meets the priority waste management goal to avoid waste in an exemplary manner. In addition, reusable packaging is often also preferable from an economic point of view. Reusable packaging is very often used for drinks and nowadays increasingly for other foodstuffs or transport packaging. Article 1 of the Packaging Act lays down the target to increase the share of reusable packaging for drinks bottles to 70 percent.

The Act also contains provisions on increasing the use of reusable packaging alternatives for foodstuffs and drinks for immediate consumption. As of 1 January 2023, placing single-use plastic packaging for food and single-use plastic cups on the market shall also require offering reusable packaging alternatives. Less stringent rules shall apply to small retailers with up to 5 employees and a sales floor of a up to 80 m2, who are not obliged to offer reusable packaging themselves. They may also offer consumers the option to bring and use their own reusable containers. In both cases, consumers must be informed in a clearly visible and legible way about the option to receive food and beverages in reusable packaging or bring their own containers to be filled.

These stipulations generally also apply to foodstuffs and drinks being delivered. When sold via publicly accessible vending machines it must also be possible to make use of one’s own containers.

Transport packaging is packaging designed to facilitate the handling and transport of goods to prevent direct contact and damage during transport. Such packaging is not typically transferred to the final consumer (Packaging Act Article 3(1) first sentence no. 3). Containers used for road, rail, ship or air transport are not classified as transport packaging.

Under the Packaging Act, transport packaging from manufacturers and retail must be taken back and either reused or consigned to recovery, primarily preparation for reuse or recycling. Reusable transport packaging has increased significantly in a number of sectors thanks to this regulation.

Sales packaging is packaging that is typically offered to the final consumer as a sales unit consisting of goods and packaging; sales packaging also includes packaging that is only filled by the final distributor in order to:

a) facilitate or support transfer of goods to the final consumer

(service packaging) or

b) facilitate or support shipping goods to the final consumer

(shipping packaging)

(Packaging Act Article 3(1) no. 1)

Secondary packaging is packaging which contains a certain number of sales units pursuant to Article 3(1) first sentence no. 1 of the Packaging Act (i.e. goods and packaging) and is typically offered to the final consumer together with the sales units or used to fill the shop shelves (Packaging Act Article 3(1) first sentence no. 2).

Participation in a dual system

Producers of goods-filled sales and secondary packaging which typically arises as waste at the final consumer after usage have to participate in a dual system that adequately ensures extensive regular collection of used sales packaging from or near the private final consumers’ home. Private final consumers also include comparable points where waste arises such as restaurants, pubs, hotels, administrations, hospitals, cultural institutions, leisure centres and similar institutions, as well as agricultural holdings and craft enterprises, if the packaging waste volume arising there is below a certain limit (Packaging Act Article 3(11) second and third sentence). The dual systems must comply, in particular, with the requirements of the Packaging Act such as specific recovery rates for the various packaging materials and information obligations vis-à-vis the consumer.

The Packaging Act requires dual systems to consign at least the following annual average shares of packaging to preparation for reuse or recycling:

Plastics are to be consigned to recovery at a rate of at least 90 percent by weight. Since 1 January 2022, at least 70 percent (previously 65 percent) of this recovery rate has to be consigned to materials recovery.

Take-back and recovery obligations

Manufacturers and distributors downstream of the supply chain of

• transport packaging,
• sales and secondary packaging, which after use typically do not arise as waste at the private final consumers,
• sales and secondary packaging, which are not compatible with the dual system,
• sales packaging of pollutant-containing filling materials and
• reusable packaging

are generally obliged to take back free of charge used, emptied packaging of the same type, shape and size as packaging they place on the market at the point of transfer or in the immediate vicinity. For final distributors, the take-back obligation is limited to the packaging of products offered in their product range. In the case of repeated deliveries, goods can also be taken back during one of the next deliveries.

Manufacturers downstream of the supply chain may reach different agreements regarding the place and costs of return with one another and with final consumers, so long as the final consumers are not private households. The returned packaging has to either be reused or, primarily consigned to preparation for reuse or recycling outside the public waste disposal system.

Furthermore, for sales and secondary packaging generally subject to an obligation to participate in a dual system, but which doesn't arise at private households, first-time distributors have the option to take back the packaging free of charge themselves via branch solutions and consign them to recovery instead of participating in a dual system. The German Working Group on Waste of the Federal States and the Federal Government (Bund-/Länder-Arbeitsgemeinschaft Abfall) has published information on the requirements for such branch solutions on its web portal.

Further information

• Packaging Act (Verpackungsgesetz, German only)
• German Working Group on Waste of the Federal States and the Federal Government (Bund-/Länder-Arbeitsgemeinschaft Abfall, German only)