Plastics and packaging laws in Germany

Regulations for packaging waste are set out in the German Packaging Act (Verpackungsgesetz). It contains the following main obligations: 

1. General requirements for packaging including requirements on packaging volume and mass, reusability and recyclability and the use of secondary raw materials; 
2. Restrictions for lead, cadmium, mercury and chromium VI in packaging and packaging components; 
3. Requirements for the labelling of packaging materials; however, there is no obligation to label; 
4. Producers/first distributors of system-relevant packaging filled with goods are obliged to register with the packaging register LUCID of the Central Agency ZSVR (Stiftung Zentrale Stelle Verpackungsregister), to participate in a take-back system and to report different data;
5. Producers and distributors of packaging filled with goods that are not system-relevant packaging are generally obliged to take back and properly dispose of certain types of packaging; they are also obliged to register with the packaging register LUCID since 1 July 2022;
6. Regulations on deposit and return obligations for disposable beverage packaging and obligations of last distributors to indicate whether the packaging is disposable or reusable; 
7. The Packaging Act obliges the dual systems to take ecological criteria into account when calculating the licence fees: the use of packaging that can be easily recycled, that contains recycled material or renewable raw materials leads to lower licence fees. Ecological behaviour is therefore rewarded. 
8. Failure to comply with the obligations prescribed by the German Packaging Act can lead not only to a prohibition of distribution but also to administrative fees of up to EUR 200,000. 
9. Since 1 July 2022, operators of electronic marketplaces must not enable the offering of system-relevant packaging filled with goods if the producer of this packaging have not participated in at least one dual system (take-back system). The consequence of this is that the operators of electronic marketplaces will have to actively monitor and check whether the retailers selling via their marketplace have complied with this obligation under the Packaging Act (e.g. by means of an obligatory audit prior to listing). Similar requirements apply with respect to the registration with LUCID. Also here, monitoring is required.
10. Fulfilment service providers have the same obligation: From 1 July 2022, fulfilment service providers must not provide their services with regard to system-relevant packaging if the producer of this packaging has not participated in a dual system. Fulfilment service providers therefore have to pre-screen/check in advance the producers who wish to engage the fulfilment service providers to perform their services. Again, similar requirements apply with respect to the registration of producers, i.e. if the producers of packaging are not registered or not properly registered with LUCID fulfillment services may not be provided.
11. A negligent or intentional breach of the obligations by a fulfillment service provider or an operator of an electronic marketplace may be punished with a fine of up to 100,000 EUR.

Currently, there are no special regulations for other plastic waste. Instead, disposal is governed by the general waste law requirements under the German Circular Economy Act (Kreislaufwirtschaftsgesetz) and in particular separate collection and observance of the waste hierarchy.

Since 3 July 2021, the German Ordinance on Single-Use Plastics (Einwegkunststoffverbotsverordnung) implementing the requirements of the Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (Directive (EU) 2019/904) on a one-to-one basis, bans certain single-use plastic products for which environmentally friendly alternatives already exist. The ban affects products such as cotton swabs, disposable cutlery and plates, drinking straws, stirrers, cotton buds and balloon wands made of plastic. To-go food containers and beverage cups such as containers made of foamed expanded polystyrene (also known as Styrofoam) are also banned from the market. Also banned are all products made from oxo-degradable plastic, which breaks down into micro-particles that are particularly difficult to dispose of, but do not degrade further. The negligent or careless placing on the market of the above products constitutes a misdemeanour and can be sanctioned with a fine of up to 100,000 EUR.

The German Ordinance on the characteristics and labeling of certain single-use plastic products (Einwegkunststoffkennzeichnungsverordnung), which entered into force on 3 July 2021, implemented Article 6 (1), (2) and (4) of Directive (EU) 2019/904 into national law. According to these provisions, the single-use plastic products listed in part C of the Annex to that Directive, whose closures and lids are made of plastic, may be placed on the market only if the closures and lids remain attached to the containers during the period of use. The Ordinance also implemented Article 7 (1) and (3) of Directive (EU) 2019/904 which require containers listed in Part D of the Annex to be only placed on the market if they bear a marking on the packaging or on the product itself. Since 3 July 2021, certain single-use plastic products must be labeled with the following marking:

From 3 July 2024, single-use plastic beverage containers may only be placed on the market if their plastic closures and lids remain attached to the containers during the period of use.

In 2023, the German Parliament has passed the Disposable Plastics Fund Act (Einwegkunststofffondsgesetz) which provides for new EPR obligations regarding certain single-use plastic products. The categories of single-use products that fall within the scope of the new law are listed in Annex 1 of the Disposable Plastics Fund Act which implements Annex Part E Section I of Directive 2019/904 almost word for word, such as food and beverage containers, food packaging for immediate consumption, lightweight plastic carrier bags or wet wipes and balloons or tobacco products and fireworks (etc.).

1. The law provides for EPR obligations for producers of these single-use products, which include registration, notification (annual reporting) and the obligation to pay single-use plastic levies. The producer obligations will mainly apply from 1 January 2024. Only some obligations, including the obligation to annually report single-use plastic products to the Federal Environment Agency, will apply from 1 January 2025. The obligations regarding fireworks mostly apply from 1 January 2027.
2. Without registration producers may not make products available on the German market or offer them for sale. The intentional or negligent violation constitutes an administrative offense and can be punished with a fine of up to 100,000 EUR. It is also an administrative offense if the producer does not register, does not register correctly or completely or in time (fine up to 100,000 EUR). Violations of the annual reporting obligations can be sanctioned with a fine of up to 10,000 EUR.
3. A company established in Germany is a 'producer' if the company, as a manufacturer, filler, seller or importer, makes a single-use plastic product available on the German market for the first time. A company that is not established in Germany is a producer if it sells single-use plastics directly to private households or other users by means of a distance contract.
4. The main innovation and background to the registration and reporting obligations is the so-called single-use plastic levy. This is a special levy for producers under the Disposable Plastics Fund Act, which is determined on the basis of the mass reported as part of the annual notification and a levy rate (individually for each single-use plastic product) and set by levy notice from the Federal Environment Agency. The sums of money collected in this way are paid out on a pro rata basis to waste management companies that are also registered as entitled to the levy. The single-use plastic levy shall apply from 1 January 2024 (for fireworks from 1 January 2027). As the amount of the single-use plastic levy depends on the mass reported as part of the annual notification, the levy for 2024 will not be set until the annual report has been submitted by 15 May 2025 (for fireworks: by 15 May 2028). The levy rates are set out in the Disposable Plastics Fund Ordinance (Einwegkunststofffondsverordnung) which came into force on 1 January 2024. The levy rates are reviewed on a regular basis, at least every three years.
5. From 1 January 2025, operators of electronic marketplaces may not enable the offering of these single-use plastic products if the producer of these products is not registered in the new single-use plastic register to be set up by the Federal Environment Agency. This also applies to fulfilment service providers, i.e. the services may not be provided with regard to single-use plastic products if the producer of these products is not registered.
6. The intentional or negligent violation of the above obligations by a fulfilment service provider or electronic marketplace constitutes an administrative offense and can be punished with a fine of up to 100,000 EUR.

The German Circular Economy Act (Kreislaufwirtschaftsgesetz) contains general provisions on producer responsibility. For packaging, this producer's responsibility is specified in the German Packaging Act (see above under 1.). In addition, producers can exercise their responsibility on a voluntary basis and may, for example, voluntarily take back products after their use.  

In addition, there will be an extended producer responsibility scheme for certain single-use plastic products (see above). The recently passed Disposable Plastics Fund Act will impose a plastic levy on producers, associated with registration and notification obligations (see above).

In Germany, there is a mandatory deposit on disposable beverage packaging (see above under 1). Excluded from the DRS are, among others, beverage packaging with a filling volume of less than 0.1 or more than 3 litres, certain types of packaging and packaging for certain alcoholic beverages, juices and milk products.

A deposit is also imposed on most reusable drinks packaging. However, there is no legal obligation.

1. In February 2020, the city of Tübingen decided to introduce a packaging tax. It did however temporarily not apply as it was ruled to be invalid by the Higher Administrative Court (Verwaltungsgerichtshof Baden-Württemberg). The court of appeal  has however decided in May 2023 that the tax is valid and may be enforced by the city of Tübingen. The tax applies to disposable packaging, disposable dishes and disposable cutlery for food and drinks intended for immediate consumption, either on-the-spot or take-away. The introduction of comparable taxes is being discussed in other municipalities.
2. In January 2024, the federal government agreed on a new federal budget and announced that a plastic tax will be introduced and apply from 2025. The EU plastic levy, which each member state has to pay for non-recyclable plastic packaging waste, has so far been paid from the regular state budget (around 1.4 billion EUR per year). This is about to change. Like other EU member states, such as Italy and Spain, Germany plans to finance the EU plastics levy through a plastics levy to be paid by economic operators in Germany. The German Government stated that "various options" are currently being considered, but the exact details are still being worked out. For example, it is not yet clear which plastic products will be subject to the plastic levy and/or who will be the addressee. From what is known from various sources, it will most likely be the person who places the plastic products on the German market.  

In Germany, there is no legal regulation yet on the handling and use of microplastics. The restriction of use is also not part of current legislative procedures.

The former Federal Ministry for Environment merely declared in a five-point-plan (November 2018) that the use of microplastics in cosmetics should be terminated as soon as possible and by 2020 at the latest. The former Federal Ministry for Environment and cosmetics manufacturers have agreed upon a voluntary phase-out of the use of microplastics in cosmetics.

In March 2019, the Federal Council also submitted a resolution to the former Federal government on the restriction of microplastic entries and the ban on microplastics in cosmetics. However, a resolution is not legally binding, but is merely a request to draw attention to problems and to initiate legislative procedures. In its statement of June 2020, the former Federal government pointed out that it must act primarily at European level if microplastics are to be banned. The German government assumes that the REACH restriction procedure with its testing mandate covering basically all areas of application of microplastic particles in products makes national regulation unnecessary. As the European Commission has already clearly recognised the need for European regulation in its request to the ECHA, the German government considers such a national procedure to be ruled out at this stage. 

In Germany, the recycling quotas set at EU level apply to, inter alia, plastic packaging.

In addition, following the amendment of the Packaging Act, the placing on the market of light plastic carrier bags with a wall thickness between 15 and up to 50 micrometres that are designed and intended to be filled at the point of sale are prohibited in Germany since 1 January 2022. The aim is to achieve a further significant reduction in lightweight plastic carrier bags in Germany (see below under 9.).  

The Packaging Act has been amended to implement the requirements of the Single-use Plastics Directive (EU) 2019/908 into national law. The amendments, which came into force on 1 July 2021, concern, inter alia, the following areas:

1. Reusable alternative: Since 1 January 2023, restaurants, bistros and cafés selling food on the go or To-Go drinks are obliged to offer their products in reusable packaging as well. The reusable alternative must not be more expensive than the product packaged in disposable packaging. Reusable cups must be available for all sizes of to-go drinks. Exempted are businesses with a total of five employees or less and a shop area of no more than 80 square metres (e.g. small snack bars, late-night shops and kiosks). But even they must provide the option of filling customers own reusable containers. 
2. Mandatory deposit: Since1 July 2022, a deposit is also mandatory on all disposable plastic beverage bottles as well as on all beverage cans. A deposit also applies to all beverage cans. Only milk or milk products will be subject to a transitional period until 2024. 
3.  Operators of online marketplaces and fulfilment service providers have to ensure (by means of an audit) that the producers of packaged goods on their platform participate in at least one dual system (see above). The new obligations for marketplace operators and fulfilment service providers under the Packaging Act apply from 1 July 2022.  
4. Recycling quota: From 2025, PET beverage bottles will have to consist of at least 25 per cent recycled plastic. From 2030, this quota will increase to at least 30 per cent and will then apply to all single-use plastic bottles, except for one-way plastic beverage bottles where the body of the bottle is made of glass or metal and only the caps, lids, labels, stickers or wrappers are made of plastic. Producers can decide for themselves whether they want to meet the quota per bottle or spread over a year in relation to their entire bottle production.

In Germany, the permissibility of food packaging is determined by the German Food Act (Lebensmittel- und Bedarfsgegenständegesetz) and the German Commodity Regulation (Bedarfsgegenständeverordnung). However, the use of recycled materials in food packaging is not regulated; in particular, there is no approval requirement for food contact materials manufactured from recycled materials. There are as yet no national standards for minimum qualities of recycled plastic for packaging food. As a result, producers lack the necessary guarantees if they wish to use these recyclable materials. The German Federal Institute for Risk Assessment (Bundesinstitut für Risikobewertung) issues only recommendations concerning contact materials, but these are not legally binding; they reflect only the current state of scientific knowledge.

However, there is a European authorisation procedure for the use of recycled plastic: Substances used in individual materials or processes for the production of recycled plastics for food contact must be tested and approved regarding health issues. For food-contact materials and objects made of recycled plastic, Regulation (EC) 282/2008 addresses recycled plastic materials and articles intended to come into contact with foods. According to this regulation, recycled plastics that are used for consumer goods – in other words for packaging that comes into contact with food – must meet certain requirements. Materials and objects made partly or entirely of recycled plastic and intended to come into contact with food should be obtained only by processes that have been safety assessed by the EFSA (European Food Safety Authority) and approved by the European Commission. Regulation (EC) No. 282/2008 sets out rules for the authorisation of processes for the recycling of such materials. German applications for approval must be submitted to the Federal Office of Consumer Protection and Food Safety (Bundesamt für Verbraucherschutz und Lebensmittelsicherheit). 

The Federal Environment Minister wants to tighten up the already applicable obligation to offer reusable packaging for takeaway food and drinks. In addition, supermarkets should be required to offer at least one reusable product for each type of beverage in the future. This is stated in a key issues paper of the Ministry which was published in June 2023:

1. According to the Federal Environment Ministry, the obligation for restaurants of a certain size to offer a reusable option for takeaway food and drinks, which has been in force since January 2023, should be extended to all materials. At present, this only applies to plastic packaging, not aluminium trays or pizza boxes. In addition, it should be prohibited to serve food in single-use packaging when it is eaten in a restaurant.
2. According to the Ministry, the requirement for a reusable alternative should also apply to the categories of water, beer, soft drinks, juice and milk. Shops with a sales area of more than 200 square metres would have to offer at least one product from each of these segments in a reuseable bottle. In addition, all businesses of this size that sell beverages should have to accept every deposit bottle.

The plans of the Federal Environment Ministry are currently being blocked by other political parties (especially the FDP). It is therefore impossible to predict whether the plans will be implemented, and the Packaging Act amended, and if so, when.

This chapter was last updated on March 2024 and does not reflect any subsequent developments in the law.