Germany: Minimum standard for the recyclability of packaging

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On 31 August 2023, the updated version of the german Minimum standard for measuring the recyclability of packaging was published in the 2023 edition in agreement with the Federal Environment Agency (UBA). One major change that was contained in the draft of the consultation procedure was not included in the final version: A restructuring of Annex 1 was planned, which depicts the existence of a sorting and recycling infrastructure for different types of packaging, as well as the need for individual evidence of high-quality mechanical recycling. Merging columns 3B and 3C in Annex 1 would have had the consequence that for some types of packaging (e.g. PP films) an individual evidence would have been required for the assessment of recyclability. According to the Central Agency Packaging Register (Zentrale Stelle Verpackungsregister, ZSVR), the aim behind this was to simplify the handling of the minimum standard and to promote high-quality recycling. But due to many comments in statements, the amendment has not yet been included in the 2023 edition. However, the issue of taking more account of available recycling capacity is still being targeted and will be revised for the next edition.

2023 edition

The amendments mainly affect glass packaging and polyethylene (PE) films larger than DIN A4. For PE films larger than DIN A4, “nitrocellulose-based printing inks in interleaf printing” was recorded as a recycling incompatibility. Due to the low heat resistance of nitrocellulose, the mechanical recycling process is disturbed. In addition to an unpleasant odour and discolouration of the recyclates, strong outgassing that irritates the respiratory tract was observed. Furthermore, glass components with an optical transmittance of less than 10 %, due to colouring or varnishing, for example, may not be counted as part of the available recyclable material. In addition, adjustments were made with regard to fibre-based packaging in order to specify the provisions from the previous year and present them in a more comprehensible way.

Basic information on the minimum standard

In § 21 “Ecological design of the participation fees”, the Packaging Act aims to create an awareness among manufacturers of the environmental impacts that arise during the entire life cycle and especially during disposal due to the production and design of their packaging. According to § 21 VerpackG, the take-back systems are obliged to provide financial incentives either for the use of materials and material combinations that can be recycled to the highest possible percentage, taking into account the practice of sorting and recovery (§ 21 para. 1 item 1) or for the use of recyclates as well as renewable raw materials (§ 21 para. 1 item 1). As a basis of assessment for the Dual Systems, the ZSVR publishes the “Minimum Standard for the Assessment of the Recyclability of Packaging Subject to System Participation pursuant to Section 21 (3) of the Packaging Act” every year on 1 September; in agreement with the Federal Environment Agency”. The Dual Systems must send a report to the Central Body by 1 June each year explaining the implementation of Section 21 of the Packaging Act. The annual updating and further development of the minimum standard is carried out on the basis of technical progress and the reports of the dual systems.

For the assessment of recyclability, the recyclable material content of a packaging, which is at least available for recycling, is basically considered. The following three criteria are to be taken into account:

1. Existence of a sorting and recovery infrastructure for high-quality mechanical recycling
2. Sortability and separability of the packaging or packaging components
3. Absence of recycling incompatibilities that could prevent recycling success in practice

On the basis of a study by the Federal Environment Agency (UBA), the concrete sorting and recycling capacities for the different types of packaging are determined annually. Based on the results, the minimum standard is further developed. The findings from the latest report “Praxis der Sortierung und Verwertung von Verpackungen im Sinne des § 21 VerpackG 2021/2022” have already been taken into account.

We would be pleased to advise you on the effects of the new minimum standard could have on the recyclability of your packaging.