Germany: Bundestag passed the Single-use Plastics Fund Law

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On 2nd March 2023, the German Bundestag passed the Single-use Plastics Fund Law (EWKFondsG), which implements Article 8 (1) to (7) of Directive (EU) 2019/904 (Single-use Plastics Directive) into German law.

Goals of the Single-Use Plastic Fund Act

The objectives of the Single-use Plastics Fund Law are to prevent and reduce the impact of single-use plastic products on the environment, especially the marine environment, and human health. Furthermore, it aims to promote innovative and sustainable business models, products, and materials.

Manufacturers must contribute to waste disposal costs

Accordingly, manufacturers of certain single-use plastic products such as beverage containers, Take-Away food containers, tobacco products with plastic-containing filters, wet wipes, and balloons – most recently extended by fireworks – will in the future have to contribute to the costs of litter removal in parks and streets.

Phased introduction and management by the UBA

The law will come into force in stages, but first, the Bundesrat (upper house of the German parliament) must deal with the draft law. The Federal Environment Agency (UBA) will administrate the fund and disburse the money to the municipalities. The levy will have to be paid for the first time in 2025, based on the volume of products put on the market in the calendar year 2024. The fund is intended to pay for the cleaning costs of the municipalities, which, according to a study commissioned by the UBA, add up to around 434 million euros per year.

Levy rates and payout system determined by Single-Use Plastic Fund Regulation

The exact amount of the levy rates for manufacturers as well as the payment system to municipalities and other beneficiaries will be determined by the associated Single-use Plastics Fund Ordinance (EWKFondsV), which is to be enacted by 31st December 2023 in accordance with the Single-use Plastics Fund Law.

Legal evaluation and possible expansion to other single-use products

A legally anchored evaluation is to review whether the fund should also be extended to other single-use products made of other materials. The Federal Council Plenum approved the draft of the Single-use Plastics Fund Law on 31st March 2023. This means that the law can enter into force in part soon after publication in the Federal Law Gazette. The main parts of the law will come into force on 1st January 2024.