Starting January 1, 2025, sellers on the German market must comply with the EPR (Extended Producer Responsibility) regulations for single-use plastic products (SUP, Single-Use Plastics). These regulations, established in the German law Einwegkunststofffondsgesetz (EWKFondsG), require producers to cover the costs of cleaning up SUP waste. This article provides an overview of the categories, defines who is considered a producer, and discusses the obligations for SUP products.
How is the EWKFondsG (DIVID) registration number formulated?
The registration number is formatted as follows: Rollencode-XXXXXX-DE:
- Rollencode: H for manufacturers (Hersteller), A for claimants (Anspruchsberechtigte), B for authorized representatives (Bevollmächtigte), in uppercase letters.
- XXXXXX: A combination of 6 digits/letters assigned to you.
- Country Code: DE
Example: H-123ABC-DE
EPR categories in Germany
Sellers in Germany must comply with EPR obligations in the following categories:
- Packaging (VerpackG): See the EPR requirements for packaging in Germany.
- Electrical and Electronic Equipment (EEE): See the EPR requirements for WEEE in Germany.
- SUP Products: From January 1, 2025, Amazon will check whether you comply with the EPR rules for SUP products in Germany. Non-compliance may lead to the deactivation of your listings on Amazon.
To comply, register with the German Environment Agency (DIVID) and submit your registration number on Amazon’s Compliance Portal. The DIVID number is comparable to the LUCID number for the VerpackG.
What are Single-Use Plastic (SUP) products?
SUP products are items that meet the following criteria:
- Made entirely or partially of plastic.
- Not designed for repeated use during their life cycle.
Examples of products covered by the SUP regulations include:
- Food containers: Boxes for immediate consumption, without further preparation.
- Bags and film packaging: Flexible packaging, such as wrappers.
- Plastic carrier bags and film packaging: With a thickness of less than 50 micrometers.
- Beverage containers for bottles up to 3 liters: Including caps.
- Drink cups: Including lids and covers.
- Wet wipes: For personal and household care.
- Balloons: Except for balloons not supplied to consumers.
- Tobacco products: With filters and filters for tobacco products.
Not all plastic products fall under SUP. Carefully check whether your products fall under the SUP regulations.
Who is considered a producer of SUP products?
You are a producer if you are the first to make SUP products commercially available in Germany, regardless of your location. Even if you offer products from non-registered producers, you can be held responsible for registration and associated declarations.
Obligations for producers of SUP products
As a producer of SUP products in Germany, you must follow these steps:
- Registration on the DIVID register: Register as a producer, specify your product types and brands, and receive your registration number.
- Provide registration number to Amazon: You do this via Amazon’s Compliance Portal as soon as it is available in Q3-Q4 2024.
- Report SUP quantities and pay the levy: Starting in 2025, you must annually report the quantities of SUP products you have sold in Germany to the German Environment Agency. The deadline for this report is May 15.
Key insights
Obligations under the EWKFondsG law
Producers of single-use plastic products must register with the German Environment Agency (Umweltbundesamt DIVID) before placing their products on the market. Failure to register can result in significant fines.
Extended Producer Responsibility (EPR) and EWKFondsG
Producers are responsible for covering the costs of collecting, cleaning, and disposing of SUP waste. This also includes costs for awareness campaigns and administrative expenses.
Covered product types and their costs
| Product Type | Collection Costs | Cleaning Costs | Awareness Costs | Data Collection and Transmission Costs | Administrative Costs |
|---|---|---|---|---|---|
| Food containers | X | X | X | X | X |
| Bags and film packaging | X | X | X | X | X |
| Beverage container | X | X | X | X | X |
| Beverage bottles up to 3 liters | X | X | X | X | X |
| Drink cups | X | X | X | X | X |
| Plastic carrier bags | X | X | X | X | X |
| Wet wipes | – | X | X | X | X |
| Balloons | – | X | X | X | X |
| Tobacco products | X | X | X | X | X |
Annual levy and declaration
Producers must pay an annual levy (Einwegkunststoffabgabe), based on the types and quantities of SUP products they place on the market. This levy finances the costs for managing SUP waste. The rate is determined by the weight and volume of the SUP products.
Compliance and penalties
Non-compliance with registration and reporting obligations can result in fines of up to 100,000 euros. This applies both to failure to register and to incorrect or incomplete registration data.
Authorized representatives
Foreign producers without a presence in Germany must appoint an authorized representative in Germany to fulfill their legal obligations. This representative acts on behalf of the producer and is responsible for compliance with EPR requirements.
Transparency and reporting
The Environment Agency will publish a list of registered producers and their registration data. Producers must annually report the quantities of SUP products they place on the market.
Future evaluations
The German government will evaluate the effectiveness of this law by 2027. The evaluation will focus on sustainable alternatives, waste reduction in urban and rural areas, and the cost-effectiveness of the measures.