On 28 May 2021, the Bundesrat approved the amendment to the Packaging Act passed by the Bundestag. It implements two EU directives into German law and is intended to improve the practical enforcement of the German Packaging Act, which has been in force since 2019. The amendment is scheduled to take effect on 3 July 2021.
In an accompanying resolution, the Bundesrat emphasises that it only approved the Act in order not to delay the timely implementation of the EU requirements. However, the Bundesrat sharply criticises the amendment, arguing that it is insufficient and partly unsuitable for enforcement, and that improvements should be made without any further delay.
The Bundesrat regrets that the Bundestag did not take up most of the technical suggestions from the Bundesrat’s Statement of 5 March 2021. The Bundesrat indicated that this must be done promptly with the next amendment – if possible in coordination with the federal states responsible for enforcing the Act.
The Bundesrat generally calls for the Federal Government to initiate deadline-bound projects for the implementation of EU legislation at an earlier stage in order to ensure the comprehensive participation of the relevant states. The resolution was forwarded to the Federal Government. It will decide when it plans to deal with it. There are no fixed deadlines in this regard.
take-e-way will continue to report on the development of the Packaging Act. If you have any questions on the Packaging Act, the take-e-way consultants will be pleased to assist you. Call +49/40/750687-0 or send an e-mail to firstname.lastname@example.org.