According to information from Euwid, the Federal Ministry for the Environment is planning a reform of the Packaging Act, in particular Section 21, with the aim of making the licence fees for dual systems more environmentally friendly. This task is now to be assigned to the Central Agency Packaging Register (ZSVR). A central component of the reform is the introduction of a new fund into which producers must pay staggered contributions based on the recyclability of their packaging. According to Euwid, the contributions could be between 0 and 1,500 euros per tonne, depending on the classification of the packaging. Producers whose packaging meets the highest recycling standards are to receive bonuses, but only for the respective type of material paid into the fund. Cross-subsidisation of different materials is to be prevented.
However, there is resistance to this reform, particularly from industry. Producers fear an additional financial burden, as they already have to pay licence fees to dual systems and a special levy to the Single-Use Plastic Fund. The Federal Association of the German Waste Management Industry (BDE) has criticised the Federal Ministry for the Environment. The BDE criticises the fact that earlier proposals from the dual systems for the implementation of Section 21 have not been taken into account. The association also warns against a hasty implementation that could contradict the fundamental principles of the recently presented circular economy strategy.
Legal concerns were also expressed. A renowned law firm has pointed out various legal hurdles in an expert opinion, particularly in connection with the planned role of the ZSVR. The ZSVR already performs sovereign tasks such as the registration of producers as well as inspection and monitoring activities. As it also has state supervisory powers, its involvement in the administration of the fund could be considered a government-related activity. This could classify the fund income as state resources, which would entail additional requirements under financial constitutional law and EU law. In particular, the aid would have to be notified to and authorised by the EU Commission in accordance with Article 107 (1) TFEU, which could cause legal expense and uncertainty.
To summarise, the planned reform of the Packaging Act faces considerable economic and legal challenges. take-e-way will keep you informed on this topic.
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