Packaging Ordinance Annex I (to section 6)

Packaging Ordinance Annex I (to section 6)

1. Requirements for Recovery of Sales Packaging Arising at the Private Final Consumer

(1) Compliance schemes pursuant to section 6 subsection (3) shall meet the recovery requirements set out in subsections (2) to (4) below for the packaging with regard to which manufacturers and distributors take part in their scheme.

(2) On average for the year, at least the following quantities of packaging in percent by weight must be consigned to recycling:

Material

Glass 75 %

Tinplate 70 %

Aluminium 60 %

Paper, cardboard 70 %

Composites 60 %

Where composites are consigned to a separate recovery channel, separate evidence of the quota pursuant to the first sentence above shall be permissible. For composites which are collected and consigned to recovery in one of the streams of the above-mentioned main materials, the quota pursuant to the first sentence above shall be verified by suitable sampling. It must be ensured that composites are recycled with their principal material component unless recycling of a different material component approximates more closely to the objectives of closed substance cycle management, and that the other components are also recovered. At least 60 percent of plastic packaging must be consigned to recovery and at least 60 percent of this recovery quota shall be ensured by processes in which new material of the same substance is replaced or the plastic remains available for further use as a material (mechanical recycling).

(3) Packaging made from materials for which no definite recovery quotas are specified shall be consigned to recycling insofar as this is technically possible and economically reasonable. In the case of packaging manufactured directly from renewable raw materials, energy recovery shall be deemed equivalent to recycling.

(4) Notwithstanding subsection (2) above, the quantity of packaging actually collected shall be consigned to recovery insofar as this is technically possible and economically reasonable. This provision shall also apply where facilities of the public bodies responsible for waste management are jointly used in accordance with section 6 subsection (4). It shall otherwise be disposed of in accordance with the principles of waste disposal commensurate with the public good pursuant to sections 10 and 11 of the Closed Substance Cycle and Waste Management Act (Kreislaufwirtschafts- und Abfallgesetz); where it is not disposed of in installations of its own or where overriding public interests so require, it shall be made available to the public bodies responsible for waste management.

2. General Requirements for Compliance Schemes pursuant to section 6 subsection (3)

(1) Operators of compliance schemes pursuant to section 6 subsection (3) shall ensure that packaging is collected from the private final consumer (“kerbside systems”) or collected from the vicinity of the private final consumer by means of suitable collection systems (“drop-off systems”), or by a combination of the two systems. The collection systems must be designed to ensure regular collection of all packaging covered by the compliance scheme. Collection shall be confined to private final consumers.

(2) Operators of compliance schemes pursuant to section 6 subsection (3) shall ensure that
1. recovery capacity actually exists for the packaging entering the compliance scheme,
2. the materials recovery requirements set out in No. 1 of this Annex are shown to be met and
3. in the event that operation of the compliance scheme is discontinued, the packaging actually collected by the compliance scheme’s collection facilities shall be recovered or disposed of.

(3) Operators of compliance schemes pursuant to section 6 subsection (3) shall furnish verifiable evidence of the quantities collected and the quantities consigned to recycling and to energy recovery. The evidence shall include a verifiable account of the quantities collected in the individual Länder. Such evidence shall be furnished by 1 May of the following year on the basis of the quantity of packaging fed into the compliance scheme as shown by the applicant, broken down by packaging materials. Compliance with the collection and recovery requirements shall be certified by an independent expert pursuant to subsection (4) below on the basis of the evidence furnished. The certificate shall be deposited by the scheme operator with the body designated pursuant to section 32 subsection (2) of the Environmental Audit Act (Umweltauditgesetz) no later than 1 June. The certificate shall be submitted by this body to the highest Land authority responsible for waste management or to the authority it designates. The corresponding evidence pursuant to the first sentence above shall be presented to the authority on request.

(4) An independent expert within the meaning of subsection (3) above is

1. a person whose qualifications have been ascertained by a member of the German Accreditation Council (Deutscher Akkreditierungsrat) in a generally recognised procedure,

2. an independent environmental verifier pursuant to section 9 or an environmental verification organisation pursuant to section 10 of the Environmental Audit Act (Umweltauditgesetz) or

3. a person publicly appointed pursuant to section 36 of the Trade Code (Gewerbeordnung).


3. Participation in Compliance Schemes pursuant to Section 6 Subsection (3)

(1) As a basic principle, packaging of products within the meaning of section 8 may not be fed into compliance schemes pursuant to section 6 subsection (3). The applicant may include such packaging in his compliance scheme if manufacturers or distributors present prima facie evidence of its compatibility with the compliance scheme in the form of an expert opinion by an independent expert which takes normal consumer behaviour into account.

(2) The scheme operator shall furnish the participating manufacturers and distributors with confirmation of their participation in the compliance scheme.

(3) The applicant shall by 1 May each year furnish the application authority with evidence of the extent to which manufacturers or distributors have fed sales packaging into his compliance scheme in the previous year within the territorial scope of this Ordinance. Such evidence, broken down by packaging materials, shall be certified by an auditor. All packaging with regard to which the manufacturers or distributors take part in the compliance scheme shall be deemed to have been fed into the compliance scheme.

(4) The application authority may, at the applicant’s expense, perform an inspection of the evidence itself or have such inspection performed by a suitable institution. Insofar as there is reason to fear that the inclusion of packaging in the compliance scheme may result in adverse impacts on the public good, and especially on people’s health and well-being, the application authority may demand that the applicant produce prima facie evidence of the compatibility of the relevant packaging with the compliance scheme. In individual cases the application authority may prohibit the inclusion of the packaging if no prima facie evidence of its compatibility with the compliance scheme is produced.

4. General Requirements for Obligated Parties pursuant to Section 6 Subsection (8) Manufacturers and distributors obligated to accept returned packaging pursuant to section 6 subsection (8) shall furnish evidence of compliance with the acceptance and recovery requirements. To this end they shall by 1 May each year draw up verifiable documentation of the sales packaging put into circulation and returned and recovered in the previous calendar year. Such documentation shall be drawn up in terms of weight, broken down by individual packaging materials. Reusable packaging and return one-way drinks packaging for which a deposit is charged pursuant to section 9 subsection (1), first sentence, shall not be included in the documentation. Cooperation between several manufacturers and distributors shall be permissible. Each of these manufacturers and distributors shall ensure compliance with the acceptance and recovery requirements pursuant to section 6 subsection (8) by creating the appropriate collection and recovery structures. In this case, it is sufficient that the cooperating manufacturers and distributors comply with the recovery requirements as a group. Compliance with the acceptance and recovery requirements shall be certified by an independent expert pursuant to No. 2 subsection (4) above on the basis of the documentation. The certificate of compliance shall be deposited by the obligated manufacturers and distributors with the body designated pursuant to section 32 subsection (2) of the Environmental Audit Act (Umweltauditgesetz) no later than 1 June. The certificate shall be presented by the body referred to in the ninth sentence above to the highest Land authority responsible for waste management or the authority it designates. The corresponding documentation pursuant to the second and third sentences above shall be presented to the competent authority on request. In the case of a cooperation between several manufacturers and distributors pursuant to the fifth sentence above, the certificate shall identify all cooperating manufacturers and distributors with names and headquarters. Distributors with a sales area of less than 200 m2 who are obligated to accept returned packaging pursuant to section 6 subsection (8) may invoke the certificate for the preceding distribution level. In the case of manufacturers and distributors with several branches, the sales area shall be the total area of all branches.