Packaging Ordinance Section 16 Transitional Provisions

Packaging Ordinance Section 16 Transitional Provisions

(1) Packaging that was used for goods before the entry into force of this Ordinance may be put into circulation notwithstanding sections 13 and 14.

(2) Until 31 December 2012, sections 6 and 7 shall not apply to plastic packaging made from biodegradable materials, all components of which are deemed compostable according to producer-independent certification conducted using recognised standards. Producers and distributors shall ensure that the share of packaging recovered is as high as possible. Until 31 December 2012, section 9 shall not apply to plastic one-way drinks packaging complying with the provisions of the first sentence above and made from renewable resources to at least 75 percent, insofar as manufacturers and distributors take part in one or several compliance schemes under section 6 subsection (3) with respect to this packaging. Compliance with the condition stated in the third sentence above, according to which the one-way drinks package must be made of at least 75 percent renewable resources, must be verified by an independent expert within the meaning of No. 2 subsection (4) of Annex I. In other respects section 9 shall remain unaffected. In the case described in the third sentence and where one-way drinks packaging made from biodegradable plastics pursuant to the first sentence above is not subject to the mandatory deposit pursuant to section 9 subsection (2), in derogation from the first sentence above, manufacturers and distributors shall take part in a compliance scheme pursuant to section 6 subsection (3) with respect to this packaging insofar as the packaging arises at the private final consumer.

(3) Section 10 shall apply subject to the proviso that the declaration pursuant to section 10 subsection (1) shall be deposited for the first time by 1 May 2009 for packaging put into circulation in 2008 on or after 5 April 2008.
The Bundesrat has given its consent.