Regulation on the prevention and recycling of packaging waste (Packaging Ordinance)
Date of issue: 21.08.1998
Full citation: "Packaging Ordinance of 21 August 1998 (Federal Law Gazette I, p. 2379), most recently amended by Article 1 of the Ordinance of 17 July 2014 (Federal Law Gazette I, p. 1061)
Last updated by art. 1 vv. 17.7.2014 I 1061
This Regulation implements Directive 94/62 / EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 10.10.1994). The notification requirements of Council Directive 83/189 / EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ EC No L 109, p. 8), as last amended by Directive 94/10 / EC of the European Parliament and of the Council of 23 March 1994 (OJ L 100, p. 30).
(+++ proof of text from: 28.8.1998 +++) (+++ Official reference by the standard to EC law: Implementation of EGRL 62/94 (CELEX No.: 31994L0062) Compliance with EEC Directive 189/83 (CELEX No: 31983L0189) Implementation of the EGEntsch 177/99 (CELEX No.: 31999D0177) Vv. 28.8.2000 I 1344 +++)
Pursuant to Section 6 (1) sentence 4, Section 23 (1), (2) and (6), Article 24 (1) (2), (3) and (4) and Article 2 (1) and Article 57 with Section 59, Section 7 (1) No. 3 and Section 12 (1) of the Closed Substance Cycle and Waste Management Act of 27 September 1994 (Federal Law Gazette I, p. 2705), the Federal Government, after consulting the parties involved, Rights of the Bundestag:
Waste management objectives, scope and definitions
§ 1 Waste Management Objectives
(1) This Regulation aims to reduce the impact of packaging waste on the environment avoid or reduce. Packing waste must be avoided in the first place; for the rest reuse of packaging, recycling, and other forms of recycling Recovery prior to the disposal of packaging waste. To achieve these objectives, the Regulation is intended to regulate the market behaviour of the parties obliged to implement the regulation in such a way as to achieve the waste management objectives while at the same time protecting the market participants from unfair competition. (2) The proportion of products used in multi - use beverage packaging and in ecologically beneficial Beverage packaging is intended to be strengthened by this Regulation, with a view to achieving a share of at least 80%. The Federal Government carries out the necessary surveys on the respective shares and publishes the results annually in the Federal Gazette. The Federal Government shall examine the effects of the regulations of § 9 on waste management no later than 1 January 2010. The Federal Government shall report on the results of its examination against the Bundestag and the Federal Council. (3) At least 65% by mass of the total packaging waste should be recycled by at least 55% by mass by 31 December 2008 at the latest. The material recycling of the individual packaging materials for wood 15, for plastics 22.5, for metals 50 and for glass as well as paper and cardboard is to reach 60% by mass, whereby plastics are only considered, which material becomes plastic again by material recycling. The Federal Government carries out the necessary surveys and informs the public and the market participants. Packaging waste which, in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, p. 1), as amended, of Council Regulation (EC) No 1420/1999 and Commission Regulation (EC) No 1547/1999 of Community shall be taken into account for the fulfilment of the commitments and objectives referred to in the first and second sentences only if there is substantial evidence that the recovery or recycling has taken place under conditions which are essentially equivalent to those laid down in the relevant Community legislation are.
§ 2 Scope of application
1. The Regulation shall apply to all packaging placed on the market within the scope of the Closed Substance Cycle Code, irrespective of whether they occur in industry, trade, administration, commerce, services, household or elsewhere, from which they exist. (2) Where other legislation requires special requirements for packaging or packaging, Disposal of packaging waste or the transport of packaged products or of Packaging waste, this shall remain unaffected. (3) The power of the Federation, the Länder and municipalities, third parties to use their facilities or land as well as the use of public roads for the avoidance and recycling of waste shall remain unaffected.
§ 3 Definitions
(1) For the purposes of this Regulation: 1. Packaging: Products made from any materials for reception, protection, handling, delivery or presentation of goods which may range from the raw material to the processed product and which are passed on to the distributor or end user by the manufacturer. The definition of 'packaging' is also supported by the criteria set out in Annex V. The items listed in Annex V are examples of the application of these criteria. 2. Sales packaging: Packaging, which is offered as a sales unit and is purchased by the final consumer. Sales packaging within the meaning of the regulation is also packaging of the trade, catering and other service providers, which allow or support the delivery of goods to the end user (service packs) as well as disposable dishes. 3. Outer packages: Packaging which are used as additional packaging for sales packaging and are not necessary for the purpose of hygiene, durability or protection of the goods against damage or contamination for delivery to the final consumer. 4. Transport packaging: Packaging, which facilitate the transport of goods, the goods on the transport from damage or used for reasons of safety of transport, Distributors. Containers for road, rail, ship or air transport are none Transport packaging. (2) Beverage packaging within the meaning of this Regulation are closed or predominantly closed packaging for liquid foodstuffs as defined in Section 2 (2) of the Food and Feed Code, intended for consumption other than yoghurt and kefir. (3) Reusable packaging within the meaning of this Regulation is packaging intended to be re-used several times for the same purpose after use. Disposable packaging for the purposes of this Regulation is packaging which are not reusable packaging. (4) Ecologically advantageous disposable beverage packages for the purposes of this Regulation are: 1. beverage box packaging (block pack, gable pack, cylinder pack), 2. Beverage polyethylene tube bag packages, 3. Foil stand bottom bag. 5. For the purposes of this Regulation, composite packaging is packaging made of different materials which cannot be separated by hand, none of which exceed 95% of the mass. (6) Residual packaging for the purposes of this Regulation shall be packaging whose contents has been exhausted. (7) Substances containing pollutants for the purposes of this Regulation 1. Substances and preparations which would be subject to the ban on self-service pursuant to Article 4 (1) of the Chemicals Prohibition Order, 2. Plant protection products within the meaning of Article 2 (1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Directives 79/117 / EEC and 91/414 / EEC (OJ L 309, 24.11.2009, p. 1), which are required by the Hazardous Substances Ordinance (a) very toxic, toxic, oxidizing or highly flammable (b) as harmful to human health and with the R phrase R 40, R 62, R 63 or R 68 Marked are, 3. Preparations of diphenylmethane-4,4'-diisocyanate (MDI) to the extent that these are to be classified as harmful to health and R 42 according to the Ordinance on Hazardous Substances and placed on the market in compressed gas packs. (8) Producers within the meaning of this Regulation are those who produce packaging, packaging or products from which packaging is directly made and those who place packaging within the scope of the Regulation. (9) Distributors within the meaning of this Regulation are those who place packaging, packaging or products from which direct packaging is made or goods in packaging, irrespective of which degree of trade. Distributors for the purposes of this Regulation are also mail-order companies. (10) The territory of the country where the goods are placed on the market are to be regarded as the catchment area of the producer or distributor. (11) The final consumer within the meaning of this Regulation is the one who no longer sells the goods in the form supplied to him. For the purposes of this Regulation, private end-users are households and similar establishments of packaging, restaurants, hotels, canteens, administrations, barracks, hospitals, educational institutions, charitable organizations, freelancers and typical cultural activities such as cinemas, operas and museums, Recreational parks, sports stadia and rest areas. Similar establishments as defined in sentence 2 are also farms and craft enterprises
Take-back, pike-raising and exploitation obligations
§ 4 Redemption obligations for transport packaging (1) Manufacturers and distributors are obliged to take back transport packaging after use. In the context of recurring deliveries, the withdrawal may also take place at one of the next deliveries. (2) The returned transport packaging shall be returned to a new use or material recycling, as far as is technically possible and economically reasonable (§ 7 paragraph 4 of the Closed Substance Cycle Act), for a recovered substance a market exists or can be created. In the case of transport packaging which are produced directly from renewable raw materials, the energetic utilization of material recycling is equated.
§ 5 Redemption obligations for outer packaging
(1) Distributors who offer goods in outer packaging shall be obliged, when delivering goods, to: End users to remove the outer packaging or to give the end user the opportunity to remove and return the outer packaging at the point of sale or on the site belonging to the sales point. This shall not apply if the end user requires the transfer of the goods in the outer packaging; in which case, the provisions on the withdrawal of sales packaging shall apply mutatis mutandis. (2) Insofar as the distributor does not remove the outer packaging himself, he must be informed at the cash register recognizable and readable signs indicate that the final consumer has the possibility, at the point of sale or on the site belonging to the point of sale, to remove the outer packages from the purchased goods and leave them behind. (3) The distributor is obliged to provide suitable collection containers for the reception of the outer packaging for the end user in the sales outlet or on the site belonging to the sales point in a clearly visible and easily accessible manner. A separation of individual groups of material must be ensured, insofar as this is possible without marking. The distributor is obliged to return packaging to another use or to a material recycling. Section 4 (2) shall apply mutatis mutandis.
§ 6 Obligation to ensure the full coverage of sales packaging, which is incurred by the private end-user
1. Producers and distributors who first market on the market the goods-filled sales packaging which is typically produced by the private final consumer shall participate in one or more systems referred to in paragraph 3 to ensure the full withdrawal of these sales packaging. By way of derogation from sentence 1, distributors who place goods-filled service sales packaging within the meaning of section 3 (1) no. 2 sentence 2, which are typically incurred by the private final consumer, for the first time, require manufacturers or distributors or pre-distributors of these service packaging, provided that the latter are involved in one or more of the systems referred to in paragraph 3 regarding the service packages they supply. Sales packaging according to sentence 1 may only be delivered to private end - users if manufacturers and distributors use these packaging in a system as defined in paragraph 3 participate. To ensure a level playing field for the parties liable under the first sentence and to compensate for their costs, the systems referred to in paragraph 3 may also cover the costs of the collection, sorting, Transported and packaged by the system.
2. The obligation on the producers and distributors referred to in paragraph 1 to participate in a system referred to in paragraph 3 shall cease to apply insofar as they affect the sales packaging placed on the market by the competent authority in accordance with Paragraph 3 (11) sentences 2 and 3; either themselves or through intermediary distributors, in a verifiable manner, in accordance with the first sentence of paragraph 8, The manufacturer or distributor must demonstrate by evidence of one of the experts referred to in point 2 (4) of Annex I that he or a third party designated by him is responsible for this 1. has set up a suitable sector-specific recording structure for all of the seizures it has received pursuant to clause 1, which ensures a regular, free redemption of all sales packaging placed on the market in accordance with paragraph 8, first sentence, (2) written confirmations of all of the accidents which have been supplied by him pursuant to clause 1, concerning their integration into this collection structure, 3. ensure the recovery of the sales packaging in accordance with the requirements laid down in points 1 and 4 of Annex I. The certificate must be submitted together with the confirmations pursuant to sentence 2 no. 2 at least one month before the date of the withdrawal of the competent supreme state authority or the authority designated by it. The beginning of the withdrawal and any changes to the withdrawal system shall be notified in writing. Paragraph 5, third sentence, and Annex I, point 1, point 2, paragraph 4 and point 4 shall apply mutatis mutandis. In addition, in the annual verification according to Annex I, point 4, the starting points according to sentence 1 shall be designated as addressable; in addition, written proofs of all places of origin according to sentence 1 shall be enclosed with the quantities of sales packaging supplied by the respective manufacturer or distributor.
3. A system shall cover a wide area free of charge in the catchment area of the obligated distributor for the periodic collection of used, remedial sales packages to the private end-user or in the vicinity thereof and to meet the requirements set out in Annex I. A system (system operator, applicant) pursuant to sentence 1 shall allocate the packaging covered by its collection system to a recovery in accordance with the requirements of Annex I, point 1, and to meet the requirements of Annex I, points 2 and 3. Several systems can work together to set up and operate their systems.
4. A system referred to in paragraph 3 shall be adapted to existing collection systems of the public waste disposal authorities in whose area it is established. The vote shall be a prerequisite for the determination pursuant to paragraph 5 sentence 1. The vote shall be made in writing. The interests of the public waste disposal authorities must be considered. Public waste disposal authorities may require the appropriate transfer or use of the facilities required for the collection of materials of the type referred to in Annex I. System operators may require the public waste disposal authorities to allow them to use the facilities for an appropriate fee. The public waste disposal authorities can be used within the framework of the vote require that equivalent non-packaging waste be collected for an appropriate fee. System operators are obligated to contribute pro rata to the costs of the public waste disposal authorities for their respective systems and the erection, provision, maintenance and clean-up of areas on which collective reserves are created. The vote must not preclude the allocation of waste disposal services in competition. A system may submit to the vote which is already in force in the territory of a public waste disposal body without the disposal authority being entitled to request a new vote. In any material change in the general conditions governing the operation of the system in public law the appropriate adaptation of the vote according to sentence 1 desire.
5. The supreme regional authority responsible for waste management or the authority designated by it shall, at the request of the system operator, establish that a system as referred to in paragraph 3 is set up across the country. The determination under sentence 1 may be retrofitted subsequently, which are necessary to ensure the permanent existence of the preconditions during the operation of the system. The supreme regional authority responsible for waste management or the authority designated by it may, in the event of the determination under sentence 1, or subsequently require that the system operator provide adequate, insolvency-proof security if he or the persons appointed by him perform the obligations pursuant to this Regulation or in part, and that the public waste disposal authorities or the competent authorities can claim reimbursement for replacement. The notice shall be publicly disclosed and effective from the date of public announcement.
6. The competent authority may, in its entirety or in part, revoke its findings under paragraph 5, first sentence, if it finds that the requirements referred to in paragraph 3 are not complied with. It makes the revocation public. The revocation shall be limited to the packaging of certain materials, if only these do not reach the exploitation quotas according to Annex I. The competent authority may also revoke its findings under the first sentence of paragraph 5 if it establishes that the operation of the system has ceased.
7. The systems must participate in a common body. The tasks of the Joint Bureau shall be: 1. Determination of the proportionally allocated packaging quantities of several systems in the territory of a public waste disposal body, 2. Breakdown of the agreed on secondary charges, 3. Competitive coordination of calls for tenders. The determination referred to in paragraph 5 shall become invalid if a system is not involved in the Joint Bureau within three months from the date of its establishment. The Joint Body must ensure that it is accessible on equal terms to all systems and that the rules on the protection of personal data as well as business and business secrets are respected. In the case of decisions affecting the public waste disposal authorities, the Joint Body shall hear the local authority associations.
8. If no system is set up in accordance with paragraph 3, all last - End-users, at the place of actual handover or in the immediate vicinity thereof, and to supply them with a recovery in accordance with the requirements laid down in Annex I, point 1, and to meet the requirements of Annex I, point 4. The requirements for recycling can also be fulfilled by re-use or distribution to pre-distributors or manufacturers. The end-user must point out to the private end-user by means of clearly recognizable and readable document boards the possibility of return according to sentence 1. The obligation pursuant to sentence 1 is limited to packaging of the type, shape and size as well as such goods as the distributor carries out in its assortment. For distributors with a sales area of less than 200 square meters, the obligation to take back the packaging is restricted to the packaging of the brands which the distributor places on the market. Producers and pre-distributors of packaging referred to in the first sentence of paragraph 1 are obliged, in the case of sentence 2, to redeem packets returned under the first sentence free of charge at the place where they are delivered and to supply them with a recovery in accordance with Annex I, No 4. There may be other agreements the place of the return and the cost. The requirements for recycling can also be met by reuse. Sentences 4 and 5 shall apply mutatis mutandis.
9. The provisions of paragraphs 1 to 8 shall not apply to the sales packaging of goods containing pollutants in the sense of § 8 and disposable beverage packaging as defined in § 9 of Annex 9. Annex I, Section 3, Paragraph 1 shall remain unaffected.
10. This provision does not apply to reusable packaging.
§ 7 Redemption obligations for sales packaging, which are not for private customers
(1) The destination of sales packaging which does not belong to the private final consumer obligated to take back, redeem and dispose of used, completely emptied sales packaging at the place of the actual transfer or in its immediate vicinity free of charge. Section 4 (2) shall apply mutatis mutandis. The obligation pursuant to sentence 1 is limited to packaging of the type, shape and size as well as such goods as the distributor carries out in its assortment. Different arrangements can be made concerning the place of return and the costing.
(2) Manufacturers and pre-distributors of packaging pursuant to subsection (1) sentence 1 are obliged to redeem packaged packaging returned in accordance with paragraph 1 free of charge at the place where they are delivered. Paragraph 1 sentences 2 to 4 shall apply mutatis mutandis. 3. Manufacturers and distributors referred to in paragraphs 1 and 2 may cooperate in the performance of their obligations under this Regulation.
§ 8 Redemption obligations for sales packaging of goods containing pollutants
(1) Manufacturers and distributors of sales packaging of substances containing pollutants are obliged to take appropriate measures to ensure that used, completely emptied packaging can be returned by the end user at a reasonable distance free of charge. By means of other appropriate measures, the end user must point out the possibility of return by means of clearly recognizable and legible writing boards in the point of sale and in the mail-order business. If sales packaging is not received by private end-users, different arrangements can be made for the place where the goods are returned and the cost rules.
(2) The returned packaging shall be reused or recycled, Packaging as specified in Section 3 (7) No. 3 of a material recycling, as far as is technically possible and economically reasonable.
(3) Manufacturers and distributors of sales packaging of substances containing pollutants are obliged to fulfil the requirements according to Annex I No. 4 sentences 1 to 5 accordingly. The documentation shall be submitted to the authority responsible for implementing the waste law, on whose territory the manufacturer or distributor is established, on request. Annex I No. 4 sentences 13 and 14 shall apply mutatis mutandis.
§ 9 Pledging and withdrawal obligation for disposable beverage packaging
(1) Distributors who consume drinks in disposable beverage packages with a filling volume of 0,1 liters to 3 liters are obliged to pay a deposit of at least 0.25 from their customer Euro including VAT per packaging. Sentence 1 shall not apply to packaging which is not delivered to the final consumer within the scope of the regulation. The deposit must be collected by every other distributor at all stages of the trade until delivery to the final consumer. Distributors have to mark beverages in disposable beverage packages which are subject to the obligation to deposit pursuant to sentence 1 prior to placing the goods on the market in a clearly legible and clearly visible manner and to participate in a nationwide pledge system that allows the system participants to process pledge claims under one another. The deposit is to be refunded when the packaging is returned. The deposit shall not be reimbursed without a return of the packaging. Section 6 (8) shall apply mutatis mutandis to the redemption. In the case of packaging subject to the obligation to deposit pursuant to sentence 1, the replacement obligation pursuant to section 6 para. 8 sentences 1 shall apply to packaging of the respective material types Glass, metals, paper / cardboard / cardboard or plastic including all composite packaging the main materials which the distributor places on the market. In the case of sales from vending machines, the distributor must ensure the withdrawal and pandering by means of suitable return possibilities at a reasonable distance from the vending machines. The withdrawn disposable beverage packaging as defined in sentence 1 shall be given priority to a material recycling.
(2) Paragraph 1 applies only to non-ecologically favourable disposable beverage packages as defined in Section 3 (4), which contain the following beverages: 1. Beer (including alcohol-free beer) and beer mix drinks, 2. Mineral, spring, table and medicinal waters and all other potable waters, 3. Soft drinks with or without carbonic acid (, sodas including colas, beverages, bitter drinks and iced tea). No refreshment drinks within the meaning of sentence 1 are fruit juices, fruit nectars, vegetable juices, vegetable teas, beverages with a minimum content of 50 per cent of milk or products obtained from milk, mixtures of these beverages and dietary beverages as defined in § 1 para Letter c of the dietary regulation, which are offered exclusively for infants or toddlers, (4) alcoholic mixed drinks containing a) have been prepared using (aa) products which, pursuant to Article 130 (1) of the Act on the Spirits Monopoly of the Spirits tax, or (bb) fermentation alcohol from beer, wine or wine - like products, whether or not in processed, which has been subjected to a technical treatment which is not more corresponds to the good manufacturing practice, and an alcohol content of less than 15 By volume, or (b) less than 50% of wine or wine-like products, whether or not refined, contain.
(3) Producers and distributors of ecologically beneficial disposable beverage packages and of Disposable beverage packages which are not subject to a pledge under paragraph 2 are obliged to participate in a system pursuant to section 6 (3) as far as packaging is concerned with the private final consumer.
§ 10 Declaration of completeness for sales packaging used in transport to be brought
(1) Any person who places sales packaging in accordance with § 6 on the market shall be obliged to publish an annual report by 1 May A certificate of completeness verified by an auditor, a tax advisor, a sworn accountant or an independent expert in accordance with Annex I, point 2, paragraph 4, for all sales packaging filled with goods which he put into circulation for the first time in the previous calendar year, and to deposit them in accordance with paragraph 5.
(2) The declaration of completeness shall contain particulars
1. on the type of material and mass of the products sold in the previous calendar year Sales packaging according to Sections 6 and 7, in each case separately from the materials listed in Annex I No. 1 para. 2,
2. to participate in systems pursuant to section 6 (3) for the sales packaging which were intended to incur direct end-users,
3. the material type and mass of the sales packaging placed on the market in the preceding calendar year pursuant to Article 6 (2), including the name of the person who places the proof referred to in Annex I, point 4,
4. to fulfil the utilization requirements according to § 7.
(3) distributors, the service sales packaging filled with goods within the meaning of § 3 para. 1 no. 2 sentence 2, which are typically incurred by the private end user, may require the manufacturers or distributors or pre-distributors of those service packs to assume that the latter are subject to the obligation under paragraph 1, first sentence, as far as they are concerned with one or more systems with respect to the service packs they deliver pursuant to Article 6 (3).
(4) Producers and distributors, the sales packaging according to § 6 of the material glass of more than 80,000 kilograms or paper, cardboard, cardboard of more than 50,000 kilograms or of the other materials mentioned in Annex I No. 1 para in the calendar year, shall issue annually a complete declaration of completeness pursuant to paragraph 1. Below the volume thresholds pursuant to sentence 1, declarations of completeness shall be issued only at the request of the authorities responsible for monitoring the waste management.
(5) Producers and distributors shall provide the information on completeness to the competent local Chamber of Commerce and Industry in electronic form for three years in accordance with the requirements of Annex VI. The audit certificate according to section 1 sentence 1 of the Wirtschaftsprüfer, Steuerberater, sworn accountant or independent expert according to Annex I no. 2 para 4 shall be provided with a qualified electronic signature in accordance with § 2 of the signature law. The Chambers of Industry and Commerce operate the self-administration depository offices. They inform the public on the Internet about who has issued a declaration of completeness. You have to give each authority which is responsible for the supervision of the waste management regulations access to the clarifications of completeness. To fulfil their obligations pursuant to this paragraph, they shall use the office which, pursuant to Article 32 para of the Environmental Audit Act in the version of the notice of 4 September 2002 (Federal Law Gazette I p 3490), as last amended by Article 8 (1) of the Law of 4 December 2004 (Federal Law Gazette I p. 3166).
(6) The systems (system operators, applicants) pursuant to Section 6 (3) are obliged to use the information pursuant to Paragraph 2 (2) on an interest in their system for the previous calendar year at the office referred to in paragraph 5, May of a calendar year. Paragraph 5 sentence 5 shall apply mutatis mutandis. (7) The systems referred to in Section 6 (3) shall reimburse the costs and expenses of the body pursuant to Paragraph 5 (6) Expenses for the deposits referred to in paragraphs 5 and 6 and the establishment and operation of the depository agency. The body referred to in paragraph 5, sentence 6, shall determine the cost shares for the individual systems pursuant to section 6 (3), according to the ratio of the number of system participations transmitted by them in accordance with paragraph 6. The systems pursuant to section 6 (3) are jointly and severally liable.
§ 11 Commissioning of third parties
Manufacturers and distributors may use third parties to fulfil their obligations under this Regulation. The repurchase of packaging and the reimbursement of deposit amounts can also be effected via vending machines. Section 22, sentences 2 and 3 of the Closed Substance Cycle Act shall apply mutatis mutandis.
Manufacture, placing on the market and labelling of packaging
§ 12 General requirements
Packaging shall be manufactured and distributed in such a way that:
1. The packaging volume and mass shall be kept to the minimum necessary to maintain the necessary safety and hygiene of the packaged product and its acceptance for the packaging Consumers;
2. their re-use or recovery is possible and the environmental impacts in the recovery or disposal of packaging waste are minimized;
3. harmful and hazardous substances and materials in the disposal of packaging or packaging; Packaging components in emissions, ash or leachate are kept to a minimum.
§ 13 Concentration of heavy metals
(1) Packaging or packaging components may only be placed on the market if the concentration of lead, cadmium, mercury and chromium VI does not exceed 100 milligrams per kilogram.
(2) Paragraph 1 shall not apply to:
1. Packages made entirely of lead crystal glass,
2. Packaging in established systems for reuse,
3. plastic boxes and pallets meeting the conditions laid down in Annex II.
4. By way of derogation from paragraph 1, a limit value of 250 milligrams per kilogram shall apply to other glass packaging which meets the requirements of Annex III.
§ 14 Marking
Packaging may be identified with the numbers and abbreviations set out in Annex IV to identify the material. The use of other numbers and abbreviations for the identification of the same materials is not permitted.
Misrepresentations, transitional and final provisions
§ 15 Administrative Offenses
(1) Any unlawful or negligent act within the meaning of Section 69 (1) (8) of the Closed Substance Cycle Act
1. contrary to § 4 Paragraph 1 Sentence 1 or Paragraph 2 Sentence 1 a packaging not or not in time or reuse or reuse or recycle,
2. contrary to the first sentence of Article 5 (1), an outer packaging is not removed or not removed in time and is returned to the End-user does not have the opportunity to remove or return the outer packaging, 3. contrary to § 5 Paragraph 2, § 6 Paragraph 8 Sentence 3 or § 8 Paragraph 1 Sentence 2, there is no indication, is not correct or incomplete,
4. contrary to § 5 Paragraph 3 Sentence 1, does not provide, or does not provide, in the prescribed manner,
5. contrary to § 5 para. 3 sentences 3 an outer packaging of a reuse or a material reuse Recovery,
6. contrary to the first sentence of Paragraph 6 (1), does not participate in a system referred to therein,
7. contrary to Article 6 (1), third sentence, submits a sales package to the final consumer,
8. contrary to the second sentence of Paragraph 6 (3), does not supply a packaging for a recovery,
9. contrary to the second sentence of Paragraph 6 (3), in conjunction with Annex I, point 2 (1), first sentence, does not ensure that packaging is covered,
10. Does not withdraw a sales package contrary to section 6 (8) sentence 1 or sentence 6, Recovery,
11. contrary to § 7 Paragraph 1 Sentence 1 or Paragraph 2 Sentence 1, does not withdraw a sales package or does not supply it with a recovery,
12. contrary to § 8 paragraph 1 sentence 1 does not ensure that packaging can be returned,
13. packaging withdrawn contrary to Article 8 (2) of a reuse or a Recovery,
14. does not raise a deposit contrary to § 9 para. 1 sentence 1, 3 or sentence 5, or not or in time refunded 15. contrary to Article 9, Paragraph 1, Sentence 4, does not label a one-way beverage packaging incorrectly or incorrectly, or does not participate in a nationwide deposit system,
16. contrary to section 9 paragraph 1 sentence 6, reimburse a deposit without taking back the packaging, 17. places packaging or packaging components on the market contrary to Article 13 (1);
18. contrary to § 14 sentence 2 other numbers or abbreviations used.
(2) Unlawful acts within the meaning of Section 69 (2) (15) of the Closed Substance Cycle Act, who are intentional or negligent
1. in contravention of Section 6 (2) sentence 5 in conjunction with Annex I, Section 4, Sentence 2 or Sentence 3, in each case Connection with § 6 paragraph 2 sentence 6, a documentation not, not correctly, not completely or not timely created,
2. in contravention of section 6 (2) sentence 5, in conjunction with point 9 of Annex I, paragraph 4, a certificate is not filed, not correctly, not completely or not in time,
3. does not submit a documentation, or does not submit it on time, contrary to § 6 (2) sentence 5, in conjunction with section 4 sentence 11 of Annex I, in conjunction with section 6 (2) sentence 6,
4. contrary to the second sentence of Article 6 (3), in conjunction with Annex I, point 2 (3), third sentence, does not furnish proof, not correctly, not completely or not in time,
5. contrary to the second sentence of Paragraph 6 (3), in conjunction with Annex I, point 2 (3), sentence 5, a certificate has not been filed, not correctly, not completely or not in time,
6. fails to provide proof, or does not submit it in due time, contrary to the second sentence of Article 6 (3), in conjunction with Annex I, point 2, paragraph 3, sentence 7,
7. contrary to Paragraph 6 (3), second sentence, in conjunction with the first sentence of point 3 (3) of Annex I, does not lead to proof,
8. in contravention of Section 6 Paragraph 8 Sentence 1 or Sentence 6, in conjunction with Annex I, Section 4, Sentence 2 or Sentence 3, documentation is not prepared, not correctly, not completely or not in time,
9. in contravention of section 6 (8) sentence 1 or sentence 6, in each case in conjunction with point 9 of Annex I, paragraph 4, a Certificate not, not correctly, not completely or not in time deposited,
10. fails to provide documentation, or does not submit it in due time, contrary to section 6 (8) sentence 1 or sentence 6, in each case in conjunction with section 4 sentence 11 of Annex I,
11. In contravention of section 8 (3) sentence 1, in conjunction with point 4 sentence 2 or sentence 3 of Annex I, Documentation is not, not properly, not completely or not created in time,
12. contrary to § 8 paragraph 3 sentence 2, does not submit a documentation or does not submit it in time,
13. Does not provide a complete declaration of completeness, not correct, not complete or not in time contrary to § 10 paragraph 1 sentence 1, is not correct, not complete, not in the prescribed manner or not filed in time or
14. contrary to § 10 Paragraph 6 Sentence 1, information is not provided, not correctly, not completely or not in time.
§ 16 Transitional Provisions
1. Packaging which has been used for a product before the entry into force of the Regulation by way of derogation from Sections 13 and 14.
2. Certificates and notifications submitted to the competent authority pursuant to Article 6 (2) in the version valid until 31 December 2014 shall not be regarded as certificates or notifications within the meaning of Article 6 (2) as from 1 January 2015.
3. § 10 applies with the proviso that the declaration pursuant to § 10 (1) is to be deposited for the first time as of May 1, 2009 for the packaging placed on the market in 2008 from April 5.
§ 17 *)
The Federal Council has agreed.
Annex I (to § 6)
(Reference: BGBl. I 2008, 537-538;
regarding the individual amendments, footnote)
1. Requirements for the utilization of sales packaging used by private customers
1. Systems pursuant to Section 6 (3) shall comply with the recovery requirements set out in paragraphs 2 to 4 regarding the packaging for which manufacturers or distributors are involved.
2. At least the following quantities of mass-produced packaging must be used for mass recycling: material Glass 75 Percent Tinplate 70 percent Aluminium 60 percent Paper, cardboard, cardboard 70 percent Associations 60 percent. Insofar as associations are fed their own path of exploitation, it is an independent one Proof of the quota pursuant to sentence 1. For composites used in a stream of one of the foregoing Main materials are collected and recycled, the quota pursuant to sentence 1 shall be carried out appropriate sample surveys. It is to ensure that alliances with the material, as far as the material recycling of a other material component is approaching the objectives of the recycling industry and, moreover, the other components are utilized. At least 60 percent of this recovery rate is to be ensured by means of processes in which material-like new material is replaced or the plastic remains available for further material use (material methods).
3. Packaging made of materials for which no recycling quotas are given are to be recycled to the extent that this is technically possible and economically reasonable. In the case of packaging produced directly from renewable raw materials, energy recovery is equated with material recycling.
4. The actual quantity of packaging collected shall be recovered without prejudice to paragraph 2 to the extent that this is technically possible and economically reasonable. This also applies in the case the joint use of facilities of the public waste disposal authorities pursuant to § 6 para. 4. Otherwise, they must be removed in accordance with the principles of non-compliant waste disposal in accordance with § 15 of the Closed Substance Cycle Management Act; they are to be left to the disposal authorities of the public sector, unless they are disposed of in their own facilities or if a large public interest requires a transfer.
2. General requirements for systems according to § 6 para 3
1. Operators of the systems pursuant to § 6 (3) shall ensure that packaging for the private End users (haulage systems) or in its vicinity by appropriate collection systems (delivery systems) or by a combination of both systems. The collection systems must can record all packaging involved in the system on a regular basis. The recording is restricted to private end users.
(2) The operators of the systems pursuant to § 6 (3) shall ensure that:
(1) there are recovery capacities for the packaging included in the system,
2. the requirements for the recycling of valuable substances as defined in point 1 of this Annex and 3. if the system operation is set up, which is in the collecting devices of the system collected packaging.
3. Each operator of systems pursuant to section 6 (3) shall provide verifiable evidence of the quantities covered and of the quantities used for material and energy recovery. It shall be shown in a verifiable manner which quantities have been recorded in the individual countries. The proof shall be provided based on the quantity of packaging, which has been entered into the system, recorded by the applicant, broken down according to packaging materials, on 1 May of the following year. The fulfilment of the collection and exploitation requirements shall be certified by an independent expert in accordance with paragraph 4 based on the evidence. The certificate shall be deposited by the system operator with the notified body in accordance with Section 32 (2) of the Environmental Audit Act on June 1, respectively. The certificate shall be provided by the body responsible for waste management or by the authority designated by it. The supporting documents pursuant to sentence 1 shall be submitted to the authority on request.
4. Is an expert in accordance with paragraph 3,
1. whose proficiency is determined by an accreditation of the national accreditation body in a generally recognized procedure,
2. Anyone who is an environmental assessor or environmental expert organization on the basis of an authorization pursuant to §§ 9 and 10 or in accordance with § 18 of the Environmental Auditing Act, as amended of 4 September 2002 (Federal Law Gazette I, p. 3490), which was last amended by Article 10 of the Act of 11 August 2010 (Federal Law Gazette I, p. 1163), as amended, in the area concerned which is defined in more detail in Annex I, Section E, Section 38 of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of the NACE Revision 2 industries and amending the Regulation (EEC) No 3037/90 and certain EC Regulations on certain areas of statistics (OJ L 393, 30.12.2006, p. 1), as last amended by Regulation (EC) No 295/2008 (1) OJ L 97, 9.4.2008, p. 13) has been amended, as amended from time to time,
3. who is publicly appointed pursuant to § 36 of the Trade Regulations;
4. is established in another Member State of the European Union or in a Contracting State to the Agreement on the European Economic Area, intends to pursue its activities only temporarily and on an occasional basis in the territory of Germany and must verify its professional qualification before commencing business according to sections 13a and 13b of the Trade Regulations to let; Procedures according to this number can be handled by a single entity.
3. Participation in systems pursuant to § 6 para 3
(1) Packaging of filling products within the meaning of § 8 may in principle not be included in systems pursuant to Section 6 (3). The applicant may include such packaging in his system if producers or distributors believe that the system is compatible with the system through an expert opinion from an independent expert, considering the usual consumer behaviour.
(2) The operator of the system shall confirm the participation in the system to the manufacturers and distributors involved.
(3) The applicant must provide evidence against the applicant authority on 1 May each year to the extent to which producers or distributors in the previous year fall within the scope of Regulation Sales packages have entered into its system. The proof is broken down according to Packaging materials by an auditor's certificate. To be accepted any packaging for which manufacturers or distributors are involved.
4. The applicant authority may, at the applicant's expense, verify the evidence by itself or by an appropriate body. Insofar as it is feared that the welfare of the public, in particular the health and well-being of the people, will be impaired by the inclusion of packaging into the system, the applicant authority may require the applicant to demonstrate the system compatibility of the corresponding packaging. The applicant authority may prohibit the inclusion of the packaging in individual cases if the system compatibility is not credible.
4. General requirements for the obligated parties pursuant to § 6 para
Manufacturers and distributors who are obliged to take back packaging pursuant to Article 6 (8) must prove the fulfilment of the redemption and recovery requirements. For this purpose, the sales packaging placed on the market in the previous calendar year, as well as withdrawn and recycled, must be documented in a verifiable manner by 1 May of each year. The documentation must be prepared in bulk, broken down according to the individual packaging materials. Reusable packaging and pledged disposable beverage packaging pursuant to Article 9 (1) sentence 1 may not be included in the documentation. A co-operation between several manufacturers and distributors is permitted. Each of these manufacturers and distributors shall ensure the fulfilment of the redemption and recovery requirements pursuant to section 6 (8) by establishing appropriate collection and exploitation structures. In this case, it is sufficient for the cooperating producers and distributors as a whole. The fulfilment of the redemption and Recovery claims shall be certified by an independent expert in accordance with point 2 (4) on the basis of the documentation. The certificate has to be deposited by the obligated manufacturers and distributors with the notified body in accordance with § 32 para. 2 of the Environmental Audit Act, respectively, by 1 June. The certificate shall be provided by the body referred to in paragraph 9 of the supreme regional authority responsible for waste management or the authority designated by it. The accompanying documentation in accordance with sentences 2 and 3 shall be submitted to the competent authority upon request. In the case of the co-operation of several manufacturers and distributors pursuant to sentence 5, the certificate shall show all cooperating producers and distributors by name and registered office. Distributors with a sales area of less than 200 square meters, which are obliged to take back packaging pursuant to Article 6 (8), may refer to the certificate of the upstream distributor level. As a sales area, the total area of all establishments is among manufacturers and distributors with several branches.
Annex II (to Section 13 (2)) Determination of the conditions under which the limit value specified in Section 13 (1) does not apply to plastic boxes and pallets
(Source of the original text: BGBl. I 2000, 1344 - 1345; regarding the individual amendments, Footnote)
No. 1 Scope of application
The heavy metal limit value specified in Article 13 (1) does not apply to plastic boxes and pallets circulating in closed and controlled product circuits and meeting the following conditions.
No. 2 Definitions
For the purposes of this provision:
- "Conscious Encore": the intended use of a substance in the formula of a packaging or packaging component with the aim of achieving a feature, appearance or quality by its presence in the packaging or packaging component. It should not be considered a "deliberate addition" when secondary raw materials are used in the manufacture of new packaging materials, some of which may contain metals which are subject to concentration limits,
- "random presence": the unintentional presence of a substance in a package or packaging component,
- "closed and controlled product cycles": In which products are circulated on the basis of a controlled distribution and multi-path system and in which the secondary raw materials only come from circulating units, the addition of substances which are not from the circulation is limited to the technically as small as possible to which the units may be removed only by means of a procedure approved for this purpose in order to achieve the highest possible return rate.
No. 3 Manufacture and labelling
(1) Production shall be carried out in a controlled process of material recovery, in which the Secondary raw material is derived exclusively from plastic boxes and pallets and the addition of substances which are not from the circulation remains limited to the technically as small as possible, but not more than 20% by mass.
(2) Lead, cadmium, mercury and chromium VI must not be added as part of the manufacturing or distribution. The accidental presence of one of these substances remains unaffected.
(3) The limit value may only be exceeded if this refers to the use of secondary raw materials respectively. (4) New plastic boxes and pallets containing metals which are subject to concentration limits are permanently and visibly marked.
No. 4 System requirements and another disposal
(1) There is a stock-taking and control system that also provides legal and financial accountability to ensure compliance with the requirements of points 3 and 4, including the rate of return, H. of the percentage of reusable packaging which is not discarded after use, but returned to its producers, packers / bottlers or an authorized representative; this ratio should be as high as possible and should not be less than 90 per cent over the life of the plastic boxes and pallets as a whole. This system is intended to cover all reusable packaging placed on the market and withdrawn from the market.
2. Any plastic boxes and pallets which cannot be reused shall either be subjected to a process of material recycling in the plastic boxes and pallets referred to in point 3 or are disposed of in a manner which is compatible with the common good. Nb.
5 Declaration of Conformity and Annual Report
1. The manufacturer or his authorized representative shall issue a written declaration of conformity annually that the plastic boxes and pallets manufactured in accordance with this Annex meet the requirements described herein. It shall also draw up an annual report stating how the conditions laid down in the Annex have been complied with. This should include, in particular, any changes to the system and any changes to the authorized representatives.
2. The manufacturer or his authorized representative shall keep these documents for at least four years and shall submit them to the competent authority on request.
(3) If neither the manufacturer nor his authorized representative is within the scope of the regulation, the obligation to provide such documents shall be transferred to the person placing the product on the market within the scope of the Regulation.
Annex III (to Section 13 (3))
Determination of the conditions under which the heavy metal limit value specified in Section 13 (1) does not apply to glass packaging
(Reference to the original text: BGBl. I 2002, 1572 - 1573, about the individual amendments, see footnote)
No 1 Definitions
For the purposes of this definition, the terms "conscious addition" and "random presence" shall apply Definitions in point 2 of Annex II to section 13 (2).
No. 2 Production
(1) Lead, cadmium, mercury and chromium VI may not be added deliberately as a component during manufacture. (2) The limit value according to § 13 (1) may only be exceeded if this is due to the use of Secondary raw materials.
No. 3 Control
1. If the average heavy metal concentration exceeds the limit of 200 mg / kg for monthly monitoring of the production of each individual kiln, which is representative of normal and regular production, carried out in 12 consecutive months, the manufacturer or his authorized representative shall inform the competent authority to submit a report. This report shall include at least the following information:
- measured values,
- description of the method used,
- alleged sources of the presence of heavy metal concentration limits,
- a detailed description of the measures taken to reduce the concentration limits.
(2) The results from the production sites and the measuring methods used shall be kept for at least three years and shall be submitted to the competent authority on request.
(3) If neither the manufacturer nor his authorized representative is within the scope of the regulation, the obligations under paragraphs 1 and 2 shall be transferred to the person placing the product on the market within the scope of the Regulation.
Annex IV (to § 14)
(Reference to the original text: Federal Law Gazette I 1998, 2387 - 2389; for the individual amendments see footnote)
1. Numbers and abbreviations for plastics
Substance Abbreviation number
Polyethylene terephthalate PET 1
High density polyethylene HDPE 2
Polyvinyl chloride PVC 3
Low density polyethylene LDPE 4
Polypropylene PP 5
Polystyrene PS 6
2. Numbers and abbreviations for paper and cardboard
Substance Abbreviation number
Corrugated cardboard PAP 20
Other cardboard PAP 21
Paper PAP 22
3. Numbers and abbreviations for metals
Substance Abbreviation number
Steel FE 40
Aluminium ALU 4142
4. Numbers and abbreviations for wood materials
Substance Abbreviation number
Wood FOR 50
Cork FOR 5152
5. Numbers and abbreviations for textiles
Substance Abbreviation number
Cotton TEX 60
Jute TEX 6162
6. Numbers and abbreviations for glass
Substance Abbreviation number
Colourless glass GL 70
Green glass GL 71
Brown glass GL 7273
7. Numbers and abbreviations for composites
Substance Abbreviation *) Number
Paper and cardboard / various metals
Paper and cardboard / plastic 81
Paper and cardboard / Aluminium
Paper and cardboard / tinplate 83
Paper and cardboard / plastic / aluminium 84
Paper and cardboard / plastic / Aluminium / tinplate 85
Plastic / aluminium 90
Plastic / tinplate 91
Plastic / various metals 92
Glass / plastic 95
Glass / aluminium 96
Glass / tinplate 97
Glass / various metals 98
*) For composites C plus abbreviation of main component (C /).
1) Only use uppercase letters.
Annex V (to § 3 para. 1 no. 1)
Source of the original text: BGBl. I 2006, 4
1. Criteria for the definition of "packaging" pursuant to Article 3 (1) (1)
(a) items shall be deemed to be packaging if they comply with the definition referred to in Article 3 (1) (1), without prejudice to other functions which the packaging may also meet, unless the subject matter is an integral part of a product used for enclosing, Support or preservation of this product during its entire service life, and all components are intended for joint use, joint use or joint disposal.
(b) objects designed and intended to be filled at the point of sale; "Disposable articles", which are sold or are intended and intended for use in the filled state Are to be considered as packaging, provided they fulfil a packing function.
(c) Packaging components and accessories integrated in a packaging shall be considered as part of the packaging in which they are integrated. Auxiliary elements which are directly attached to a product and which have a packaging function shall be regarded as packaging, unless they are an integral part of the product and all components are intended for joint consumption or disposal.
2. Examples of the above criteria
Examples of criterion letter a
Items which are considered packaging:
- Boxes for sweets
- Clear film around CD sleeves
- Shipping boxes containing catalogues and magazines
- Baking jars for smaller baking machines, sold with the baking machine
- Rolls, tubes and cylinders to which the flexible material is wound (e.g.. plastic film, aluminium, paper), excluding rolls, tubes and cylinders, which are parts of a production facility and are not used for the presentation of a product as a sales unit
- Flower pots intended only for the sale and transport of plants and in which the plant shall not remain during their lifetime
- Glass bottles for injection solutions
- CD spindles, which are sold with CDs and are not to be used for storage
- Clothes hangers sold with a garment
- Sterile barrier systems (bags, trays and materials required to maintain the sterility of the product)
- beverage system capsules (e.g. for coffee, cocoa, milk), which are empty after use
- refillable steel bottles for various types of gases, except fire extinguishers
Items which are not considered packaging:
- Flower pots in which the plant remains during its lifetime
- Wax layers around cheese
- sausage skins
- Clothes hanger sold separately
- beverage system capsules, coffee-film bags and coffee pads made of filter paper which, together with the used coffee product
- CD, DVD and video covers sold together with a CD, DVD or video
- CD spindles which are sold empty and are to be used for storage
- Bag made of water-soluble film for dishwashing detergents
- Grave light cups (container for candles)
- mechanical grinder, which is integrated in a refillable container (e.g. in a refillable peppermill)
Examples of criterion letter b
Items considered to be packaging when designed and intended to be filled at the point of sale:
- Trays made of paper or plastic
- One-way plates and cups
- Fresh food foil
- Breakfast bag
- Aluminium foil
- plastic film for cleaned clothes in laundries
Items which are not considered packaging:
- disposable cutlery
- Packing and wrapping paper sold separately
- Paper baking moulds for larger bakery products which are sold empty
- Small baking jars for small baked goods
Examples of criterion letter c
Items which are considered packaging:
- labels that are attached or attached directly to the product
Items considered as part of the packaging:
- Eyelash brush as part of the pack closure
- Stickers attached to another packaging object
- Staple clamps
- Plastic wrapping
- Dosing aid as part of the packing closure of detergents
- mechanical grinder integrated in a non-refillable container (e.g. in a pepper-filled peppermill)
Items which are not considered packaging:
- RFID tags for radio frequency identification
Annex VI (to Section 10 (5))
(Source of the original text: BGBl. I 2008, 539)
1. Technical requirements for the deposit
The deposit of the data pursuant to § 10 (5) and (6) by the Chambers of Industry and Commerce, or by the body established pursuant to § 32 (2) of the Environmental Audit Act, is carried out electronically only in an Internet-based database, The examination certificate according to § 10 (1) is to be provided with a qualified electronic signature in accordance with § 2 of the German Signature Act.
2. Data of obligated companies
The companies which provide a declaration of completeness pursuant to section 10 (5) sentence 1 shall be required to do so the following data: a) Company or full company name, (b) the address and the company's communications data (telephone, fax and e-mail); c) Name and communication data of a responsible person, (d) the value added tax identification number (if such is not the case, VAT identification number). The system operators who, pursuant to Section 10 (6), first sentence, provide information on their participation in their systems shall be obliged, upon receipt of their first exemption in a country pursuant to § 6 para. 3 to register without delay with the competent authority pursuant to Article 10 (5), sixth sentence, and the information referred to in point 2 Letters a to c.
3. Design and completeness
The information referred to in point 2 must be placed in the database set up by the chambers of commerce and industry by the undertakings obliged to do so. The document generated after entry from the database must be confirmed by a person authorized according to § 10 (1).