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06. August 2024

The Single-Use Plastics Fund Act – 
Obligations for Manufacturers and Distributors
 

An Overview for Businesses

The Single-Use Plastics Fund Act in Germany- obligations for manufacturers and distributors

Introduction

The aim of the Single-Use Plastics Fund Act EWKFondsG is to reduce the environmental impact of single-use plastics and to hold companies accountable. This article provides a comprehensive overview of the law, the obligation for companies to register and the new DIVID portal.
 

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Background of the Single-Use Plastics Fund Act

The Single-Use Plastics Fund Act was initiated to minimize the negative environmental impacts of single-use plastic products. It aims to hold manufacturers accountable and involve them in financing environmental measures. According to the Federal Environment Agency, the law is intended to cover the costs of cleaning up environmental pollution and promoting environmentally friendly alternatives..

Details of the Single-Use Plastics Fund Act

The Single-Use Plastics Fund Act stipulates that companies that place single-use plastic products on the market are required to register and contribute to a fund. These contributions are used to cover the costs of disposal and cleanup of single-use plastics.

  • Registration Requirement:
    All companies that place single-use plastic products on the market must register. 
    This registration is done through the DIVID-Portal.
     
  • Contribution Obligation:
    The amount of contributions is based on the quantity of single-use plastic products placed on the market. The goal is to involve manufacturers financially in the costs of environmental pollution.

Affected Single-Use Plastic Products

The law affects a variety of single-use plastic products. Here is a list of the affected products:

  1. Food Containers: Containers such as boxes with or without lids for food that a) are intended to be consumed immediately, either on-site or as takeaway meals, b) are usually consumed directly from the container, and c) can be consumed without further preparation such as cooking, boiling, or heating. Beverage containers, beverage cups, plates, bags, and film packaging such as wrappers with food content are not considered food containers in this sense.
     
  2. Bags and Film Packaging: Bags and film packaging made of flexible material, such as wrappers with food content that a) is intended to be consumed directly from the bag or film packaging, and b) does not require further preparation;
     
  3. Beverage Containers: Containers with a volume of up to 3.0 liters, such as deposit and non-deposit beverage bottles and composite beverage packaging, including their closures and lids; beverage containers made of glass or metal with plastic closures or lids are not considered beverage containers in this sense;
     
  4. Beverage Cups: Including their closures and lids;
     
  5. Lightweight Plastic Carrier Bags: Plastic carrier bags with a wall thickness of less than 50 micrometers, with or without handles, offered to consumers at the point of sale of goods or products;
     
  6. Wet Wipes: Pre-moistened wipes for body and household care;
     
  7. Balloons: Excluding balloons for industrial or commercial purposes and applications not supplied to consumers;
     
  8. Tobacco Products with Filters: And filters intended for use in combination with tobacco products.

Fireworks within the meaning of Section 3 Paragraph 1 Number 4 of the Explosives Act are included in the list of single-use plastic products (Appendix 1 EWKFondsG) from January 1, 2026. 

Garbage bags and breakfast or cling film bags are not considered "carrier bags" within the meaning of Number 5 of Appendix 1 to the EWKFondsG and are not covered by the EWKFondsG.

Registration Obligation in the DIVID Portal

Companies that place single-use plastic products on the market are legally required to register in the new DIVID portal. The DIVID portal is a central point for the registration and management of contributions to the Single-Use Plastics Fund.

  • DIVID-Portal: The DIVID portal is used for the registration and management of manufacturers of single-use plastic products. Companies must enter and regularly update their data here. The portal provides a transparent overview of the contributions due and allows for easy payment processing.

    DIVID-Portal
     
  • Comparison with the LUCID Portal: Similar to the already established LUCID portal for packaging, the DIVID portal offers a user-friendly platform to fulfill legal registration requirements. Both portals aim to strengthen producer responsibility and increase transparency. While the LUCID portal focuses on packaging, the DIVID portal covers single-use plastics.

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