德国包装法令
FEDERAL MINISTRY FOR THE ENVIRONMENT, NATURE CONSERVATION ANDNUCLEAR SAFETY
WA II 3 – 30 114-3/1
Ordinance on the Avoidance and Recovery of Packaging Waste
(Packaging Ordinance – Verpackungsverordnung – VerpackV)
of 21 August 19981
The Federal Government, acting pursuant to Art. 6 para. 1 sentence 4, Art. 23 nos. 1, 2 and 6,
Art. 24 para. 1 nos. 2,. 3 and 4 and Art. 2 no. 1 and Art. 57, each in conjunction with Art. 59,
and Art. 7 para. 1 no. 3 and Art. 12 para. 1 of the Closed Substance Cycle and Waste
Management Act (Kreislaufwirtschafts- und Abfallgesetz) of 27 September 1994 (Federal
Law Gazette I p. 2705) and having heard the parties concerned and having regard to the rights
of the Bundestag, hereby decrees as follows:
1 This Ordinance transposes the European Parliament and Council Directive 94/62/EC of 20
December 1994 on packaging waste (OJ EC No.L 365 p.10). The notification duties set out in 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 most recently amended by
the European Parliament and Concil Directive 94/10/EC of 23 March 1994 (OJ EC No.L 100 p.30),
have been complied with.
Section I
Waste Management Objectives
Scope and Definition of Terms
Art. 1
Waste Management Objectives
The purpose of this Ordinance is to avoid or reduce the environmental impacts of waste
arising from packaging. Packaging waste shall in the first instance be avoided; reuse of
packaging, recycling and other forms of recovery shall otherwise take priority over the
disposal of packaging waste. By 30 June 2001, the share of all packaging waste being
recovered shall be 65 percent by weight and the share being recycled shall be 45 percent by
weight. The Federal Government- shall conduct the necessary surveys.
Art. 2
Scope of Application
(1) The Ordinance shall apply to all packaging put into circulation within the area of validity of
the Closed Substance Cycle and Waste Management Act (Kreislaufwirtschafts- und
Abfallgesetz), regardless of whether it arises in industry, trade, administration, business, the
service sector, households or elsewhere, and regardless of the materials of which it consists.
(2) This shall be without prejudice, to any special requirements that may exist with regard to
packaging or the management of packaging waste or the carriage of packaged products or of
packaging waste.
(3) The powers of the Federal, Land and local authorities to require third parties to avoid and
recover waste in the use of their facilities or land and in the special use of public roads shall
not be affected.
Art. 3
Definition of Terms
(1) Within the meaning of this Ordinance the following definitions shall apply:
1. Packaging:
Products manufactured from materials of any nature for the containment, protection, handling,
delivery or presentation of goods, which may range from raw materials to processed products
and are passed on by the manufacturer to the distributor or final consumer.
2. Sales packaging:
Packaging that is made available as a sales unit and arises at the final consumer. Sales
packaging within the meaning of the Ordinance shall also include such packaging provided
by-retailers, restaurants and other service providers as facilitates or supports the transfer of
goods to the final consumer (service packaging) and disposable dishes and disposable cutlery.
3. Secondary packaging:
Packaging that is used as packaging additional to sales packaging and is not necessary for
transfer to the final consumer for reasons of hygiene, durability or the protection of goods
from damage or contamination.
4. Transport packaging:
Packaging that facilitates the transport of goods, protects the goods from damage during
transport or is used in the interests of transport safety and arises at the distributor.
(2) Drinks packaging within the meaning of this Ordinance shall be closed or mainly closed
packaging for liquid foodstuffs within the meaning of Art. 1 para. 1 of the Foodstuffs and
Commodities Act (Lebensmittel- und Bedarfsgegenständegesetz) intended for consumption as
drinks, with the exception of yoghurt and kefir
(3) Reusable packaging within the meaning of this Ordinance shall be packaging that is intended
to be reused several times for the same purpose.
(4) Composite packaging within the meaning, of this Ordinance shall be packaging made of
different materials which cannot be separated manually and none of which exceeds a share of
95 percent by weight.
(5) Long-life packaging within the meaning of this Ordinance shall be packaging that serves the
purpose of long-term use of a product which on a statistical average has a lifetime of at least
five years.
(6) Pollutant-containing products within the meaning of this Ordinance shall be
1. substances and preparations which if sold in the retail trade would be subject to the ban on
self-service pursuant to Art. 4 of the Chemicals Prohibition Ordinance
(Chemikalienverbotsverordnung);
2. plant protectives within the meaning of Art. 2 no. 9 of the Plant Protectives Act
(Pflanzenschutzgesetz) which are labelled
a) as very toxic, toxic, corrosive, oxidising, highly flammable under Annex I no. 2 of the
Hazardous Substances Ordinance (Gefahrstoffverordnung) or
b) as harmful to health under Annex I no. 2 and labelled with R-phrase R 40, R 62 or R 63,
pursuant to Annex I no. 3 of the Hazardous Substances Ordinance (Gefahrstoffverordnung),
3. preparations of diphenylmethane-4,4''-diisocyanate (MDI), insofar as such preparations are to
be labelled as harmful to health (Xn) pursuant to Annex I no. 2 and with R-phrase R 42
pursuant to Annex I no. 3 of the Hazardous Substances Ordinance (Gefahrstoffverordnung)
and are put into circulation in pressurised gas packaging.
(7) Manufacturer within the meaning of this ordinance shall mean anyone who manufactures
packaging, packaging materials or products from which packaging can be directly
manufactured, and anyone who imports packaging into the area, of validity of this Ordinance.
(8) Distributor within the meaning of this Ordinance shall mean anyone who puts into circulation
packaging, packaging materials or products from which packaging can be directly
manufactured, or goods in packaging, at whatever level of trade. Distributor within the
meaning of this Ordinance shall also include the mail-order trade.
(9) The catchment area of the manufacturer or distributor shall be taken to be that territory of the
Federal Land in which the goods in packaging are put into circulation.
(10) Final consumer within the meaning of this Ordinance shall mean anyone who does not further
result the goods in the form delivered to him. Private final consumers within the meaning of
this Ordinance shall mean households and comparable places where packaging arises,
especially restaurants, hotels, canteens, administrations, barracks, hospitals, educational
establishments, charitable institutions and members of the liberal professions, and farms and
craft trade businesses with the exception of printing works and of other paper processing
operations, from which the removal of waste can take place via standard household collection
containers for paper, cardboard and light packaging by means of not more than one 1100-litre
emptiable container per substance group at the usual household collection intervals.
(11) Emptied packaging within the meaning of this Ordinance shall mean packaging of which the
contents have been exhausted in the designated manner.
Section II
Obligation to Accept Returned Packaging, Charge Deposits and Recover Packaging
Art. 4
Obligation to Accept Returned Transport Packaging
(1) Manufacturers and distributors shall be obliged to accept returned transport packaging after
use. In the context of repeated deliveries, such acceptance may take place at one of the next
deliveries.
(2) The returned transport packaging shall be reused or recycled insofar, as is technically possible
and economically reasonable (Art. 5 para. 4 of the Closed Substance Cycle and Waste
Management Act), and especially where a market for a recovered substance exists or can be
created. In the case of transport packaging manufactured directly from renewable raw
materials, energy recovery shall be deemed equivalent to recycling.
Art. 5
Obligation to Accept Returned Secondary Packaging
(1) Distributors providing goods in secondary packaging shall be obliged to remove such
secondary packaging upon delivery of the goods to the final consumer or to give the final
consumer the opportunity to remove and return the secondary packaging free of charge at the
point of sale or on the premises of the point of sale. This shall not apply if the final consumer
desires the goods to be handed over in the secondary packaging; in this case the provisions
concerning acceptance of returned sales packaging shall apply accordingly.
(2) If the distributor does not remove the secondary packaging himself, he shall be obliged to
indicate, by means of clearly recognisable and legible signs at the cash desk, that the final
consumer has the opportunity, either at the point of sale or on the premises of the point of
sale, to remove the secondary packaging from the acquired goods and to leave it there.
(3) The distributor shall be obliged to provide at the point of sale or on the premises of the point
of sale suitable collection containers to accommodate the secondary packaging which are
clearly visible and easily accessible to the final consumer. Individual material groups shall be
collected separately , insofar as this is possible without labelling. The distributor shall be
obliged to consign secondary packaging to reuse or recycling. Art. 4 para. 2 shall apply with
the necessary modifications.
Art. 6
Obligation to Accept Returned Sales Packaging
(1) The distributor shall be obliged to accept free of charge used and emptied sales packaging
returned by the final consumer at or in the immediate vicinity of the place of actual transfer, to
consign it to recovery in accordance with the requirements set out in No. 1 of Annex I and to
meet the requirements of No. 2 of Annex I. The recovery requirements may also be met by
reuse or transfer to distributors or manufacturers pursuant to paragraph 2. The distributor shall
be obliged to draw attention to the return facility mentioned in sentence 1 by means of clearly
recognisable and legible notices. The obligation under sentence 1 shall be limited to
packaging of such type, form and size and to packaging of such goods as the distributor
supplies in his own product range. In the case of distributors with sales areas of less than 200
m, the obligation to accept returned sales packaging shall be limited to the packaging of
brands put into circulation by the distributor. In the mail-order trade, acceptance of returned
packaging shall be ensured by means of suitable return facilities within reasonable distance of
the final consumer. Attention shall be drawn to the return facility in the consignment of goods
and in the catalogues. Where sales packaging arises other than at private final consumers,
different arrangements may be agreed regarding the place of return and the allocation of costs.
If distributors do not meet the obligations pursuant to sentence 1 by accepting returned
packaging at the point of sale, they shall ensure compliance by means of a system pursuant to
paragraph 3. Distributors who are unable to take part in a system pursuant to para. 3 shall
notwithstanding sentence 1 be subject to the recovery requirements of Art. 4 para. 2 with the
necessary modifications.
(2) Manufacturers and distributors shall be obliged to accept free of charge packaging returned by
distributors pursuant to para. 1 at or in the immediate vicinity of the place of actual transfer, to
consign it to recovery in accordance with the requirements set out in No. 1 of Annex I and to
meet the requirements of No. 2 of Annex I. The recovery requirements may also be met by
means of reuse. The obligation under sentence 1 shall be limited to packaging of such type,
form and size and to packaging of such goods as are put into circulation by the individual
manufacturers and distributors. Para. 1 sentences 8 to 10 shall apply with the necessary
modifications.
(3) The obligations pursuant to paras. 1 and 2 s hall not apply to packaging in respect of which
the manufacturer or distributor takes part in a system which guarantees regular collection of
used sales packaging from the final consumer or, to an adequate extent, in the vicinity of the
final consumer throughout the catchment area of distributors subject to para. 1 and which
meets the requirements specified in Annex 1 to this Ordinance. A system (system operator,
applicant) pursuant to sentence 1 shall consign the packaging entering such system to recovery
in accordance with the requirements of No. 1 of Annex I and shall meet the requirements
pursuant to Nos. 3 and 4 of Annex 1. Evidence of participation in a system pursuant to
sentence 1 shall be furnished to the competent authority on demand. The system pursuant to
sentence 1 shall be coordinated with existing collection and recovery systems run by the
public authorities responsible for waste Management in whose area it is set up. Such
coordination shall take place in writing between the system operator and the public waste
management authority. Such coordination shall be a prerequisite for the pronouncement
pursuant to sentence 11. Special attention shall be paid to the interests of the public waste
Management authorities. The public waste Management authorities may demand the takeover
or joint use, for a suitable fee, of facilities required for collecting and sorting materials of the
type referred to in the Annex to this Ordinance. Such coordination shall not conflict with the
awarding of contracts for waste management services on a competitive basis (Annex I No. 3
para. 3 no. 2). The system operator shall be obliged to bear a share of the costs incurred by the
public waste Management authorities as a result of giving waste Management advice for his
system and as a result of the creation, provision, maintenance and cleaning of areas for the
siting of large collection Containers. The highest Land authority responsible for waste
Management or the authority designated by it shall on application by the system operator
pronounce that a system pursuant to sentence 1 has been set up on a full-coverage basis. Such
pronouncement may subsequently be made the subject of supplementary provisions that are
necessary to ensure that the conditions applying at the time the pronouncement was made are
maintained on a long-term basis during the operation of the system. It shall be publicly
announced and shall take effect upon such public announcement.
(4) The competent authority may revoke its decision pursuant to para. 3 sentence 11 if and as
soon as it ascertains that the requirements specified in para. 3 sentence 1 are not being met. It
shall likewise announce the revocation publicly. The revocation shall be limited to packaging
made of certain materials if it is only for such packaging that the recovery quotas specified in
Annex I to this Ordinance are not being met. Paras. 1 and 2 shall apply on the first day of the
sixth calendar month following the public announcement of the revocation. The competent
authority may furthermore revoke its decision pursuant to para. 3 sentence 11 if and as soon as
it ascertains that the operation of the system has been discontinued. In this case paras. 1 and 2
shall apply two months after the announcement of the revocation.
(5) This provision shall apply to distributors of service packaging that is dispensed in artisanal
food shops, with the proviso that No. 2 para. 1 of Annex I shall not apply. The provision shall
not apply to sales packaging of pollutant-containing products. This shall be without prejudice
to No. 4 para. 1 of Annex 1.
(6) Manufacturers and distributors of long-life sales packaging shall by 31 December 1998 submit
to the competent authority a sound plan describing the measures they will take to ensure that
the packaging they put into circulation is returned after use to them or to an authorised third
party.
Art. 7
Obligation to Accept Returned Sales Packaging of Pollutant-Containing Products
(1) Manufacturers and distributors of sales packaging of pollutant-containing products shall be
obliged to take by 1 January 2000 suitable measures to ensure that used and e tied packaging
can be returned by the final consumer free of charge within a reasonable distance. They must
draw attention to this return facility by means of clearly recognisable and legible notices at the
point of sale, and in the mail-order trade by means of other suitable measures. Where sales
packaging arises other than at private final consumers, different arrangements may be agreed
regarding the place of return and the allocation of costs.
(2) The returned packaging shall be consigned to reuse or recovery insofar as is technically
possible and economically reasonable.
Art. 8
Obligation to Charge Deposits on Drinks Packaging and on Packaging of Detergents and
Cleaners and of Emulsion Paints
(1) Distributors who put liquid foodstuffs into circulation in drinks packaging which is not
reusable packaging shall be obliged to charge the purchaser a deposit of at least DM 0.50
including turnover tax per drinks pack; a deposit of at least DM 1.00 including turnover tax
shall be charged if the net volume exceeds 1.5 litres. The deposit shall be charged by each
further distributor at all levels of business until delivery to the final consumer. The deposit
shall be refunded on acceptance of the returned packaging in accordance with Art. 6 paras. 1
and 2.
(2) Para. 1 shall with the necessary modifications apply to packaging provided to private final
consumers
1. for detergents and cleaners within the meaning of Art. 2 para. 1 of the Detergents and
Cleaners Act (Wasch- und Reinigungsmittelgesetz),
2. for emulsion paints with a net weight of 2 kg or over. In this case the deposit shall be DM
2.00.
Art. 9
Exemption from the Obligation to Charge Deposits, Protection of Ecologically
Advantageous Drinks Packaging
(1) Art. 8 shall not apply to packaging in respect of which the manufacturer or distributor takes
part in a system pursuant to Art. 6 para. 3. Art. 6 para. 4 shall apply with the necessary
modifications.
(2) If, for the categories beer, mineral water (including spring waters, table waters and remedial
waters), carbonated soft drinks, fruit juices (including fruit nectars, vegetable juices and other
non-carbonated soft drinks) and wine (excluding slightly sparkling wines, sparkling wines,
vermouth and dessert wines), the combined proportion of drinks packaged in reusable
packaging in the area of validity of this Ordinance in a calendar year falls below 72 percent, a
new survey of the relevant reusable shares shall be made for the 12-month period following
the announcement. If this shows that the reusable share in the territory of the Federal Republic
is less than the percentage laid down in sentence 1, the decision pursuant to Art. 6 para. 3 shall
be deemed to be revoked with effect from the first day of the sixth calendar month following
the announcement pursuant to para. 3 in respect of the drinks sectors for which the reusable
share determined in 1991 is not reached. In the case of pasteurised milk, sentences 1 and 2
shall apply with the necessary modifications if in any calendar year the share of reusable
packaging and polyethylene bag packaging within the area of validity of this Ordinance falls
below 20 percent.
(3) The Federal Government shall announce annually in the Federal Bulletin (Bundesanzeiger)
the relevant shares pursuant to para. 2 of drinks packaged in ecologically advantageous drinks
packaging.
(4) If, following a revocation, the share of drinks packaged in ecologically advantageous drinks
packaging once again reaches the relevant percentage pursuant to para. 2, the competent
authority shall on application or ex officio make a new pronouncement pursuant to Art. 6
para. 3.
Art. 10
Limitation of the Obligation to Accept Returned Packaging and to Refund Deposits
Distributors in a catchment area in which Art. 8 applies may refuse to accept returned
packaging and to refund deposits for packaging that originates from catchment areas in which
a pronouncement pursuant to Art. 6 para. 3 sentence 11 -has been made. The may for the
purpose of differentiation issue their packaging with deposit stamps or mark it in some other
way.
Art. 11
Authorisation of Third Parties
Manufacturers and distributors may call upon third parties to fulfil the obligations laid down
in this Ordinance. Acceptance of returned packaging and refunding of deposits may also be
performed by machine.
Section III
Manufacture, Putting into Circulation and Labelling of Packaging
Art. 12
General Requirements
Packaging shall be manufactured and distributed such that
1. pack volume and weight are reduced to the minimum commensurate with maintaining the
necessary safety and hygiene of the packaged product and ensuring that it is acceptable to the
consumer;
2. it may be reused or recovered and the environmental impacts arising from the recovery or
disposal of packaging waste are minimised;
3. harmful and hazardous substances and materials occurring in emissions, ash or leachate on
disposal of packaging or packaging components are minimised.
Art. 13
Heavy Metal Concentrations
(1) Packaging or packaging components may only be put into circulation if the cumulative
concentration of lead, cadmium, mercury and hexavalent chromium does not exceed the
following levels:
- 600 ppm after 30 June 1998,
- 250 ppm after 30 June 1999,
- 100 ppm after 30 June 2001.
(2) Para. 1 shall not apply to
1. packaging manufactured entirely from lead crystal glass,
2. packaging in established systems for reuse,
3. packaging for reuse that is made from raw materials, complying with the limits specified in
para. 1
(3) Para. 1 third dash, shall not apply to packaging made from ''miscellaneous glass.
Art. 14
Marketing
To identify the material, packaging may be marked with the numbers and abbreviations laid
down in Annex II. The use of ether numbers and abbreviations to identify the same materials
shall not be permitted.
Section IV
Administrative Offences, Transitional and Concluding Provisions
Art. 15
Administrative Offences
An administrative offence within the meaning of the Closed Substance Cycle and Waste
Management Act (Kreislaufwirtschafts- und Abfallgesetz) shall be deemed to be committed
by any person who deliberately or negligently
1. in contravention of Art. 4 para. 1 sentence 1 or para. 2 sentence 1, including in conjunction
with Art. 6 para. 1 sentence 10, the latter also in conjunction with Art. 6 para. 2 sentence 4,
does not accept returned packaging after use or does not consign it to reuse or recycling,
2. in contravention of Art. 5 para. 1 sentence 1 does not remove secondary packaging and does
not give the final consumer an opportunity to remove or return secondary packaging,
3. in contravention of Art. 5 para. 2 or Art. 6 para. 1 sentence 3 or 7 fails to provide information
or to provide it properly or completely,
4. in contravention of Art. 5 para. 3 sentence 1 fails to provide collection Containers or to
provide them in the prescribed manner,
5. in contravention of Art. 5 para-. 3 sentence 3 does not consign secondary packaging to reuse
or recycling,
6. in contravention of Art. 6 para. 1 sentence 1 or para. 2 sentence 1 fails to accept returned sales
packaging or to consign it to recovery,
7. in contravention of Art. 6 para. 1 sentence 1 or para. 2 sentence 1, in each case in conjunction
with No. 2 para. 1 sentence 5 or 6 of Annex I, No. 2 para. 1 sentence 5 also in conjunction
with No. 2 para. 2 of Annex I, fails to submit a documentation or plan or to do so in time, or
fails to confirm a documentation by means of an inspection report or to do so in time,
8. in contravention of Art. 6 para. 1 sentence 6 or 9, including in conjunction with para. 2
sentence 4, fails to guarantee or ensure acceptance of returned packaging,
9. in contravention of Art. 6 para. 3 sentence 3 fails to furnish evidence or to do so properly,
completely or in time
10. in contravention of Art. 6 para. 3 sentence 2 in conjunction with No. 3 para. 1 or 2 of Annex I
does not ensure collection from the private final consumer by means of suitable collection
systems or does not ensure collection at typical waste occurrence sites in the leisure sector,
11. in contravention of Art. 6 para. 3 sentence 2 in conjunction with No. 3 para. 3 no. 3 of Annex
I does not disclose the cost of collection, sorting and recovery or disposal for the individual
packaging materials,
12. in contravention of Art. 6 para. 3 sentence 2 in conjunction with No. 3 para. 4 of Annex I fails
to furnish evidence or to furnish it time or in the required manner,
13. in contravention of Art. 6 para. 3 sentence 2 in conjunction with No. 4 para. 3 of Annex I fails
to furnish the application authority with the relevant evidence or to do so in time or in the
proper manner,
14. in contravention of Art. 7 para. 1 sentence 1 does not ensure that packaging can be returned,
15. in contravention of Art. 7 para. 1 sentence 2 fails to provide information or to do so properly
or completely,
16. in contravention of Art. 7 para. 2 does not consign returned packaging to reuse or recycling,
17. in contravention of Art. 8 para. 1, also in conjunction with para. 2, fails to charge or return a
deposit,
18. puts packaging or packaging components into circulation in contravention of Art. 13 para. 1 or
19. uses other numbers or abbreviations in contravention of Art. 14 sentence 2.
Art. 16
Transitional Provisions
(1) Until 31 December 1999 Art. 6 shall not apply to packaging of products that require labelling
under the Hazardous Goods Ordinance (Gefahrstoffverordnung) and are not subject to Art. 7.
Sentence 1 shall not apply where the packaging arises at private final consumers. Until 31
December 1999 Art. 4 shall not apply to packaging bearing residues or deposits of pollutantcontaining
products.
(2) Where a pronouncement is applied for in respect of a system solely for plastic packaging
which is manufactured predominantly from biodegradable materials on the basis of renewable
raw materials and of which all the constituents are compostable, the competent authority may
until 30 June 2002 make a pronouncement pursuant to Art. 6 para. 3 sentence 11 regardless of
the full-coverage requirement if the system operator has taken suitable measures to ensure that
the maximum possible proportion of the packaging entering the system is consigned to
composting.
(3) Packaging that was used for goods before the entry into force of this Ordinance may
notwithstanding Art. 13 and 14 be put into circulation. Notwithstanding the provisions of Art.
13 and 14, packaging that was manufactured before the entry into force of this Ordinance may
be put into circulation until 31 December 2000.
Art. 17
Entry into Force
With the exception of Art. 15 nos. 14 to 16, this Ordinance shall enter into force on the day
after its promulgation. Art. 15 nos. 14 to 16 shall enter into force on 1 January 1999. Upon the
entry into force of this Ordinance, the Packaging Ordinance (Verpackungsverordnung) of 12
June 1991 (Federal Law Gazette I p. 1234) shall cease to be effective.
The Bundesrat has given its consent
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