Here you can receive answers on frequently asked questions on the legal principles concerning the recovery and disposal of plastic packaging:
Can companies which supply and/or sell small packaging to the commercial/industrial sectors also dispose of their packaging via RIGK?
This is in principle possible, as the size is not decisive, but rather whether the packaged products are determined for commercial/industrial use and that they are not usually accumulated in private households or comparative accumulation points.
The current legal situation is determined acc. § 3 sub-section 11 in connection with § 7 VerpackVO. According to this, packaging does not have to be disposed of via dual systems if it is not accumulated by private final consumers acc. § 7 VerpackVO. The size of the packaging is not decisive. This very clear regulation is however unfortunately made complicated through the current, rather poor formulation in § 3 sub-section 11. In § 3 sub-section 11 VerpackVO, it says that private final consumers are initially private households, which is also in itself a clear and unambiguous legal definition. However, so-called comparable waste points have been placed on a par with these private households, which, although commercially active, are also classified as private households, such as restaurants, hotels, canteens, administration buildings, barracks, hospitals, educational institutions, charitable institutions, freelancers and typical accumulation points in the cultural sector such as cinemas, opera houses and museums as well as the holiday resorts, fun parks, sports stadiums and service stations in the leisure sector.
This unclear regulation has been clarified through the new regulation in § 3 sub-section 11 VerpackG, which is to come into force from 01.01.2019. This now states: “Private final consumers are private households and those accumulation points typically producing comparable packaging waste”- In this way, a clear regulation is thus laid down that products sold by producers / distributors to business users can be disposed of commercially outside the dual systems.
Because, in the official reasoning on the new VerpackG, it is stated that the new regulations are merely an editorial clarification of the old regulations, we can assume in accordance with the legislator’s intent that § 3 sub-section 11 old VerpackVO is to be defined in just the same way as the new regulations, meaning that products for business use which are not usually to be found in a private household can also be disposed of today via § 7 and thus RIGK.
The only question remaining is how to dispose of dual-use packaging, i.e. that which is not larger than 1000 ml in size and contents, such as wash pastes in tins or tubes, and which may also accumulate in private households or comparable waste points (see list above). Here rates still have to be determined and enforced, which amongst other things are determined by the distribution channels. If, for example, a producer supplies products to commercial wholesale markets such as Fegro, Metra and similar, which then typically accumulate in comparable accumulation points, then the disposal via dual systems should in part be licenced. The other quantities which are delivered directly to the industry and large commercial enterprises are then licensed and taken back via RIGK.
Do companies which only distribute packaging acc. § 7 (commercial/industrial) or § 8 sub-section 1 p. 3
(commercial hazardous packaging), have to submit a declaration of completeness (VE)
acc. § 10 VerpackVO?
No, this is not necessary. Only if a company also licenses packaging acc. § 6 with a dual system, and the packaging quantities exceed 80 t glass, 50 t paper, cardboard or 30 t tin sheet, aluminium, composites and plastics per year must they submit a VE, which also has to contain the commercial packaging acc. § 7 VerpackVO.
If a VE has to be submitted, this is to be inspected, submitted and filed by an auditor, tax consultant, certified auditor or an independent expert. The filing must always take place by 01.05 of each year in the VE Register.
Which companies have to appoint a Waste Officer?
The following owners in terms of § 27 of the closed loop recycling management law must appoint a Waste Officer:
Producers and distributors taking back more than 100 tonnes of transport packaging per calendar year acc. § 4 sub-section 1 of the Packaging Ordinance from 21st August 1998 (BGBl. (German Civil Code) I p. 2379), which was last changed through Article 1 of the Ordinance from 17th July 2014 (BGBl. I p. 1061), in the respective valid version
Producers and distributors taking back selling packaging acc. § 6 sub-section 2 of the Packaging Ordinance, unless third parties commissioned for the purpose have appointed a Waste Office
Producers and distributors taking back more than 100 tonnes of selling packaging per calendar year acc. § 7 sub-section 1 or sub-section 2 of the Packaging Ordinance
Producers and distributors taking back more than 2 tonnes of selling packaging per calendar year acc. § 8 sub-section 1 der Packaging Ordinance
Producers taking back electrical and electronic used devices from 20th October 2015 (BGBl. I p. 1739), which was last changed through Article 3 of the Ordinance from 20th October 2015 (BGBl. I p. 1739), in the respective valid version, unless the third party commissioned for the purpose has appointed a Waste Officer
Distributors taking back electrical and electronic used devices acc. § 17 sub-section 1 or sub-section 2 of the German Electrical and Electronic Equipment Act,
Producers of vehicle and industrial batteries taking back vehicles and industrial used batteries acc. § 8 of the German Battery Law from 25th June 2009 (BGBl. I p. 1582), which was last changed through Article 1 of the Ordinance from 20th November 2015 (BGBl. I p. 2071) in the respective valid version, unless they are connected with a voluntary system for the recovery of vehicle and industrial used batteries which has its own Waste Officer
Distributors taking back the vehicle and industrial used batteries acc. § 9 of the German Battery Law, unless they are connected with a voluntary system for the recovery of vehicle and industrial used batteries, which has its own Waste Officer
Producers and distributors who voluntarily take back more than 2 tonnes of hazardous waste or more than 100 tonnes of hazardous waste per calendar year.
Which RIGK customers might this concern?
A) Producers and distributors taking back more than 100 t of transport packaging
B) Producers and distributors of packaging acc. § 7 VerpackVO (also the core area of RIGK) taking back more than 100 t of selling packaging per year
C) Producers and distributors of packaging acc. § 8 VerpackVO taking back more than 2 t of selling packaging per year
RIGK is happy to help you as customer to proactively determine whether the quantity thresholds are achieved in your particular case.