Act on the further development of the separate collection of reusable household waste
Article 1 of the draft Act contains the Act on the placement on the market, return and environmentally sound disposal of packaging waste (Packaging Act – VerpackG). Article 2 regulates the necessary consequential amendments. Article 3 contains provisions on the entry into force and abrogation of provisions. Article 1 of the draft Act serves to transpose Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 of 31.12.1994, p. 10), as last amended by Directive 2015/720/EU of the European Parliament and the Council of 29 April 2015 (OJ L 115 of 6.5.2015, p. 11).
The planned Packaging Act will replace the existing Packaging Ordinance. The main parts of the previous regulation will be further developed to ensure high environmental standards in the collection and recovery of packaging waste and effective competition, as well as legally compliant behaviour on the part of all affected market participants in the long-term.
To achieve this, the requirements for recovery have been significantly raised. Similarly, operators of household packaging collection systems are required to focus their participation fees more on the recyclability of packaging and on the proportion of recyclates and renewable raw materials.
The draft Act also contains concrete measures on the promotion of reusable packaging and on waste prevention, for example through clear indications of reusable and single-use packaging at the point of sale.
Furthermore, establishing a central body should improve monitoring of product managers’ market behaviour and of the household collection system in the future, and ensure that any misconduct is more effectively pursued and prosecuted. Binding the tendering of collection services to public procurement law should also ensure a transparent bidding process that gives all interested bidders the same opportunities and effective legal protection