Last time, we covered whether you need to considering registering for Single-Use Plastics (SUP) in Germany to comply with the latest regulations.

Today, let’s cover some frequently asked questions that many of our clients have.

• What is the difference between Packaging EPR and SUP?

The concept is similar – businesses trading with regulated materials should register as an SUP producer, report their trading volume on an annual basis, and pay a proportional contribution fee based on their trading volume. 

The difference between Packaging and SUP is which materials are regulated – the existing Packaging EPR category does not cover the actual product – rather, it covers whatever packaging is used to protect and/or ship the product. 

SUP on the other hand is primarily concerned with the actual product itself – whether the product in itself contains single-use plastic that is designed to be disposed after one use. 

• What is the Single-Use Plastic Funds Act (EWKFondsG)?

The Single-Use Plastics Fund Act (otherwise known as EWKFondsG in Germany) is the underlying legislation which creates additional responsibilities for producers selling or trading in single-use plastics.

The Act regulates how single-use plastics are defined, when and how producers should register, and how they should declare their usage.

• When did the Single-Use Plastics Fund Act come into effect?

The Single-Use Plastics Funds Act came into effect on the 1^st January 2024.  The deadline for complying with the provisions is the 31^st December 2024. 

The first reporting period covered will apply retroactively – it will be for the calendar year of 2024.

If you are already selling single-use plastics before this date, we highly recommended that you apply before the end of the year to ensure that you have correctly reported your 2024 sales.  If you only apply in 2025, your sales may be temporarily suspended until you receive your SUP registration number. 

• How can I comply with the latest EPR/SUP regulations?

The existing EPR categories currently enforced in Germany are:

• Packaging

• Batteries

• WEEE

You can consult our information pages for more information or contact one of our experts for assistance. 

We have offered a handy guide to SUP compliance in our previous article here – check out how to apply our two-step test, and which product categories are covered.

 The German environmental agency responsible for managing the SUP regulations also offers an extensive guide to help you determine which products are covered. 

• What impact will the new SUP scheme have on small businesses?

The Act came into effect on the 1^st January 2024, however the deadline for compliance is the 31^st December 2024. 

However, if you have already trading before the deadline, we highly recommend obtaining an SUP registration first.  This is because if you only register for SUP at the start of 2025, your sales may be suspended until the registration is confirmed.  The registration process can take some time – sometimes several months.  

We also recommend that businesses trading in large volumes of single-use plastics set aside additional funding in order to pay the relevant contribution fees. 

Reporting and payment will be completed on an annual basis at the end of each calendar year. 

• Is there government support to help with compliance costs?

In order to minimise any potential costs, it is recommended to seek alternative product offerings which contain natural/recycled materials, or those that are designed for re-use. 

• Are single-use plastics banned in Germany?

Certain types of single-use plastics are already banned in Germany in line with existing EU regulations.  These include:

• Plastic cotton buds, cutlery and straws

• Polystyrene cups, food and beverage containers

The Act is designed to further disincentivise businesses from introducing other single-use plastics into the German market.   This means that the cost of trading in single-use plastics will undoubtedly increase. 

• Is SUP registration a one-off payment?

We offer both registration and reporting services for SUP. 

For new registrations, we offer a bundle package for both registration and one calendar year of reporting.

In order to keep a registration active, reporting must be completed on an annual basis – this will come at an additional annual cost after the initial year of registration.

• How is the levy on single-use plastics calculated?

Each SUP category will have a separate levy, and the final annual levy is calculated based on the combination of all your SUP sales for the calendar year.

The annual levy amounts for each category are subject to change – please contact our team for more information.

• What are the penalties for non-compliance with the Single-Use Plastics Fund Act/EWKFondsG?

Different penalties will apply depending on the type of non-compliance.

Failure to submit the annual report, or failure to submit the annual report accurately is an administrative offence liable for a fine of up to EUR 10,000. 

It is also important to note that in order to reduce the likelihood of non-compliance, major online marketplaces such as Amazon will be required to check your product listings, and verify that you have a valid SUP registration where applicable. 

In the case that SUPs are fraudulently sold online even after failing verification, there is an administrative penalty of up to EUR 100,000.  Products may also be seized by the local authority if stored in Germany.