EWKFondsG: Single-Use Plastics Fund Act & Manufacturer Obligations
The Single-Use Plastics Fund Act (EWKFondsG) is a key element in reducing the environmental impact of single-use plastics. It regulates extended producer responsibility and obliges companies to contribute to the disposal costs incurred by the public sector.
As your compliance partner, ECOPV-EU GmbH supports you in ensuring legally compliant implementation.
What falls under the EWKFondsG?
The term “single-use plastic” refers to products that are made entirely or partially from plastic and are not designed for multiple use. These include:
- Takeaway food containers & beverage cups
- Bags and plastic film packaging
- Beverage containers up to 3 liters
- Lightweight plastic carrier bags
- Wet wipes, balloons, and tobacco filters
Who is responsible according to the law?
The obligations apply to manufacturers, importers, and distance sellers who make these products available on the German market for the first time. Companies that import single-use plastics into Germany must also ensure that they correctly fulfill their reporting and levy obligations.
Your legal obligations: Registration & reporting
Companies must document their material flows in full and manage them via the central portal of the Federal Environment Agency (UBA):
- Registration: Mandatory registration of all affected manufacturers on the DIVID portal.
- Reporting obligation: Annual submission of quantity reports (in kilograms) for products placed on the market.
- Payment obligation: Payment of the single-use plastic levy into the fund, based on the reported quantities.
Risks associated with violations of the EWKFondsG
Failure to register or providing incorrect quantity information will result in severe penalties:
- Fines: Administrative penalties of up to €100,000.
- Sales bans: Prohibition on placing the affected products on the market.
- Reputational damage: Legal consequences imposed by the Federal Environment Agency.
Our service
ECOPV-EU GmbH supports you in complying with legal requirements, and attaches particular importance to our environment. Correct and transparent implementation is the measure of all things. So why not do something good for our environment?
Specific Requirements for Manufacturers according to EWKFondsG
Authorized Representatives
Manufacturers/Producers located outside Germany must appoint an authorized representative based in Germany to fulfill certain producer obligations under the EWKFondsG.
Registrations
Similar to packaging, there is a registration requirement for Single-Use-Plastics, which is processed through DIVID, the German Environment Agency's Single-Use Plastics Fund platform.
Quantity reports
Manufacturers/Producers must regularly report the quantities they place on the market. This helps to keep track of the quantity of products in circulation.
The German act on the Disposable Plastics Fund (Disposable Plastics Fund Act)
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FAQs
What is SUP?
Single-use plastics refer to plastic products designed to be used only once or for a short period before being discarded, typically including plastic bags, cutlery (such as forks, knives, and straws), food packaging, beverage cups, and plastic bottles.
The intention of the Single-Use Plastics Directive is to reduce the impact of certain plastic products on the environment.
Who does the Single-Use Plastics Fund Act apply to?
The law applies to companies established in Germany that commercially supply or sell these products for the first time on the German market. Foreign-based companies that sell these single-use plastic products via distance selling to Germany are also subject to the law.
What are sigle-use plastic products?
According to Section 3 subparagraph 1 EWKFondsG, A single-use plastic product refers to a product made wholly or partly of plastic that is not designed to be reused or refilled during its lifecycle (e.g., by returning to the producer for refilling or repurposing for its original function).
Which products fall under the Single-Use Plastics Fund Act?
According to Annex 1 of the EWKFondsG, since January 1, 2024, eight categories of single-use plastic products (e.g. food containers, beverage cups, wet wipes and so on) are subject to the Act. Fireworks will also be added to the list effective January 1, 2026.
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