The time for preparation has passed; the era of enforcement is here. Germany’s Single-Use Plastics Fund Act (EWKFondsG) officially took effect in May 2023, with key obligations for producers starting January 1, 2024. This means all single-use plastic products you placed on the market from the start of 2024 are subject to a new levy. The first payments, based on this year’s data, will be due in the spring of 2025. Ignoring these obligations is no longer an option and carries severe consequences. Every day of non-compliance increases your company’s risk of fines and sales prohibitions. For a complete overview of your obligations, explore this complete guide to German EPR laws . You must take action now to comply with the EU single-use plastic directive in Germany. This new reality requires a proactive compliance strategy.

The EWKFondsG defines a “producer” as the first entity to make a single-use plastic product available on the German market. This includes manufacturers, importers, and intra-EU acquirers, as well as online retailers conducting distance sales directly to German end-users. If your company is not established in Germany, you were required to appoint a German-based authorized representative by January 1, 2024, to handle your legal obligations. The law covers many products, including specific types of food containers, beverage cups, wet wipes, and tobacco products with filters. For example, the levy for a kilogram of beverage cups is set at €24.50, a significant operational cost. Even if you only sell a small quantity, the registration and reporting duties still apply. Understanding your specific role is the first step toward building a compliant business operation in Germany, as detailed in the Single-Use Plastics Fund Act guide. The next step is to execute the specific compliance tasks required by the Federal Environment Agency.

Compliance with the EWKFondsG rests on three critical actions. You must complete each one to legally sell your products. The first is registering your company and products on the DIVID platform, which is managed by the German Environment Agency (UBA).

Here are the core obligations:

• Registration: Before placing any products on the market, you must register as a producer on the UBA’s DIVID platform. Without registration, you face an immediate market ban.
• Annual Reporting: By May 15th of each year, you must submit a detailed report of the mass and type of single-use plastic products you placed on the market during the previous calendar year. The 2024 report is due by May 15, 2025.
• Levy Payment: Based on your annual report, the UBA will calculate the levy your company owes. The rates are specified in the Single-Use Plastics Fund Ordinance (EWKFondsV) and vary dramatically, from €0.06 per kg for some items to over €8,900 per kg for others.
• Appoint a Representative: Foreign companies must have an authorized representative in Germany to manage these duties.

The accuracy of your 2024 data is essential, as it forms the basis for your first payment in 2025. These administrative tasks are complex and unforgiving of errors, making professional guidance a critical asset.

Failing to comply with the single-use plastic directive in Germany exposes your business to severe and costly penalties. The law empowers authorities to impose fines of up to €100,000 for violations such as failing to register, incorrect reporting, or non-payment of the levy. In addition to financial penalties, authorities have the power to seize all non-compliant goods currently on the market, leading to a total loss of product. This enforcement extends to electronic interfaces and online marketplaces, which can be held liable for enabling non-compliant sales. The risk is not just financial; it is a direct threat to your market access and brand reputation in the EU’s largest economy. You can learn more about how to comply with the German Packaging Act, another key regulation. These risks underscore the need for a robust and immediate compliance solution.

The EWKFondsG and its levy are just one part of Germany’s strategy to implement the EU’s SUPD. Several other rules have been active for years, impacting product design and availability. Since July 3, 2021, there has been a market ban on certain single-use plastic items for which alternatives exist, including plastic cutlery, plates, straws, and expanded polystyrene containers. Another major change takes effect on July 3, 2024. From this date, single-use plastic beverage containers up to 3 liters may only be sold if their caps and lids remain attached to the container during use. This “tethered cap” requirement necessitates significant product redesign for many beverage producers. These rules exist alongside the plastic tax and other EPR schemes. These overlapping regulations create a complex compliance environment that requires expert navigation.

Navigating the complexities of the EWKFondsG and the broader SUPD framework presents a significant challenge. Deutsche Recycling offers a comprehensive service to ensure you can ensure sustainable product distribution and achieve 100% legal conformity. We handle the entire process on your behalf, from appointing an authorized representative to managing your registration on the DIVID platform and submitting your annual reports accurately and on time. Our service eliminates the administrative burden and the risk of costly errors. Don’t wait for a penalty notice to take action. The requirements are in effect now, and every day of delay puts your German operations at risk. Contact Deutsche Recycling today to secure your compliance with the single-use plastic directive in Germany and focus on your core business. The final step is to take decisive action.