You may be aware that Germany recently implemented the Single Use Plastics Fund Act (EWKFondsG), which will create new responsibilities for businesses starting from the 1^st January 2025. 

The new regulations will cover all businesses with trading activity in Germany that involves single-use plastics. 

However, have you considered whether you actually need to register?

The definition of a single-use plastic (SUP) under the new regulations is in fact very specific to certain types of products only, and some of your products may already be covered by existing Extended Producer Responsibility (EPR) categories such as Packaging. 

When deciding whether you need to register to stay compliant, it’s important to consider two crucial questions:

1.Who is covered by the Single Use Plastics Fund Act?

Eligibility for SUP registration is similar to the current EPR categories covering Packaging, Batteries and WEEE.

The Single-Use Plastics Fund Act specifies that all ‘producers’ with trading activity in Germany are eligible to apply if they are selling single-use plastics.  Currently, the definition includes:  

• Manufacturers (including those based in Germany)
• Retailers (selling to customers in Germany)
• Resellers (selling to customers in Germany)

This means that the vast majority of e-commerce sellers with trading activity in Germany will be eligible to register for SUP – they will be considered either as retailers or resellers, even if they do not operate a physical entity or have a registered business in Germany.

2.What counts as a single use plastic?

You can apply a simple two-step test:

• Check if your products are made entirely or partially out of plastic
• Check if your products are designed to be used once, or multiple times

If your products are made entirely or partially out of plastic, and is only designed to be used once, it is likely to be considered a single-use plastic under the Single-Use Plastics Fund Act.  You should then check whether it falls under one of the product categories (outlined below). 

Items that are made of plastic but are designed for re-use or refill will usually not be considered as single-use plastics.

You can find more information from the German Environment Agency (DIVID) here.  DIVID is responsible for regulating sellers in Germany and enforcing the Single-Use Plastics Fund Act.

If you are not sure whether your product is categorised as an SUP, you can also access detailed guidance here.

Some common examples for Single use palstics…

At the moment, only the following categories of products are classed as single use plastics:

• Food containers
• Bags and film packaging containing food
• Non-deposit beverage containers
• Beverage cups
• Lightweight plastic carrier bags
• Wet wipes
• Balloons
• Tabacco products with filters, filters for tobacco products

Fireworks will be added to the product category list in 2026. 

The key point to remember is that the product itself must be designed for single-use only – that is, only designed to be used once before being disposed.  

For example, a washable food container that is intended to be washed and refilled will not be considered a single-use plastic, even if is made out of plastic. 

Each product category will also have some additional technical restrictions – please consult with us or with DIVID if you are not sure.

Single use plastics vs EPR Packaging – what’s the difference?

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. 

Your next steps

By checking these specific details, you can determine whether you actually need to register for SUP.  In many cases, your products will actually be covered by existing EPR categories such as Packaging.

We’re ready to help with any registration enquiry you may have, whether it’s for EPR, SUP, or anything else you need to get your business up and running. 

Next time, we’ll show you some of our most frequently asked questions about the SUP regulations in Germany.  Stay tuned!

TBA Global is your one-stop-shop for cross-border compliance solutions – we can help with everything from VAT, EPR, EU Responsible Person services and much more. 

Not sure what you need? Why not consider a free one-to-one consultation with our experts who can guide you through the process.  Expanding your business doesn’t need to be complicated!

For more information, contact info@tbaglobal.com.