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German Federal Law Gazette. Regulation on the ban on the Market for Single-Use Plastic Products

Updated: May 20, 2021

Regulation on the ban on placing on the market certain single-use plastic products and products made from oxo-degradable plastic (Disposable Plastic Prohibition Ordinance - EWKVerbotsV) *

From January 20, 2021



 

On the basis of section 24 number 4 in conjunction with section 67 of the Recycling Management Act of February 24, 2012 (Federal Law Gazette I p. 212), of which section 24 number 4 is replaced by Article 1 number 18 of the law of 23 October 2020 (Federal Law Gazette I P. 2232), the Federal Government, after hearing the parties involved, while preserving the rights of the Bundestag, decrees:


1 - Scope of application

This regulation applies to the placing on the market of certain single-use plastic products and of products made from oxo-degradable plastic. This ordinance applies regardless of whether the products are placed on the market as packaging in accordance with Section 3 (1) of the Packaging Act or not.


2 - Definitions

The following definitions apply to this ordinance:


2.1 - Disposable plastic product:

a product made entirely or partially of plastic that is not designed, developed and placed on the market in order to go through several product cycles during its service life by being returned to a manufacturer or distributor for refilling or by being reused for the same purpose to which it has been manufactured;


2.2 - Plastic:

a material consisting of a polymer according to Article 3 number 5 of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of December 18, 2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), the creation of a European Chemicals Agency, the amendment of Directive 1999/45 / EC and the repeal of Council Regulation (EEC) No. 793/93 , Regulation (EC) No. 1488/94 of the Commission, Directive 76/769 / EEC of the Council and Directives 91/155 / EEC, 93/67 / EEC, 93/105 / EC and 2000/21 / EC of the Commission (OJ L 396 of 30.12.2006, p. 1), last amended by Regulation (EU) 2020/507 (OJ L 110 of 8.4.2020, S. 1) has been changed, in the currently valid version, which may contain additives or other substances have been added and which may act as the main structural component of end products; Exceptions are materials made from natural polymers that have not been chemically modified;


2.3 - Oxo-degradable plastic:

Plastic that contains additives which, through oxidation, cause the plastic to break down into microparticles or to break it down chemically;


2.4 - Placing on the market:

The first time a product is made available on the market within the scope of this Ordinance;


2.5 - Making available on the market:

Any supply of a product, whether in return for payment or free of charge, for distribution, consumption or use on the market in the context of a business activity.


3 - Restrictions of placing on the market

(1) The following single-use plastic products may not be placed on the market:


3.1 - Cotton swab; cotton swabs that fall within the scope of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83 / EC and Regulation (EC) No. 178 / 2002 and Regulation (EC) No. 1223/2009 and repealing Council Directives 90/385 / EEC and 93/42 / EEC (OJ L 117 of 5.5.2017, p. 1; L 117 of 3.5.2019 , P. 9; L 334 of December 27, 2019, p. 165), which has been amended by Regulation (EU) 2020/561 (OJ L 130 of April 24, 2020, p. 18), in the currently applicable version - fall under


3.2 - Cutlery, especially forks, knives, spoons and chopsticks, 3 plates,


3.4 - Drinking straws; Excluded are drinking straws that are subject to Regulation (EU) 2017/745,


3.5 - Stir sticks,


3.6 - Balloon sticks, which are attached to the balloons for stabilization, including the respective holding mechanisms; excluded are balloon sticks, including the respective holding mechanisms, of balloons for industrial or commercial purposes and applications that are not

* This regulation serves to implement Articles 5 and 14 of Directive (EU) 2019/904 of the European distributed to consumers, Parliament and of the Council of 5 June 2019 on the reduction of the effects of certain plastic products on the environment (OJ L 155 of June 12, 2019, p. 1).

The Federal Law Gazette on the Internet: www.bundesgesetzblatt.de | A service of the Bundesanzeiger Verlag www.bundesanzeiger-verlag.de

96 Federal Law Gazette year 2021 Part I No. 3, issued in Bonn on January 26, 2021


3.7 - Food containers made of expanded polystyrene, so containers, such as boxes with or without a lid, for food that

a) are intended to be consumed directly, either on site or as a take away dish,

b) are usually consumed out of the container and

c) can be consumed without further preparation such as boiling, boiling or heating;

no food containers in this sense are beverage containers, beverage cups, plates as well as bags and foil packaging, such as wrappers, with food contents,


3.8 - Beverage containers made from expanded polystyrene including their closures and lids as well


3.9 - Drinks cups made of expanded polystyrene including their closures and lids.

(2) Products made from oxo-degradable plastic may not be placed on the market.


4 - Administrative offenses

An administrative offense within the meaning of Section 69 Paragraph 1 Number 8 of the Recycling Management Act is anyone who intentionally or negligently places a product on the market contrary to Section 3.


5 - Come in to effect

This ordinance comes into force on July 3, 2021.

The Federal Council has approved.


 

Berlin, January 20, 2021

The Federal Chancellor

Dr. Angela Merkel

The Bunde sm inisterin for the environment, nature conservation and nuclear safety

Svenja Schulze

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