Mandatory Enforcement of Germany’s Single-Use Plastic EPR

As 2024 draws to a close, European marketplace sellers must finalize their 2025 EPR renewals and pre-declarations to ensure compliance. Additionally, they need to prepare for the enforcement of Germany’s new Single-Use Plastic Tax starting January 1, 2025.

From this date, regulations regarding Extended Producer Responsibility (EPR) for single-use plastics will come into effect in Germany. These regulations will impact sellers on e-commerce platforms like Amazon, AliExpress, and TEMU that sell products containing single-use plastics (e.g., wet wipes, beverage bottles, food containers, etc.).

Recent Notices from AliExpress

AliExpress has recently issued a notice emphasizing Germany’s addition of a new Single-Use Plastic EPR category. This category will take effect on January 1, 2025, and platforms will not offer services for withholding or remitting EPR fees.

Merchants must handle registration and declarations independently. Failure to submit registration information or pass qualification reviews by the deadline will result in restrictions from accessing the German market.

Which Products are Regulated?

Definition of Single-Use Plastic Products:

These refer to plastic products that cannot be reused after their initial use. Examples include plastic bags, utensils, and straws. To reduce environmental impact, German law mandates producers participate in recycling systems.

A product is considered "single-use plastic" if it meets the following criteria:

1. It is made wholly or partially of plastic.

2. It is not designed, developed, or marketed for multiple-use cycles during its lifecycle (e.g., it cannot be returned for refilling or reused for its original purpose).

Regulated Product Categories

1. Food Containers: Containers used to hold food, such as boxes (with or without lids), that:

 - Are meant for immediate consumption, whether on-site or as take-out meals.

 - Are typically consumed directly from the container.

 - Require no further cooking, boiling, or heating.

 Exclusions: Beverage containers, cups, plates, bags, and foil wrappers containing food (e.g., packaging paper).

2. Flexible Packaging for Food: Bags and film wraps made of flexible materials (e.g., packaging paper) intended for direct consumption without additional preparation.

3. Beverage Containers (≤3 liters): Containers used to store liquids, including reusable and non-reusable bottles or composite beverage packaging, along with their caps and closures. Exclusions apply to glass or metal containers but include plastic closures, lids, labels, stickers, or packaging.

4. Beverage Cups: Including closures and lids.

5. Lightweight Plastic Carrier Bags: Bags with a wall thickness of less than 50 microns, with or without handles, provided at points of sale.

6. Wet Wipes: Wipes for personal or household care that are pre-soaked.

7. Balloons: Excluding those for industrial, commercial, or non-consumer applications.

8. Tobacco Products: With filters and filters intended for use with tobacco products.

Merchants can use the [German Environmental Agency's Single-Use Plastic Fund platform (DIVID)](https://divid-plattform.de) to check if their products qualify as single-use plastics.

How to Obtain EPR ComplianCE certification?

Option 1: Direct Registration with German Authorities

Before offering single-use plastic products as a producer, filler, seller, or importer, register as a producer in the DIVID registry, specifying product types and brand names.

- German Companies: Create an account on DIVID and obtain a registration number.

- Non-German Companies: Appoint an authorized representative to complete the process.

Option 2: Use a Third-Party Service Provider

For a smoother compliance process, sellers can work with industry-recognized service providers. For example, JJR Lab offers comprehensive services, from product review to DIVID registration, ensuring sellers obtain their registration numbers hassle-free. Required documents include:

- Business license

- Legal representative’s ID

- Application form

- Authorization letter

Option 3: Directly Submit Existing Certification

If your store has already completed registration through another platform, you can upload your certification number directly to the AliExpress backend.

Once compliance registration is complete, sellers should submit their EPR certification details to the AliExpress platform to finalize the compliance declaration.

Declaration Portal

Navigate to: Merchant Dashboard → Account and Certification → My Information → European EPR Registration Number Declaration.

Important Notes

- If the German government requests EPR documentation from the platform, sellers must provide proof of registration. Non-compliance may result in legal consequences.

- The "Single-Use Plastic Tax" is distinct from the Packaging Act, targeting short-term-use products that are non-recyclable and primarily associated with food.

Act Now to Avoid Risks

With only a few days left before enforcement, sellers are advised to complete registration promptly to avoid potential sales restrictions and operational disruptions.

For further assistance in distinguishing regulated products or completing compliance processes, feel free to contact us.