Germany
Have any regulations or guidelines already been implemented?
Germany implemented Directive (EU) 2018/851 on 28 October 2020 into the Recycling Management Act (Kreislaufwirtschaftsgesetz/KrWG).
Germany also implemented the European Packaging Directive 94/62/EC into the Packaging Act.
Is there any upcoming relevant legislation or guidelines?
What is the timeline for implementation?
We are not aware of any specific legislation plans regarding the textile sector.
But, according to the “National Programme for Sustainable Consumption”, the Federal Government is planning several measures for sustainable consumption (including in the textile sector) to achieve Germany's sustainability and climate protection goals. This includes textiles with reduced microplastic discharge, increasing the volume-based market share of certified clothing to 20 percent by 2025, etc.)
Furthermore, there are several associations which deal with this topic. Several recycling associations as well as environmental organisations request an “extended producer responsibility” for the textile sector.
What are the general rules?
The KrWG was already quite advanced prior to the implementation of Directive (EU) 2018/851. It contains various rules, and the following are a few examples of those changes that were introduced with the implementation of Directive (EU) 2018/851:
- The local public waste management authorities are obligated to separately collect trash from private consumers (§ 20 KrWG). This obligation includes the separate collection of textiles. However, this obligation is deferred until 1 January 2025.
- The state creates waste prevention programs, which, following the implementation of Directive (EU) 2018/851 now also make a clear reference to textiles. The waste prevention programs must „support the reuse of products and the creation of systems to promote activities for repair and reuse, especially of electrical and electronic equipment, textiles, furniture, packaging, and construction materials and products,”
- The already quite extensive Responsibility of Producers of goods has been further extended (§ 23 KrWG). Product responsibility is specified by various methods and procedures. These include the development, manufacture and placing on the market of reusable or technically durable products; the use of recyclable waste or secondary raw materials in the manufacture of products; the labelling of products containing harmful substances and the taking back of products after use; and informing consumers about return, reuse and recovery options or obligations. The legislator can further specify these initially abstract requirements. The German state has been authorized via Sections 24, 25 KrWG to further specify any obligations of producers in regard to the aforementioned, including obligation to inform and taking back of products after their use.
The VerpackG contains several obligations for packaging materials. Producer of packaging (distributors who places packaging on the market for the first on a commercial basis) must:
- register at the competent authority (Zentrale Stelle),
- participate in a dual system and
- report certain data.
What are the products involved?
Extended producer responsibility includes the take-back and recovery of products and waste. Basic prerequisite for the applicability of the regulations and the extended producer responsibility is that the product falls under the waste definition.
In the textile sector this involves textile products as well as textile waste.
Packaging of products is also involved. This includes the packaging of both the stationary trade as well as online distribution. The responsibility for the packaging remains with the producer even in case of the use of a fulfilment service provider.
What are the enforcement measures and sanctions in case of violation?
Violations of the obligations under the KrWG are punishable as administrative offences with a fine (see sec. 69 KrWG). Fines can amount up to 10.000 Euro or 100.000 Euro depending on the respective violation.
Violations of the obligations under the VerpackG are punishable as administrative offences with a fine (see sec. 36 VerpackG). Fines can amount up to 10.000 Euro or 200.000 Euro depending on the respective violation.
Which are the responsible authorities or bodies?
In principle, the lower environmental protection authorities, i.e. the districts and independent cities, are responsible for enforcing the provisions of waste legislation.
With regard to the VerpackG the Zentrale Stelle is the competent authority.
