Packaging Act at a crossroads: One law, many open issues.

Following the completion of the consultation with the federal states and stakeholder associations, the German Federal Ministry for the Environment, Climate Action, Nature Conservation and Nuclear Safety (BMUKN) is preparing the cabinet decision on the Packaging Law Implementation Act (VerpackDG) for the first quarter of 2026. The act aims to align the existing Packaging Act with the requirements of the EU Packaging and Packaging Waste Regulation (PPWR) and to fully replace it by 12 August 2026.

The draft legislation includes, among other measures, extended authorisation and registration obligations, higher recycling targets, and new financing mechanisms for waste prevention measures. In addition, the responsibilities of the Central Agency Packaging Register (ZSVR) are to be expanded and further digitalised.

Particularly controversial remains Section 32 of the draft PackagingDG, which regulates the fulfilment of extended producer responsibility for commercial packaging not subject to system participation. Waste management and industry associations fear that the provision could effectively lead to a centralisation of take-back and waste management, potentially undermining established decentralised structures in the commercial and industrial packaging sector. Critics highlight the risk of market-dominant structures and the possible displacement of medium-sized waste management companies.

The BMUKN rejects this interpretation and emphasises that Section 32 does not establish an obligation to participate in a central organisation. Existing individual agreements between waste holders, waste management companies and producers could continue to exist. What is new, however, is the explicit possibility for producers to fulfil their obligations through so-called “other organisations for producer responsibility”, for which low-threshold and largely automated approval procedures are planned.

Additional points of contention include the distribution of costs, the planned organisation for reduction and prevention measures, and the extent to which chemical recycling may count towards recycling targets. Parts of the industry have also questioned the economic viability of the proposed rules.

With the transition to the parliamentary procedure, intensive policy discussions are expected to continue until at least mid-2026.