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Ten constitutional complaints against one-way funds

According to Euwid, several associations and companies have filed a complaint with the Federal Constitutional Court against the Single-Use Plastic Fund Act.

The Single-Use Plastic Fund Act is intended to oblige manufacturers of certain single-use plastic products to cover the costs of cleaning, collection and disposal in public spaces, which are estimated at around 450 million euros annually. The special state levy for manufacturers of products such as to-go food containers, drinks cups, lightweight carrier bags, wet wipes and tobacco filters, which is intended to implement the requirements of the EU Single-Use Plastics Directive, raises considerable doubts as to its ‘compatibility with German financial constitutional law’, according to the joint objection by the IK Industrievereinigung Kunststoffverpackungen, the Industrieverband Papier- und Folienverpackung (IPV) and the Bundesverband der Tabakwirtschaft und neuartiger Erzeugnisse (BVTE). The associations also criticised a violation of their professional freedoms. They also argued that the conditions for a special levy were not met. In particular, they criticised the fact that the legislator used the legal form of a special levy and a state fund to implement the law. The complainants called for an alternative, privately organised solution, which in their view would be less burdensome and would comply with constitutional requirements. IK, IPV and BVTE told Euwid: "Our members are already actively contributing to the goals of waste prevention and the circular economy and are committed to their product responsibility. We have always been in favour of a cost-efficient, transparent and unbureaucratic implementation of extended producer responsibility in accordance with the EU Single-Use Plastics Directive. The Single-Use Plastics Fund Act does not fulfil these requirements and raises considerable doubts about its compatibility with German financial constitutional law."

  • Euwid Recycling und Entsorgung 21/2024 (21.5.2024)
  • Photo: ©, Agenlaku Indonesia

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