Germany's new packaging laws: the 'green dot' arrives - symbol indicating that a product is to be recycled

Business America, Feb 24, 1992 by Katrin Bernhardt

Germany's new packaging laws, to be phased in through January 1993, are radical in concept and continue to generate considerable controversy, both in Germany and abroad, particularly with respect to their practicality. Industry has been less than enthusiastic in response to the legislation. It has also been reported that the laws may well encounter opposition from the EC Commission in Brussels.

Take-Back Obligations

The new German laws which will regulate the management and recycling of packaging waste are to be introduced in three phases:

* As of Dec. 1, 1991, all transport packaging was required to be accepted back by manufacturers and distributors. This category of packaging includes items such as crates, drums, pallets, and styrofoam containers.

* Effective April 1, 1992, manufacturers, distributors, and retailers will be obliged to accept all returned secondary packaging, including cardboard boxes, blister packs, etc. Secondary packaging is defined as being that which is designed to prevent theft, for vending machine applications and for promotional purposes.

* Jan. 1, 1993 will see the introduction of the obligation of retailers, distributors, and manufacturers to accept returned sale packaging. This category embraces all types of packaging necessary to contain and transport goods up to the point of sales or consumption. This will include cans, plastic containers for dairy products, foil wrapping, and styrofoam and cardboard packages. At the same time, a deposit regulation for disposable drink packages will be introduced.

The requirement to take back sales packaging will not apply to those manufacturers who have elected to participate in the "green dot" program, which requires the regular collection of used packaging materials either directly from the consumer's domicile or from designated local collection points. This exemption, however, applies only to sales packaging and not to secondary or transport packaging. Qualification for the green dot waiver depends on the, system implemented meeting prescribed quotas for collection and recycling.

Recycling/Reuse Targets

By Jan. 1, 1993, 50 percent of packaging material used in any of the federal states of Germany must be collected and 30 to 70 percent of this amount must be recycled or reused, the percentage depending on the packaging material in question. As of July 1, 1995, the quotas will be increased to 80 percent for collection and 80 to 90 percent for recycling and reuse. Materials thus collected must be either recycled or reused. It will be a legal offense to either dump or incinerate such materials Firms will be free to engage third-party operators to fulfill the requirements of the new regulations on their behalf.

The Green Dot

The green dot is the symbol which has been adopted by the Duales System Deutschland GmbH (DSD - Dual System of Germany), a corporation established in September 1990, with over 400 participating companies (shareholders), including some U.S.-owned firms. The DSD collects a fee from the participating manufacturers for the right to display the green dot symbol on their products. The revenue thus generated will be used to finance, on a non-profit basis, local packaging waste collection and recycling programs, already well under way. The green dot indicates to the consumer that such packaging may not be returned to the retail outlet but should, instead, be consigned to specially dedicated collection containers or be taken to the local recycling center. Furthermore, by displaying the green dot symbol on the product packaging, the manufacturer indicates that this packaging will be recycled or reused rather than dumped or incinerated. The onus for pre-sorting such waste packaging will, inevitably, rest with the consumer.

There is doubt being expressed from many quarters of trade and industry as to the practicality and efficacy of the new packaging laws. For example, the November 1991 issue of Umwelt Magazin Extra (Environment Magazine Extra), commented that:

"The new waste laws in Germany have now reached the stage of concrete implementation ... It is not certain whether the packaging regulations will find the necessary general acceptance with the consumer to enable the aims of this environmentally-friendly system of waste management to be fully achieved. The target of the regulations is the avoidance of packaging waste wherever possible and, at least, to secure a significant volume reduction. Where this is not practicable, the system will ensure the proper recycling of packaging materials ... The Duales System Deutschland (DSD) seeks to achieve the realization of these aims, but is still not generally understood. There exist grave doubts as to whether a comprehensive implementation of the new packaging waste-management and recycling laws can be ensured."

The same issue reported on criticism of the green dot system, highlighting a problem affecting the German wine producers. Apparently, vintners-cooperatives have been told that the green dot must be displayed on all wine bottles and that only wine bottles bearing the green dot symbol would be accepted for distribution to retail outlets. This practice will lead to such bottles being deposited in the designated green dot collection containers for recycling rather than being returned to the wine producer via the retail outlet. This, it is claimed, will effectively destroy a well-established system of wine bottle return which has proven its value and practicality. Indeed, rather than the vintner simply reusing the returned bottles, energy will simply be wasted on a totally unnecessary recycling process.