The Federal Environment Agency has decided on an application for categorisation under the Disposable Plastics Fund Act. According to this, ayran cups that are supplied to bottlers unfilled and without lids as an industrial pre-product are to be included in the scope of application as „beverage cups“ - meaning that a levy is due. The decision was criticised by the business associations affected.
Following the decision, ayran cups will be subject to a special levy of 1,236 euros per tonne in future. The Single-Use Plastics Commission, which advises the UBA on these issues, had previously spoken out unanimously against such a categorisation. „We regret that the UBA already in its first decision deviates from the recommendations of experts from industry, municipal umbrella organisations and environmental associations“The decision is problematic in several respects and ultimately only leads to additional costs for consumers at the checkout,„ explains Karin Monke from the Milchindustrie- Verband e. V. (Milk Industry Association). The fact that the UBA considers the labelling of the ayran cup with the turtle pictogram to be decisive has been particularly criticised.
„In view of the unclear legal situation, the labelling by the cup manufacturer is merely a precautionary measure. Under no circumstances can the pictogram be used to justify categorisation as an EWKFondsG product,“ explains Dr Martin EngelmannManaging Director of the IK Industrial Association for Plastic Packaging. The pictogram is not the cause, but the consequence of a categorisation as a disposable plastic beverage cup.
„Conversely, the decision would mean that manufacturers who fail to affix the pictogram in breach of the regulations would be exempt from the obligations of the EWKFondsG. That cannot be the case.“
In addition, there are considerable doubts as to whether unfilled industrial preliminary products, such as empty cups without lids, fall within the scope of the law at all, because it is impossible for them to end up as waste in the environment. „Even if the empty cup is considered to be covered, it is - contrary to the UBA's assumption not a beverage cup, but a beverage container, which is extremely relevant with regard to the amount of the special levy and thus the costs for consumers,“ explains Engelmann, referring to the delimitation in the explanatory memorandum to the Single-Use Plastics Labelling Ordinance of 2021.
A special levy of 181 euros per tonne will be charged for non-deposit beverage containers. From the point of view of both associations, it remains to be seen whether an appeal will be lodged against the decision. The Federal Constitutional Court is currently deliberating on constitutional complaints against the EWKFondsG. At the centre of this is the question of whether the financial constitutional requirements for levying a special state tax are met. The business community, on the other hand, had argued in favour of a private-sector implementation of the EU requirements.
Source: Dairy Industry Association, IK Industrial Association for Plastic Packaging
