In the legislative process for the new Packaging Act, the federal government has rejected numerous demands from the Bundesrat. This is according to the federal government's response to the statement from the upper house of parliament. While individual points are to be adopted or considered, significant proposals have been explicitly rejected.
The Federal Government makes it clear on several points that it largely adheres to the draft of the Packaging Law Implementation Act (VerpackDG) and does not intend to introduce additional national tightening or changes beyond the EU requirements.
Rejection on structural and responsibility issues
The Federal Government is therefore rejecting proposals to expand responsibilities, among other things. A move by the Bundesrat to involve municipal levels more strongly is rejected with reference to the existing constitutional structure of the federal states and the federal government.
Further adjustments to fundamental regulatory approaches of the Packaging Law Implementation Act will not be adopted either. The Federal Government emphasises that the draft is limited to the necessary changes for the implementation of the EU Packaging Regulation.
No additional verification or adjustment obligations
Several proposals by the Bundesrat aimed at additional verification mechanisms or regular reviews of specifications. These are also rejected by the federal government. For example, a mandatory review of recycling quotas at short intervals is assessed as unnecessary administrative effort.
There are also demands for further adjustments to the design of recycling and recovery rules that are not being taken up. Instead, the federal government refers to existing systems and future adjustments in the course of European regulations.
Criticism of additional reporting requirements rejected
The rejection is particularly evident in proposals to reduce reporting requirements. The Bundesrat had called for adjustments here to reduce the bureaucratic burden on companies.
However, the federal government is sticking to the planned regulations of the Packaging Law Implementation Act and rejects corresponding amendment proposals. The justification includes references to European legal requirements that necessitate the involvement of the affected stakeholders.
Principle: No additional national derogations
Broadly speaking, it is clear that the federal government does not intend to make far-reaching changes to the draft. The bill deliberately limits itself to implementing the EU requirements and dispenses with additional national regulations or expansions.
Source: Bill of the Federal Government, Paper 21/5346
