The Federal Administrative Court has confirmed the legal opinion of the Central Agency Packaging Register (ZSVR) with a recent ruling: permanent carrier bags are considered packaging subject to system participation. This decision affects a large number of companies and ensures clear competitive conditions in the industry. The ZSVR had already advocated for system participation for these bags, and the court has now confirmed this opinion.
The Federal Administrative Court's decision is regarded as an important milestone for environmental protection. According to the Federal Environment Agency, 99 million plastic carrier bags with a wall thickness of 50 micrometres or more were put into circulation as early as 2023. These bags are now clearly classified as packaging that must either be avoided or recovered through the Dual System. Recovery relieves the burden on local authorities, as the bags are no longer intended to end up in residual waste.
An isolated case with far-reaching implications
The proceedings were initiated by a large retail company that had called for clarification on the classification of permanent shopping bags. After the company lost in the first instance at the Administrative Court of Cologne, an appeal on points of law directly to the Federal Administrative Court was permitted due to the fundamental importance of the case. The court clarified that the function of the bags at the point of sale is decisive. Whether the bags are given away for free or for a fee is irrelevant in this regard.
Widespread impact across various industries
The ruling has far-reaching implications for many sectors, including the grocery trade, furniture stores, garden centres, and drugstores. All companies that offer customers permanent carrier bags in connection with goods must participate them in a system. For many companies, a significant need for subsequent participation may arise – also for past periods. Auditors of certificates of completeness must now ensure that manufacturers whose certificates of completeness they attest are fulfilling their obligations.
Legal certainty and guidance
Gunda Rachut, a member of the ZSVR board, stresses the importance of the ruling: „The ruling is an important signal to those companies that have been properly fulfilling their obligations for years. A level playing field only arises where the same rules apply across all sectors for everyone.” The decision offers clear guidance for the practical implementation of extended producer responsibility, especially in light of new regulatory requirements such as the PPWR.
Source: Central Agency Packaging Register
