Self-disposal

This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

As a self-disposal manufacturers and distributors of sales packaging is referred to (§ 3 para. 1 no. 2 VerpackV ) that i their waste legal product responsibility. S. d. Paragraph 6, Paragraphs 1 and 2 of the Packaging Ordinance and cannot be “released” from their obligations by participating in a system in accordance with Paragraph 6 Paragraph 3 of the Packaging Ordinance ( dual system ).

According to Section 6 (1) and (2) of the Packaging Ordinance, manufacturers and distributors are obliged to take back used, completely emptied sales packaging free of charge from the end consumer at the place of actual delivery or in its immediate vicinity. Self-disposal companies, just like dual systems, must meet the requirements for recovery , return and verification in Appendix I No. 1 and 2 .

Manufacturers and distributors can also use third parties to fulfill these take-back, recycling and documentation obligations (Section 11 sentence 1 of the Packaging Ordinance). According to Annex I No. 2, Paragraph 1, Clause 5, the legislature also allows several distributors and manufacturers to collectively exercise their product responsibility in a community . These third parties organize, if necessary in so-called self-disposal communities, the fulfillment of the obligations for the participants. Specifically, this means that they take over the recording of the sales packaging, ensure that it is recycled in accordance with the regulation, and create and store the volume flow verification . It should be noted here that, in contrast to participation in a dual system i. S. d. Section 6, Paragraph 3 of the Packaging Ordinance does not result in an exemption from the obligation to dispose of sales packaging, but only in a transfer.

There is a special regulation for mail order companies. According to Section 6, Paragraph 1, Sentence 6, of the Packaging Ordinance, they are even obliged to ensure the return of sales packaging through suitable return options at a reasonable distance from the end consumer. In the literature it is controversial whether self-disposal companies are entitled to carry out household-related records in addition to their duties.