German Recycling Groups Launch Complaint with EU

Two German industry associations, through a German law office, say they are planning to lodge a complaint with the European Union (EU) Commission. The complaint challenges Germany's newly revised waste law.

The Federation of German Steel Recyclers and Waste Management Companies (BDSV) and the German Metal Traders Association (VDM) say that sections of the law, scheduled to go into effect on June 1, 2012, are incompatible with the EU’s Waste Framework Directive.

According to the BDSV, the complaint would target the law's provisions on the collection of recyclable materials from private households. The two associations claim the new rules will restrict private companies' access to recyclables, while European lawmakers seek to encourage competition for source separated recyclables from private households and never intended the EU legislation to introduce restrictions.

If the two associations are successful with their complaint, the EU Commission would first send a letter of written warning and could ultimately bring Germany before the European Court of Justice in order to compel changes to the law.

The complainants also are considering filing a separate suit with the German Constitutional Court in which they would argue that the new law represents an infringement of property rights as guaranteed under the German Basic Law.

The two associations are calling on Germany’s Federal Economics Ministry to reject the draft bill. In a letter, the associations note that the storage and handling of discarded material already is regulated in Germany and is comprehensive and rigorous as is.