Who is considered a "manufacturer" within the meaning of the EWKFondsG?

Unsure if you qualify as a manufacturer?

The Single-Use Plastics Fund Act (EWKFondsG) affects more than just traditional producers. Many companies don't know that they are considered "manufacturers" under this law – and are therefore subject to registration and auditing requirements.

In this article, we show you:

• How the EWKFondsG defines the term "manufacturer"
• Who is specifically affected – with typical practical examples
• What obligations arise from this
• How DIVID quantity reporting keeps you on the safe side
  

Legal Definition: Who is a Manufacturer according to EWKFondsG?

The Single-Use Plastics Fund Act's definition of a manufacturer is based on the EU Single-Use Plastics Directive and the Packaging Act (VerpackG).

According to EWKFondsG, a manufacturer is someone who:

1. Commercially places single-use plastic products on the market in Germany for the first time
2. Fills products for third-party companies and other brands
3. Imports products from abroad
4. As a mail-order retailer without a registered office in Germany, sells products to Germany.

Important: Foreign companies based outside Germany are also considered manufacturers if they deliver products directly to German business customers.

Typical Examples of Manufacturers according to EWKFondsG

Here are specific case examples where companies are considered manufacturers subject to reporting requirements:

What Obligations Arise for Manufacturers?

As a manufacturer under the EWKFondsG, you have the following key obligations:

1. Registration with the Central Agency Packaging Register (ZSVR)

→ via the LUCID portal

2. Registration with the DIVID platform

→ via Elster certificate for verification

3. Submission of quantity report by May 15 of the following year

→ including breakdown by product types

4. External audit obligation from certain quantity thresholds

→ Auditors must be accredited by the ZSVR
→ DIVID quantity reporting connects you with officially recognized auditors and handles the entire process – stress-free for you.

Special Obligation for Foreign Companies

International companies (e.g., from Malaysia, Austria, or Poland) that deliver products directly to Germany are also considered manufacturers – even without a local branch.

With DIVID quantity reporting, you fulfill all requirements as a foreign company digitally and legally compliant.

What exactly does “first-time placing on the market” mean?

The term "first-time placing on the market" is crucial. According to EWKFondsG, it means:

"The commercial supply of a single-use plastic product to third parties for distribution, consumption, or use in Germany."

This applies to:

• Sales to B2B or B2C customers in Germany
• Shipping via online platforms (Amazon, Ebay, Etsy) or dropshipping
• Private-label manufacturers and contract fillers for other brands
• Repackaging or assembly in plastic bags or single-use plastic bags

How we support you as DIVID quantity reporting

With our platform, you receive:

• ✅ Legally compliant processing of your audit obligation
• ✅ Checklists & templates for quantity reporting
• ✅ EWKFondsG audit by officially accredited auditors
• ✅ Simple, digital processing – even for companies without a registered office in Germany

Conclusion: Many companies are manufacturers – without knowing it

The EWKFondsG broadly interprets the term "manufacturer." Whether importer, retailer, or private label brand owner/filler – anyone who first distributes single-use plastic products in Germany must act.

With DIVID quantity reporting, you ensure that your reporting and auditing are legally compliant, on time, and digital.

Act now: Check manufacturer obligations & start quantity reporting

Are you a manufacturer within the meaning of the EWKFondsG? Then book the quantity audit directly via our DIVID quantity reporting platform.