Baden-Württemberg: Municipalities receive a free hand for packaging taxes!

Baden-Württemberg: Municipalities receive a free hand for packaging taxes!

The state of Baden-Württemberg gives the municipalities freedom to make their own decisions about the introduction of a packaging tax on disposable packaging. Environment Minister Thekla Walker emphasizes that the cities and municipalities know best how they can handle the rising amounts of waste. In contrast, the situation in Bavaria is different, since no permits for municipal packaging taxes are granted there. The Bavarian government considers this regulation to be too complicated and stressful for the companies.

As reported by the Stuttgart messages, the municipalities in Baden-Württemberg are permitted to introduce taxes without permission from the state government. This was recently strengthened by the Federal Constitutional Court, which declared the packaging tax statute of the city of Tübingen as permitted in November 2024. Even if the majority of the cities in Baden-Württemberg have not yet introduced a packaging tax, there are already initial approaches: a fee of 50 cents per disposable container is charged in Constance, and Freiburg is planning to introduce such a tax from January 1, 2026.

rising amounts of waste and municipal challenges

The municipalities in Baden-Württemberg are faced with the challenge of managing increasing disposal costs and demanding that the garbage causers are asked more to checkout. Professor Henning Wilts from the Wuppertal Institute points out that the amount of plastic packaging waste has doubled per capita in the past 30 years. Every year around 320,000 disposable cups are thrown away in Germany.

The reusable rate for drinks has increased from 4% to 7%, but fast food restaurants have currently offered reusable alternatives since 2023. However, the awareness of these reusable offers is still low for customers. Wilts emphasizes that reusable solutions are only really useful if it is set to renewable energies during transport and cleaning. By 2045, reusable systems should be established across Germany.

EU requirements and future developments

From 2025, two essential innovations regarding plastic packaging come into force. The EU packaging regulations (PPWR) will prescribe a minimum share of recycling material with the aim of reducing waste quantities and strengthening the circular economy. From 2030, certain plastic packaging must have a recyclery of 35%, and until 2040 it even increases to 65%. Six packaging formats are also prohibited, including very light plastic strap bags and disposable packaging for fresh fruit and vegetables.

The Federal Constitutional Court has also decided that municipalities may charge local packaging taxes. This corresponds to the decision of November 27, 2024. For example, since 2022, the city of Tübingen has raised a price of 50 cents, despite the complaint of a fast food chain, which argued that the tax is a factual ban on disposable packaging. However, the court rejected this law

The developments in Baden-Württemberg reflect a larger trend that goes from the EU and the municipalities to sustainable packaging solutions and less waste. With the new regulations and taxes, the pressure on companies will increase to use more environmentally friendly packaging and to counteract the challenge of plastic pollution.