Definitions · last reviewed August 8, 2026
Who counts as a producer under the EWKFondsG?
Many businesses don't realize they count as a "producer" under the EWKFondsG even though they don't manufacture anything themselves — the term is deliberately broad. § 3 EWKFondsG distinguishes four roles with different obligations.
This explicitly also applies to businesses that don't manufacture anything themselves, but only fill or sell: A café that fills and sells coffee in single-use to-go cups, a bakery that packs rolls in single-use plastic bags, or a snack bar that serves fries in single-use trays are, at that exact moment, the "filler" or "seller" within the meaning of § 3 EWKFondsG — and therefore the producer themselves. Generally not subject to the levy, on the other hand, is the supplier who sells the empty cups, bags, or trays unfilled to these businesses: they don't place a filled single-use plastic product on the market for the end customer for the first time.
Producer
Any natural or legal person, or legally capable partnership, established in Germany that, as a manufacturer, filler, seller, or importer, makes single-use plastic products commercially available or sells them on the German market for the first time — regardless of the sales channel (§ 3 EWKFondsG).
Obligation: Registration, annual quantity reporting, paying the levy, and, if applicable, an audit requirement from 100 kg/year.
Distributor
Businesses not established in Germany that sell single-use plastic products via distance selling (e.g. an online shop shipping to Germany) to German end customers also fall under the law — even without a German establishment.
Obligation: The same obligations as a domestic producer, usually through a German authorized representative.
Marketplace operator
Operators of electronic sales platforms that allow third parties to offer Annex 1 single-use plastic products for the German market (e.g. Amazon Marketplace, eBay).
Obligation: Has had its own audit requirement since 2025: the marketplace operator must ensure that sellers on its platform are themselves registered in the producer register.
Fulfillment provider
Anyone offering at least two of the following services: storage, packaging, addressing, or shipping of Annex 1 single-use plastic products — without owning the goods themselves. Pure postal, parcel, or freight service providers are explicitly excluded.
Obligation: Has also had its own audit requirement since 2025, analogous to marketplace operators.
Frequently asked questions
I run a café, bakery, or snack bar and don't manufacture anything myself — am I still a producer?
Yes. Anyone who fills Annex 1 single-use plastic products (e.g. coffee cups, carrier bags, fries trays) and sells them to end customers is the producer under the EWKFondsG as a filler or seller — regardless of whether they manufacture anything themselves. The supplier who only sells you the empty cups or bags unfilled generally is not, because they don't place a filled product on the market for the end customer.
I sell through Amazon FBA — am I still a producer?
Yes. As long as you own the goods yourself and make them available on the German market for the first time, you are the producer under the EWKFondsG — regardless of who handles storage and shipping. Amazon, as a fulfillment provider, has its own separate audit requirement (ensuring you're registered), but that doesn't relieve you of your own obligations.
What if I'm not established in Germany?
If you sell to German customers via distance selling, you count as a distributor and must meet the same obligations as a domestic producer — usually through a German authorized representative.
Is it enough if only the marketplace operator is registered?
No. The marketplace operator's audit requirement is about ensuring that YOU as a seller are registered — it doesn't replace your own registration, reporting, and payment obligations as a producer.
Sources · last reviewed August 8, 2026
This page summarizes the basic statutory roles and doesn't replace a legal case-by-case review. EWKPilot does not replace legal or tax advice.