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In principle, the Packaging Ordinance does not distinguish between conventional synthetics and bio-synthetics. That means that all synthetics used for packaging fall within this regulation. Manufacturers who package and sell their products in bio-synthetics must, in accordance with the packaging-regulation, charge a deposit or participate in a return-system, like the "Duales System Deutschland" (DSD). In addition to the higher production costs (associated with bio-synthetics?), there is a one-time licence fee for participation in the "yellow-bag" recycling system. 

There is no legal requirement that a manufacturer of biodegradable plastics must participate in a return system. Only the selection and use of a biodegradable material is required in order to satisfy the legal product responsibility. In the Packaging Ordinance of 1998, there was an exemption for biologically degradable plastics, whereby such plastics were exempt from participating in a return system like DSD if they consisted predominantly of renewable primary products. This ordinance was discontinued in 2002. With the third amendment of the Packaging Ordinance, a new and generous exemption for biodegradable plastics has been successfully codified which extends to the year 2012. This significant exemption should assist the organic plastics industry in finally breaking through to the (packaging?) market. The current legal ordinance is as follows:

Until December 31, 2012, § 16, Transitional Regulations (2) § 6 does not apply to plastic packaging which is manufactured from biodegradable materials, and of which all constituent elements are certified, by an organisation not affiliated with any manufacturer, as compostible in accordance with recognised testing standards. The manufacturers and distributors are to ensure that the largest possible proportion of the packaging is recycled. [liberally translated]

This regulation was criticized in so far as it does not include requirements regarding the raw material base; that is, a minimum share of renewable primary products is not specifically specified. It is feared that biodegradable products will be produced exclusively from crude oil in the future, rather than from renewable primary products. Yet for economic reasons alone, this concern is actually unwarranted. Biodegradable plastics have largely been developed using renewable primary products, since this is economically more favorable than to produce these materials (plastics) from crude oil. In the future, this development based on renewable primary products will intensify, since high oil prices continuing to rise. Furthermore, the entire technological, product and market development is still in a very early phase (only 0.1% market share); therefore, a specified minimum share of renewable primary products would probably do more harm than good. The exception for BAW, which expired in 2002, already contained such a specification; an appropriate product development has consequently not taken place.

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