Germany: What does the collapse of the government mean for waste legislation?

The consequences of the German government’s collapse on 6 November are far-reaching and will affect initiatives launched by the government, but not yet finalised.

These include the National Circular Economy Strategy (NKWS) and the amendment of the Electrical and Electronic Equipment Act (ElektroG).

It is uncertain whether these initiatives can be completed before the new elections scheduled for 23 February 2025.

ElektroG

On 9 October, the German government adopted a draft of a second law amending the ElektroG. The draft law aims to improve the collection of waste electrical and electronic equipment (WEEE) and reduce the risk of lithium batteries catching fire.

Among other things, requirements for sorting WEEE are supposed to be further specified with consumer information strengthened and standardised throughout Germany.

Without the votes of the outgoing Free Democratic Party (FDP), the two remaining governing parties, the Social Democratic Party (SPD) and Greens, lack a majority in parliament. They are therefore dependent on the opposition Christian Democratic Union/Christian Social Union (CDU/CSU) party to pass legislation.

However, the CDU/CSU has repeatedly stressed that it will only discuss possible support for certain initiatives, which are considered particularly important, after Chancellor Olaf Scholz’s planned vote of confidence on 16 December.

The ElektroG is unlikely to be one of them. Amendments will probably therefore be reintroduced by the next government, which is unlikely to be before the summer of 2025.

NKWS

The latest draft NKWS dates from 8 November, two days after the collapse of the government. Among other things, the strategy aims to reduce the consumption of primary raw materials to eight tonnes per capita by 2045.

The NKWS proposes measures and guidelines for the future of the circular sector in Germany. The ongoing stakeholder process, “Platform for Circular Economy”, will support the execution of these measures.

Since it is a strategy, the NKWS does not require the approval of parliament and it was adopted by the cabinet on 4 December.

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