ELS, Noventiz and RKD now make Clearing Agreement watertight

Further clarifications in the clearing agreements pave the way for a settlement of the clearing dispute

In the current dispute regarding the dual system clearing fundamentals in 2018, ELS, Noventiz and RKD continue to take the initiative. In order to facilitate a settlement of the clearing dispute and thus avert damage caused by the private enterprise system for the disposal of waste packaging, regulations stipulated in the current clearing agreements held by ELS, Noventiz and RKD are clarified and supplemented.

The new German Packaging Law will be in force as of 2019 irrespective of the clearing agreements entered into by the dual systems for 2018. Current discussions, however, show that clarifications are necessary to ensure the delivery of private-sector packaging waste disposal in 2018. Consequently, ELS, Noventiz and RKD have included in their clearing agreement transitional regulations to prepare for the German Packaging Law, regulations for having the central agency monitor and calculate the market shares as well as for permanent reconciliation with the data kept by the Association of German Chambers of Industry and Commerce (DIHK) and as of 2019, with the central agency’s data. Two weeks ago, the three systems had already integrated with binding effect in the clearing regulations the latest German Working Group on Waste (LAGA) memorandum M37, considered to be of key importance by the German Federal Cartel Office/antitrust agency (Bundeskartellamt), the central agency and the German Federal Environment Ministry.

The three CEOs Boxhammer, Dühr and Schuh are certain: “With the additional explicit regulation for the transition to the Packaging Act and the provisions for the reconciliation of quantities, we create the necessary reliability for everyone involved. The previous consensus within the scope of the clearing negotiations is firmly established in a text outlining the Agreement. We are therefore going one step further to finally create a uniform contractual basis for all systems and provide the market with the necessary reliability.” Boxhammer, Dühr and Schuh continue: “We hope that on this basis, the clearing for 2018 will be assured for all systems. Our Agreement will make it possible to join the other dual systems in a simplified manner. However, we reject more comprehensive requirements that go beyond these and which are potentially in conflict with antitrust legislation.”

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