This means the green dot symbol can now be used by companies recycling consumer packaging waste under alternative schemes to the DSD. However, DSD stipulates the condition that customers must agree to fulfil obligations for collection and recycling under the German packaging ordinance requirements.

DSD chairman Stefan Schreiter stated that customers and consumers have great interest in the green dot as a sign that the producer has fulfilled these obligations.

Those producers and fillers of packed products still wishing to make use of the full DSD services as before can still do so under service contracts for this purpose.

There is a turnaround in DSD’s previous position. The organisation appealed one year ago against an EU court ruling that it should accept use of the green dot symbol against payment of a reasonable licence fee (PRW.com 28 August 2007).

DSD had maintained at the time that the green dot symbol was being granted in accordance with the government’s packaging ordinance exclusively for packaging for producers and operators who make use of its services. It argued that apart from this, there was no “isolated right to use” the symbol granted.

According to DSD, the Federal German cartel office has welcomed the new contract facility. In the past, DSD had a complete monopoly in managing collection and recycling of post consumer packaging in Germany.

Its statutes had also allowed only companies with obligations under the German packaging ordinance to hold shares in DSD, including collection and recycling companies.

Cartel office concern about the shareholdings led to withdrawal of the conflicting shareholdings and transformation of DSD into a profit-making organisation. This took place after financial investment company Kohlberg Kravis Roberts acquired DSD