Legal aspects regarding the implementation of products made of biodegradable materials in consideration of german law, EU law and conventional international law

The production of primary materials for biodegradable materials (BM) is indirectly subsidised by the EU. The cultivation of genetically modified primary materials for BM requires approval in accordance with the Genetic Engineering Law.

by Dipl.- Ing. Christoph Werner

When developing articles of daily use for foodstuffs (for example packaging) made out of BM one must ensure that migration of substances contained in such articles into foodstuffs is in accordance with the Law Relating to Food Processing and Distribution. In addition, care must be taken that the products comply with the standards specified in the biological waste ordinance regarding the level of toxic substances. Plants manufac-turing products from BM require approval according to the Building Law and the Emission Control Law. Cross-border purchase of raw materials and sale of products generally start with a letter of intent. The structure of the actual international contract of delivery essentially follows the Anglo-American law of contract. Regulations regarding passing of risk and terms of delivery may be based on the "Incoterms" of the UN Uniform Law on the Sale of Goods.

KEYWORDS: approval, law, subsidies, letter of intent, contract, permission.

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published: European Compost Network ECN e.V., Wolfsburg 2000 (September 2000), 9|2000
Keywords: Policy Tax Instruments, Germany