§22 Definition of ‘making available’ in the context of compliance with the re-use targets for beverages

Legal provisions: According to Article 29(6), ‘From 1 January 2030, final distributors that make alcoholic and non-alcoholic beverages in sales packaging available on the territory of a Member State to consumers shall ensure that at least 10 % of those products are made available in reusable packaging within a re-use system’. Article 3(11) establishes that ‘making available on the territory of the Member State means any supply of packaging, whether empty or with a product, for distribution, consumption or use on the territory of the Member State in the course of a commercial activity, whether in return for payment or free of charge’. A final distributor is defined in Article 3(1), point (21), as ‘the natural or legal person in the supply chain that delivers packaged products, including through re-use, or products that can be purchased through refill to the end user’. Commission interpretation: For the purpose of this Regulation, a final distributor making beverages in sales packaging available to consumers shall, in most cases, be a retail shop or bars and restaurants in the HORECA sector. In case of distance sales, the final distributor shall be the economic operator that makes the beverage in sales packaging available to consumers via a website. Making available shall not require the actual completion of a sale of the beverage in sales packaging to the consumer. It shall be sufficient that the final distributor offers for sale at least 10 % of its beverages in reusable sales packaging. The reference to a ‘reuse system’ in Article 29(6) refers to the requirements applicable to reuse systems as defined in Annex VI, Part A, of the Regulation. The proper functioning of such a system entails, inter alia, the establishment of appropriate information, display or communication arrangements for consumers, in accordance with Article 12(2), enabling the identification and promotion of the offer of beverages in reusable sales packaging, with a view to their effective placing on the market and commercialisation. The calculation for calculating the re-use targets for beverages shall be laid down in an implementing act adopted pursuant to Article 30(3).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07