§28 National exemptions from Deposit and Return Systems (DRS)

Legal provisions: Article 3(1), point (62), defines ‘deposit and return system’ as ‘a system in which a deposit is charged to the end user when purchasing a packaged or filled product covered by that system and redeemed when the deposit bearing packaging is returned through one of the collection channels that are authorised for that purpose by the national authorities.’ According to Article 50(1), ‘By 1 January 2029, Member States shall take the necessary measures to ensure the separate collection of at least 90 % per year by weight of the following packaging formats made available on the market for the first time in that Member State in a given calendar year: (a) single-use plastic beverage bottles with a capacity of up to three litres; and (b) single-use metal beverage containers with a capacity of up to three litres.’. Article 50(2) provides that ‘In order to achieve the targets set out in paragraph 1, Member States shall take the necessary measures to ensure that deposit and return systems are set up for the relevant packaging formats referred to in paragraph 1 and that a deposit is charged at the point of sale.’ Article 50(5) offers Member States an exemption possibility from the obligation in paragraph 2 under the following conditions: ‘(a) the rate of separate collection as required under Article 48 of the relevant packaging format as submitted to the Commission under Article 56(1), point (c), is 80 % or more by weight of such packaging made available on the territory of that Member State for the first time in the calendar year 2026; and (b) by 1 January 2028, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete measures, including their timeline, that ensure achievement of the 90 % separate collection rate by weight of the packaging referred to in paragraph 1.’ Commission’s interpretation: PPWR does not provide more lenient conditions for border region retailers. On the contrary, it imposes specific obligations (32) on cross-border businesses to prevent circumvention, which could undermine the deposit and return system (DRS) objectives and requirements. The exemption possibility for Member States under Article 50(5) of the PPWR is related to performance criteria and not to geographical criteria and, like any exceptions, must be interpreted restrictively. The two conditions, namely charging a deposit and establishing a DRS, are cumulative because the charging of a deposit is impossible in the absence of a DRS. This is underlined in the definition of deposit and return systems. Consequently, a final distributor can only be exempted from charging a deposit if the Member State, as a whole, has obtained an exemption from setting up a DRS. In other words, the final distributor cannot be exempted from charging a deposit if the Member State in which it is located has a DRS and is therefore obliged to charge a deposit onto consumers from other Member States.

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