§32 Separate collection rate of deposit-bearing packaging in 2026 and obligation to set up a DRS by 2029

Legal provisions: Article 50(1) states that ‘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) establishes 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) states that ‘Member States may be exempt from the obligation under paragraph 2 if: (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. It is further specified, that for the purposes of point (a), where the information on the rate of separate collection of the relevant packaging format has not yet been submitted to the Commission, the Member State shall provide a reasoned explanation as to how the conditions for the exemption set out in this paragraph are otherwise fulfilled. The reasoned explanation shall be based on validated national data and include a description of the measures implemented’. Commission’s interpretation: Member States must ensure that 90 % of single use plastic bottles and metal containers, as specified in Article 50(1), are separately collected by 1 January 2029. To achieve these collection targets, Member States should ensure that they have established a deposit and return system (DRS) for the relevant packaging formats, that is fully operational by 1 January 2029, unless the Member State has asked for an exemption by 1 January 2028 and has received a positive reply or no answer within three months from the receipt of the implementation plan. If Member States fulfil the cumulative requirements for an exemption from setting up a DRS laid down in Article 50(5), they can be exempted from the obligation of setting up a DRS. If a Member State wishes to use that exemption, it needs to separately collect 80 % of single-use plastic bottles and metal containers made available on the territory of that Member State in the calendar year 2026. This is to be reported to the European Commission at the latest by 1 July 2028. Such data would be based on estimated collection rates, but Member States should include available data for collection of single-use plastic bottles as required under SUPD. If the Member State does not fulfil the 80 % collection target, it does not qualify for an exemption. According to the PPWR, a Member State must also present an implementation plan at the latest by 1 January 2028. It is the Commission’s interpretation that the option for an exemption is to be considered a ‘one-off option’. If a Member State does not apply for an exemption following the provisions and dates established in Article 50, it must establish a DRS. If a Member State has received an exemption and does not separately collect 90 % of the single-use beverage packaging for three consecutive years, the exemption will no longer apply, as specified in Article 50(7) of the PPWR. The Member State will then have to establish a DRS by 1 January of the second calendar year following the year in which the Commission notified the Member State that the exemption no longer applies.

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