d1e2363-1-1__para__3

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 · Text as adopted (Official Journal); later amendments are not incorporated in this text.