lexiara

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