Packaging Ordinance Section 9 Obligation to Charge Deposits On and Accept Returned One-Way Drinks Packaging

Packaging Ordinance Section 9 Obligation to Charge Deposits On and Accept Returned One-Way Drinks Packaging

(1) Distributors who put drinks into circulation in one-way drinks packaging with a filling volume of between 0.1 and 3 litres shall be obligated to charge the purchaser a deposit of at least 25 Euro cents including value-added tax per drinks pack. The first sentence above shall not apply to packaging sold to final consumers outside the territorial scope of this Ordinance. The deposit shall be charged by each further distributor at each distribution level until transfer to the final consumer. Distributors shall mark drinks in one-way drinks packaging subject to a compulsory deposit pursuant to the first sentence above as being subject to such deposit in a clearly legible way and in a conspicuous place and shall take part in a nation-wide deposit scheme that allows members of the scheme to manage deposit return claims among themselves. The deposit shall be refunded on acceptance of the returned packaging. Deposits shall not be refunded without packaging being returned. Section 6 subsection (8) shall apply mutatis mutandis to the acceptance of returned packaging. For packaging subject to a compulsory deposit under the first sentence above, in place of section 6 subsection (8), fourth sentence, the obligation to accept returned packaging pursuant to section 6 subsection (8), first sentence shall be limited to packaging of the material type (glass, metals, paper, cardboard or plastics, including all composite packaging containing these main materials) put into circulation by the distributor. For sales from vending machines, distributors shall provide a suitable system for accepting returned packaging and refunding deposits within a reasonable distance from the vending machines. Returned one-way drinks packaging within the meaning of the first sentence above shall primarily be consigned to recycling.

(2) Subsection (1) shall only apply to one-way drinks packaging which is not ecologically advantageous within the meaning of section 3 subsection (4) and which contains the following beverages:

1. Beer (including alcohol-free beer) and mixed drinks containing beer,

2. Mineral waters, spring waters, table waters and remedial waters as well as all other types of drinkable water,

3. Carbonated and non-carbonated soft drinks (specifically lemonades, including cola drinks, fizzy drinks, bitter drinks and ice-tea). Fruit juices, fruit nectars, vegetable juices, vegetable nectars, drinks with a minimum of 50 per cent milk or other milk-derived products and mixes of such drinks as well as dietetic drinks within the meaning of section 1 subsection (2) (c) of the Ordinance on Dietetic Foodstuffs (Diätverordnung) offered for sale exclusively for babies and small children, shall not be soft drinks within the meaning of sentence 1.

4. Mixed alcoholic drinks

a) produced using

- aa) products which are subject to spirits tax under section 130 subsection (1) of the Federal Spirits Monopoly Act (Branntweinmonopolgesetz) or

- bb) fermentation alcohol made from beer, wine or wine-like products, including in processed form, which has undergone technical treatment no longer meeting the requirements for good manufacturing practice and contains less than 15 per cent alcohol per volume or

- containing less than 50 per cent wine or wine-like products, including in processed form.

(3) Manufacturers and distributors of ecologically advantageous one-way drinks packaging as well as of one-way drinks packaging which is not subject to a compulsory deposit pursuant to subsection (2) above shall be obligated to take part in a compliance scheme pursuant to section 6 subsection (3) insofar as such packaging arises at the private final consumer.