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The law surrounding the deposit obligation for single-use beverage packaging

The deposit obligation has been gradually expanded since January 2022 to include various milk drinks, drinkable dietary infant and toddler food, alcoholic beverages such as sparkling wine and wine, mixed beverages containing alcohol, fruit and vegetable juices, and non-carbonated nectars in single-use plastic beverage bottles or beverage cans.

No matter what type of packaging you use to distribute your goods, you have to be registered with the LUCID Packaging Register and indicate which packaging types are distributed under what brand names. That also applies to goods in single-use beverage packaging subject to deposit.

Have you switched your packaging so that it is now subject to deposit in response to the new legal requirements?

If you have changed your beverage packaging due to the amended legal deposit obligation, then you also need to have checked and updated your registration (i.e. your packaging type and brand name entries) accordingly.

 

Heads-up: Grouped packaging for single-use beverage packaging can be subject to system participation. This includes films for bundling beverage bottles, trays, cartons and bottle crates/bottle carriers.

You have to fulfil your system participation requirement by the legal deadline. Failing to comply with this requirement may lead to distribution bans and fines of up to €200,000.

Milk and dairy drinks as well as other drinkable dairy products

New rules in place since January 2024 – an overview

Single-use plastic beverage bottles for the following milk drinks in quantities between 0.1 and 3 litres are now subject to deposit:

  • Milk and dairy drinks with at least 50 percent milk content or

  • Other drinkable dairy products as set out in section 2 of the Milk and Margarine Act (MilchMargG), especially yoghurt and kefir

Sparkling wine, wine, sparkling wine- and wine-based cocktails, beverages and mixed beverages similar to wine, alcohol products and mixed beverages containing alcohol, fruit and vegetable juices, non-carbonated fruit and vegetable nectars

For beverages from the mentioned product areas, the first stage of the extended deposit obligation for single-use beverage packaging entered into force on 1 January 2022. Certain single-use packaging for these beverages has been subject to deposit since then. The first stage also concerned beverage cans filled with

  • milk and dairy drinks as well as other drinkable dairy products and

  • dietary beverages for infants or toddlers.

Exemptions from the deposit obligation

Certain single-use beverage packaging ...

  • is expressly exempt from the deposit obligation due to its volume. The exemption applies to packaging with a volume of less than 0.1 and more than 3.0 litres.

  • is expressly exempt from the deposit obligation due to its design. Exemptions apply exhaustively to square, gable-top or cylindrical beverage cartons, or tubular bags for beverages made from polyethylene, or foil stand-up pouches.

  • ... is expressly exempt from the deposit obligation due to its contents (cf. section 31 (4) no. 7 VerpackG (Packaging Act)), with beverage cans always being subject to deposit regardless of their contents. The same applies to single-use plastic bottles for beverages with a few exceptions.

  • ... for which it can be documented that its sole purpose is to be handed over to final consumers outside of Germany (exports).