Can Deposit – Legal Foundations and Systematics
Das Can Deposit refers to the deposit system introduced in Germany for single-use beverage packaging, particularly cans and certain types of bottles, aimed at promoting resource conservation, reintegration into the recyclable materials cycle, and waste prevention. This deposit is legally governed by a variety of laws, ordinances, and administrative regulations, primarily by the Packaging Act (VerpackG).
Legal Classification of the Can Deposit System
Historical Development
The legal foundations of the can deposit were introduced in Germany in 2003. Prior to this, a voluntary return system existed for beverage cans and single-use bottles. The mandatory deposit was introduced with an amendment to the Packaging Ordinance and was further superseded by the Packaging Act as of January 1, 2019.
Relevant Legal Sources
- Packaging Act (VerpackG): Main legal basis for the deposit system in Germany, particularly in §§ 31-34 VerpackG.
- Packaging Ordinance (VerpackV, repealed): Previous legal basis until the Packaging Act came into force.
- Other Legal Provisions such as the German Circular Economy Act (KrWG), complement the regulations on the return and recycling of single-use packaging.
Substantive Design of the Can Deposit
Deposit-Eligible Packaging
The Packaging Act differentiates between single-use and reusable packaging. The can deposit applies exclusively to single-use beverage packaging, including:
- Beverage cans (aluminum, tinplate)
- Single-use bottles made of glass or plastic
- Beverage packaging of certain fill volumes (0.1 to 3 liters)
Packaging for milk, milk-based drinks, or certain beverages such as juice/nectar with less than 50 percent fruit content, for example, is not subject to deposit (so-called “grounds for exclusion” under § 31 (4) VerpackG).
Amount and Payment of the Deposit
According to the regulation, the can deposit in Germany is currently 0.25 euros per packaging unit (§ 31 (3) VerpackG). In the course of distribution, the deposit must be shown as a separate item from the product price. The obligation to pay lies with the end consumer upon purchase of a deposit-eligible package; upon return, the amount is refunded to the consumer.
Obligated Parties and Duties
Return Obligation and Actors
According to § 31 (1) VerpackG, all distributors placing beverages in single-use packaging on the market are obligated to accept returns. This applies in particular to:
- retailers (sales outlets of 200 m² or more with a broad beverage range)
- vending machine operators
- wholesale companies
Smaller outlets under 200 m² are only required to take back the brands they themselves offer (§ 31 (2) VerpackG).
Return Modalities
The return must generally be independent of the purchase receipt . The only restriction concerns the system affiliation of the packaging. Empty containers must be linked to the distributor’s system (usually confirmed by pictograms/barcode).
Deposit Control and System Participation
Manufacturers and distributors must, under the Packaging Act, register with a deposit system and clearly label their products (deposit logo, barcode). System operators ensure the return and recycling of single-use packaging.
Sanctions and Monitoring
Supervision and Control
The monitoring of compliance with deposit obligations falls to the competent authorities at the state level (supervisory authorities, e.g., environmental agencies). These conduct spot checks and inspections in trade and distribution.
Sanctions for Violations
The Packaging Act provides for substantial fines in the event of violations of deposit, return, and labeling obligations (§ 69 VerpackG). Breaches of deposit regulations can be fined up to 100,000 euros per individual case. In addition, there is a risk of injunctions and mandatory returns.
Deposit System in a European Context
There is no unified regulation for single-use deposit systems in the European Union. Germany is considered a pioneer with its can deposit, while other member states such as Sweden, Finland, or Lithuania also operate individual systems. Coordination with European legal requirements, such as the Single-Use Plastics Directive, remains a political and legal development process.
Objective and Environmental Law Context
The can deposit serves to direct waste streams and implement the objectives of the German Circular Economy Act. It stimulates the reintegration of materials into the raw materials cycle and is intended to curb littering by single-use packaging.
Practical Questions and Controversies
System Evasion and Grey Areas
There are recurring legal issues regarding systematic circumvention, such as for imported cans from abroad, unregistered single-use packaging, or distribution in border regions.
Return Machines and Technical Implementation
Retailers use automated return systems (deposit machines) to efficiently and verifiably fulfill their legal return obligations. Technical malfunctions or cases of misuse are common in practice and are regularly the subject of judicial and non-judicial disputes.
Summary
The can deposit in Germany is a thoroughly regulated system firmly anchored in the Packaging Act. It regulates in detail which single-use beverage packaging is subject to deposit, who is obliged to accept the return and pay out the deposit, and what sanctions are imposed for non-compliance. The system’s goal is to protect the environment and resources by promoting recycling and waste prevention. The can deposit is a significant component of national waste policy and is integrated into a Europe-wide context of different regulatory approaches to single-use beverage packaging.
Frequently Asked Questions
Who is required under the Packaging Act (VerpackG) to label single-use beverage cans with a deposit and charge the deposit?
In the legal context, manufacturers and distributors who first place single-use beverage packaging – such as single-use cans – on the market are required under § 31 VerpackG to charge a deposit of currently 0.25 euros per can. This obligation applies to all companies that hand over filled single-use beverage cans within Germany to final distributors (retailers) or directly to end consumers. Imported cans and cans from abroad are also included, provided they are sold on the German market. The final distributor is required to indicate the deposit separately on sale and ensure the return of empty cans as well as the refund of the deposit amount. Violations of the deposit obligation can be prosecuted as administrative offenses under § 69 VerpackG.
What exemptions from the can deposit requirement does the Packaging Act provide?
The Packaging Act provides certain exemptions from the deposit obligation for specific beverages. These include, for example, packaging for milk and dairy products as well as medical specialty foods (§ 31 (4) VerpackG). Cans of fruit and vegetable juices were originally excluded in certain cases but have gradually been included as the deposit obligation was extended. For beverage packaging explicitly labeled as reusable, the single-use deposit does not apply; however, participation in a reusable system is required. What is decisive is whether the respective can packaging falls under the product groups specified in the Act.
Are foreign companies that export cans to Germany also subject to the German can deposit?
Yes, foreign companies that place single-use beverage cans on the German market are also required under § 31 VerpackG to charge the German can deposit. They must ensure that their products are integrated into the single-use deposit system, which includes registration with the so-called Central Agency Packaging Register (ZSVR). Violations can result in fines and a distribution ban. Importing wholesalers or retailers are considered “distributors” and must also observe all necessary legal steps.
What requirements apply to the return and refund of the deposit by outlets?
Outlets that place single-use cans on the market are legally obliged to accept empty, fully emptied cans of the same material and size back, regardless of brand; this also applies if the consumer did not purchase the can there (§ 31 (2) VerpackG). This obligation applies without restriction to outlets with a sales area larger than 200 m². Smaller outlets are only required to accept brands they themselves carry. The full deposit amount must be refunded immediately upon surrender of the can; cash or electronic payments are legally permitted. Automated return systems are recognized as a means of compliance.
What labeling requirements exist for deposit-eligible cans?
Deposit-eligible cans must be clearly labeled pursuant to § 32 VerpackG and relevant legal ordinances. This is usually done by printing a nationwide standardized deposit logo (“Mehrweg/Pfand” or “Einweg/Pfand”) on the packaging, which clearly indicates to end consumers that the deposit obligation applies. This labeling must be permanent and easily visible on the packaging. Missing or misleading labeling constitutes an administrative offense and may result in sales bans or fines. In addition to the labeling, corresponding information must generally be provided on sales receipts as well.
How is the monitoring and enforcement of the deposit obligation supervised by law?
The legal monitoring and enforcement of the deposit requirement is carried out by both the Central Agency Packaging Register (ZSVR) and the state authorities responsible for the enforcement of the Packaging Act. As part of market surveillance, spot checks, inspections, and reviews of registration, system participation, and compliance with deposit obligations are carried out. Manufacturers and distributors are subject to extensive documentation and proof requirements and must present documents upon request. In the event of violations, fines are imposed and distribution bans may be imposed for products not properly licensed.
What sanctions apply for non-compliance with the can deposit requirement?
Violations of the deposit requirement, such as failure to collect the deposit, inadequate returns, incorrect labeling, or omitted registration, are administrative offenses under § 69 VerpackG. Authorities can impose substantial fines on manufacturers, distributors, and final distributors; these can reach up to 200,000 euros depending on the type of violation. There is also the risk of distribution bans and public naming (“naming and shaming”) in the Packaging Register. Repeated or intentional violations can lead to permanent exclusion from markets and damage the ability to obtain approval for future sales activities.
