Term and legal basis of the one-way deposit
Das One-way deposit refers to a legally regulated deposit system in Germany that is levied on certain single-use beverage containers. The aim of the one-way deposit is to promote a higher collection and recycling rate as well as to reduce environmental impacts caused by single-use packaging. The legal basis for the one-way deposit is primarily the Packaging Act (VerpackG).
Statutory regulations and scope of application
Packaging Act and deposit obligation
The Packaging Act (VerpackG), which has been in force since January 1, 2019, regulates the deposit obligation for single-use beverage packaging in §§ 31 to 34. The obligation to charge a deposit applies when certain filled one-way beverage containers are placed on the market for the first time and then sold commercially to the end consumer.
Packaging subject to a deposit
The deposit obligation applies in particular to:
- Single-use plastic bottles with a fill volume between 0.1 and 3.0 liters,
- Single-use beverage cans made of aluminum or tinplate.
This covers numerous types of beverages such as mineral water, soft drinks, beer, mixed drinks based on beer, and other non-alcoholic as well as alcoholic beverages. Currently exempt are, among others, milk, milk-based drinks, and certain juices.
Single-use packaging is subject to the deposit requirement if it is “intended for single use” and does not belong to the system of refillable packaging with return and refilling.
Exceptions and extensions of the deposit obligation
The law provides for specified exceptions, particularly for certain beverage categories and packaging materials. Through repeated amendments to the Packaging Act, the scope has been continuously expanded, for example, by gradually including fruit juices and milk drinks.
Amount of the deposit
The statutory deposit amount for single-use beverage containers subject to deposit is uniformly €0.25 (25 cents) per package according to § 31 (1) VerpackG.
Deposit cycle and return obligations
Deposit collection and return
When purchasing an affected product, the end consumer pays the legally specified deposit amount in addition to the actual product price. Returns are usually made at retail stores, which are obliged to accept the returns and refund the deposit, provided they carry corresponding packaging in their assortment.
Obligation of distributors to accept returns
According to § 31 (2) VerpackG, distributors placing beverages in one-way deposit packaging on the market are obliged, under the so-called “free return system”, to accept empty deposit packaging and refund the deposit amount. Small shops with a floor area of less than 200 m² are only obliged to accept packaging that they also carry in their product range.
Automated return systems
To fulfill the return obligation, automated return systems (deposit machines) have become widely established, which handle the identification of the packaging and the payout of the deposit.
System of deposit labels
Single-use beverage containers subject to deposit must be visibly labeled with a deposit label. The labeling requirement serves to provide clarity for consumers and facilitate handling within return systems, as well as to ensure the enforceability of the statutory regulations.
Legal consequences in case of violations
Administrative offenses and sanctions
Violations of the deposit obligations, such as placing unlabeled packaging on the market, failing to collect the deposit, or refusing to accept returns, constitute administrative offenses under § 69 VerpackG. These can be sanctioned with substantial fines, sometimes up to €100,000 per individual case.
Supervision and enforcement
Compliance with statutory requirements is monitored by the competent state authorities. The Central Packaging Register (ZSVR) takes on a coordinating and monitoring function. Offenses can be discovered through official inspections as well as through reports by third parties.
Relation to the reusable deposit
The one-way deposit is strictly to be distinguished from the reusable deposit. While the reusable deposit serves the return and refilling of reusable packaging, the one-way deposit is an incentive system to increase the return and material recycling of single-use packaging. The legal bases and deposit systems differ particularly in terms of the material cycle, obligations, and objectives.
International context and development
Germany is considered a pioneer within the European Union in the area of the one-way deposit system. With the introduction and continual expansion of the deposit obligation, the Federal Republic fulfilled numerous requirements of the European waste framework and packaging directives. Through amendments to the Packaging Act and the extension of the deposit obligation to further packaging categories, the aim is to sustainably achieve European and national recycling targets.
References and further regulations
- § 31-34 VerpackG (Packaging Act)
- Directive 94/62/EC on packaging and packaging waste
- Information from the Central Packaging Register (ZSVR)
Summary
The one-way deposit is a legally prescribed instrument to promote the return and material recycling of single-use beverage packaging. Its legal basis is the Packaging Act, which regulates the deposit amount, scope, return obligations, and sanctions in detail. With the deposit system, the legislator pursues the goals of resource conservation, waste prevention, and environmental protection. Mandatory labeling, a uniform deposit amount, and strict monitoring ensure proper implementation and make a significant contribution to achieving Europe-wide recycling targets.
Frequently asked questions
To what extent does the deposit obligation for single-use beverage packaging apply under German law?
The deposit obligation for single-use beverage packaging is regulated under German law, in particular by the Packaging Act (VerpackG). It applies to single-use packaging made of glass, plastic, and metal that is filled with soft drinks, beer, mineral water, and certain other beverages. Excluded are, for example, milk and milk-based beverages as well as packaging with a fill volume of less than 0.1 liter or more than 3 liters. The deposit obligation arises pursuant to § 31 VerpackG when the respective packaging is placed on the German market by the manufacturer or importer. Retailers are obliged to take back these deposit-bearing single-use packages and refund the deposit amount. The deposit is set by law at a minimum of €0.25 per packaging unit. In the event of non-compliance with the deposit obligation, manufacturers and retailers face fines and, where applicable, the imposition of further regulatory measures.
What legal consequences arise from violations of the single-use deposit obligation?
Violations of the single-use deposit obligation constitute administrative offenses under the Packaging Act (VerpackG) and can be punished with fines of up to €100,000. Typical violations include, among others, failing to collect the deposit at the point of sale, not labeling depositable single-use packaging, and refusal by retailers to accept returns of empty packaging. In addition to fines, official orders such as recalls or sales bans may be implemented. Furthermore, failure to provide labeling can be considered consumer deception, which may give rise to civil claims, particularly by competitors.
Is every retailer obliged to accept single-use packaging returns?
According to § 31 (4) VerpackG, every retailer who sells deposit-liable single-use beverage packaging is also obliged to accept returns. However, this obligation generally only applies to single-use packaging made from the same material also offered by the respective retailer (material identity). Furthermore, the return obligation applies only to sales outlets with a sales area of at least 200 square meters. Smaller shops with less floor space only need to accept packaging that they put on the market themselves. The obligation to accept returns applies regardless of whether the packaging was actually purchased in that particular store.
How is the one-way deposit legally distinguished from the reusable deposit?
One-way and reusable deposits differ legally primarily in their purpose and regulatory framework. The one-way deposit is part of the single-use deposit system and primarily serves the control of the return of non-refillable packaging for material recycling. In contrast, the reusable deposit relates to packaging specifically designed for refilling, for example classic glass or PET reusable beverage bottles. Both deposit systems are regulated by the Packaging Act, but there are additional requirements for reusability and recycling for multi-use systems. The deposit amounts also differ: while the single-use deposit is uniformly set at €0.25, reusable deposit amounts may vary (usually €0.08 to €0.15 for smaller beverage packages, often €0.15 for beer bottles).
What labeling and information obligations are provided for single-use packaging under legal regulations?
According to § 32 VerpackG, there is a labeling obligation for single-use beverage packaging subject to deposit. Packaging must be clearly marked as “one-way” and “subject to deposit”, usually by means of the official DPG logo (Deutsche Pfandsystem GmbH). In addition, information at the point of sale is required to indicate that a deposit is charged for certain beverages. Failure to label is considered an administrative offense and can be punished with fines and other measures. The information obligation also extends to return options: retailers must make it clear which packaging is accepted for return and how the deposit system operates.
How does the deposit obligation apply to imported and exported goods?
The single-use deposit obligation generally applies only upon the first placing of beverages in single-use packages on the domestic market. Importers must ensure, when importing into Germany, that their products satisfy the deposit and labeling requirements. For exports from Germany, the deposit obligation does not apply to such packaging that is not placed on the internal market but exported abroad. Deposits can be refunded if it can be credibly demonstrated that the deposit-bearing goods or empties were actually exported and not circulated in the German market. For specific cases, such as online trade involving cross-border deliveries, additional diligence duties and documentation requirements must be observed.
Are there legal exceptions to the single-use deposit obligation?
Exceptions to the deposit obligation are expressly regulated in the Packaging Act. These concern, for example, beverage cartons, Tetra Paks, pouches, and certain niche products such as dietary drinks, medically indicated liquid food, or alcoholic mixed drinks in cans. The deposit obligation is also suspended for milk and milk-based beverages. The list of exceptions has been significantly shortened through statutory amendments (especially in 2022), so that gradually more packaging is subject to the deposit obligation. If there are uncertainties about whether a product is subject to the single-use deposit obligation, legally binding clarification from the competent state authorities or the Federal Environment Agency is possible.
