International Review of Waste Management Policy - Department of ...

17.0 Deposit Refund Scheme - Germany
17.1 Outline of Policy
Mandatory deposits were introduced in Germany in January 2003 for non-refillable
containers (cans, glass and plastic bottles) for water, beer and carbonated soft
drinks. On 28 th of May 2005 the 3 rd amendment of the Packaging Ordinance came
into force. 375 It simplifies the deposit on cans (regulated in Art. 9 of the Packaging
Ordinance). In December 2004 the European Court of Justice confirmed that the
compulsory deposit scheme is, in principle, compatible with EU law. 376 This decision
paved the way for the new provisions.
The new provisions were implemented in two steps. The first step came into force on
the 28th of May 2005: There is only one standard deposit of 25 euro cents for all
sizes of containers ranging from 0.1 litres to 3 litres.
Since May 2006, the third amendment to the German Packaging Ordinance has been
in force – with an extended scope of deposits being levied on non-returnable
beverage packages and the simultaneous launch of a nationwide standardised
clearing system. The deposit was extended to all one-way drinks packaging which is
not “ecologically advantageous” and contains the following beverages (see Article 9,
paragraph 2 of the Packaging Ordinance):
340
� Beer (including alcohol-free beer) and mixed drinks containing beer,
� Mineral water, spring waters, table waters and remedial waters,
� 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, dietetic drinks within the meaning of Article 1
(1) of the Ordinance on Dietetic Foodstuffs (Diätverordnung) and mixes of such
drinks shall not be soft drinks within the meaning of sentence 1.
� Mixed alcoholic drinks
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• produced using
o products which are subject to spirits tax under Article 130 (1) of
the Federal Spirits Monopoly Act (Branntweinmonopolgesetz) or
fermentation alcohol made from beer, wine or wine-like
products, including in processed form, which has been
processed using technology which no longer meets the
375 Ordinance of 21 August 1998 (Federal Law Gazette I p. 2379); as amended by Article 1 Third
Amending Ordinance of 24 May 2005 (Federal Law Gazette I of 27 May 2005, p. 1407); last
amendment by Fifth Ordinance of 2 April 2008.
376 ECJ from 14.12.2004, C-463/01 (Mineralwässer); ECJ from 14.12.2004, C-309/02 (Radlberger).