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Ordinance of the Federal Minister for Climate Protection, Environment, Energy, Mobility, Innovation and Technology on the deposit for disposable beverage packaging made of plastic or metal (Deposit Ordinance for Disposable Beverage Packaging)

On the basis of §§ 12b(1) and (6), 14, 14c, 23(1) and (3), and 28c of the Federal Waste Management Act 2002 (AWG 2002), Federal Law Gazette I No 102/2002, as last amended by Federal Law Gazette I No xxx, the following is decreed in agreement with the Federal Minister of Labour and Economy:

1. Section

FEDERAL LAW GAZETTE
OF THE REPUBLIC OF AUSTRIA
Year 2023 Issued on 25 September 2023 Part II
283. Ordinance: Deposit ordinance for disposable beverage packaging
[CELEX No: 31994L0062, 32004L0012, 32013L0002, 32018L0851,
32018L0852, 32019L0904]
283. Ordinance of the Federal Minister for Climate Protection, Environment, Energy,
Mobility, Innovation and Technology on the deposit for disposable beverage packaging
made of plastic or metal (Deposit Ordinance for Disposable Beverage Packaging)
On the basis of §§ 12b(1) and (6), 14, 14c, 23(1) and (3) and 28c of the Federal Waste Management
Act 2002 (AWG 2002), Federal Law Gazette I No 102/2002, as last amended by Federal Law Gazette I
No 66/2023, the following is decreed in agreement with the Federal Minister of Labour and Economy:
1. Section
General information

Objectives

§ 1. The objectives of this Regulation are:

1. the achievement of the collection targets in the amount of at least 80 % starting from the year 2025 and at least 90 % starting from the year 2027;

2. high-quality recycling of packaging waste;

3. the re-use of plastic recycled plastics and recycled metals in beverage containers; and

4. prevention of littering from single-use beverage packaging made of plastic and metal.

§ 1. The objectives of this Regulation are:
1.the achievement of the collection targets in the amount of at least 80 % starting from the year
2025 and at least 90 % starting from the year 2027;
2.high-quality recycling of packaging waste;
3.the re-use of plastic recycled plastics and recycled metals in beverage containers; and
4.prevention of littering from single-use beverage packaging made of plastic and metal.
Scope

§ 2. (1) This Regulation shall applies to single-use beverage packaging made of plastic and metal placed on the market in Austria.

(2) In the case of distance sales within the meaning of § 3 point 2 of the Distance and Foreign Transactions Act (FAGG), Federal Law Gazette I No 33/2014, by a mail order trader that has no registered office or no establishment in Austria, the packaging delivered to Austria and the packaging waste subsequently accumulated are also subject to the scope of the Regulation.

(3) The provisions of the Packaging Ordinance 2014, Federal Law Gazette II No 184/2014, as amended, remain unaffected.

§ 2. (1) This Regulation shall applies to single-use beverage packaging made of plastic and metal
placed on the market in Austria.
(2) In the case of distance sales within the meaning of § 3 point 2 of the Distance and Foreign
Transactions Act (FAGG), Federal Law Gazette I No 33/2014, by a mail order trader that has no
registered office or no establishment in Austria, the packaging delivered to Austria and the packaging
waste subsequently accumulated are also subject to the scope of the Regulation.
(3) The provisions of the Packaging Ordinance 2014, Federal Law Gazette II No 184/2014, as
amended, remain unaffected.
Definitions

§ 3. For the purposes of this Ordinance the following is or are

1. ‘Beverage packaging’ means closed or predominantly closed sales packaging for beverages.

2. ‘Single-use plastic beverage packaging’ means single-use plastic beverage bottles which are either wholly or partially made of plastic, including their labels, caps and closures that are not designed, developed and placed on the market to undergo multiple product cycles during their life cycle. Exempted are

a) glass or metal beverage bottles that have caps or closures made of plastic;

b) beverage bottles intended for liquid foods for special medical purposes as defined in Article 2(g) of Regulation (EU) No 609/2013 on foods for infants and young children, foods for special medical purposes and daily rations for weight controlled diets and repealing Directive 92/52/EEC, Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC and Regulations (EC) No 41/2009 and (EC) No 953/2009; OJ L 181, 29.6.2013,

p. 35, as last amended by Delegated Regulation (EU) 2021/571, OJ L 120, 8.4.2021 p. 1, and are used for that purpose;

c) beverage boxes.

3. ‘Disposable beverage packaging made of metal’ means beverage cans or bottles made either in whole or in part made of ferrous metal or aluminium, including their labels, caps and closures, that are not designed, developed and placed on the market to undergo multiple product cycles during their life cycle.

4. ‘Initial distributors’ means primary obliged parties according to § 13g AWG 2002 or, in the case of contract bottling, the principals of contract bottlers.

2. Section

§ 3. For the purposes of this Ordinance the following is or are
1.‘Beverage packaging’ means closed or predominantly closed sales packaging for beverages.
2.‘Single-use plastic beverage packaging’ means single-use plastic beverage bottles which are
either wholly or partially made of plastic, including their labels, caps and closures that are not
designed, developed and placed on the market to undergo multiple product cycles during their
life cycle. Exempted are
a)glass or metal beverage bottles that have caps or closures made of plastic;
b)beverage bottles intended for weaning food and liquid foods for special medical purposes as
defined in Article 2(g) of Regulation (EU) No 609/2013 on food intended for infants and
young children, food for special medical purposes, and total diet replacement for weight
control and repealing Directive 92/52/EEC, Directives 96/8/EC, 1999/21/EC, 2006/125/EC
and 2006/141/EC, Directive 2009/39/EC and Regulations (EC) No 41/2009 and (EC)
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Federal Law Gazette (BGBl.) II – Issued on 25 September 2023 – No 283 2 of 9
No 953/2009; OJ L 181, 29.6.2013, p. 35, as last amended by Delegated Regulation
(EU) 2021/571, OJ L 120, 8.4.2021 p. 1, and are used for that purpose,
c)beverage boxes.
3.‘Disposable beverage packaging made of metal’ means beverage cans or bottles made either in
whole or in part made of ferrous metal or aluminium, including their labels, caps and closures,
that are not designed, developed and placed on the market to undergo multiple product cycles
during their life cycle.
4.‘Initial distributors’ means primary obliged parties according to § 13g AWG 2002 or, in the case
of contract bottling, the principals of contract bottlers.
2. Section
Disposable deposit

Deposit collection for disposable beverage packaging

§ 4. (1) As of 1 January 2025, anyone who commercially places beverages in single-use beverage packaging made of plastic or metal with a filling volume of 0.1 to 3.0 litres on the market must collect a deposit of EUR 0.25 for each packaging from the respective customer on behalf of and for the account of the central body. Initial distributors shall report the deposit amounts collected to the central body at least monthly.

(2) By way of derogation from paragraph 1, beverages in single-use beverage packaging made of plastic or metal may be sold without collecting a deposit until the end of December 31, 2025, if they are bottled before March 1, 2025.

(3) All types of beverages with the exception of milk and milk mixed beverages as defined in the Austrian Food Codex (Codex Alimentarius Austriacus, Codex Chapter/B32) are covered by the deposit obligation pursuant to Par. 1.

(4) Initial distributors are obliged to register with the central body and to conclude a contract with the central body. In addition, initial distributors are obliged to register the types of containers they place on the market in accordance with paragraphs 1 to 3 with the central body and to pay the intended producer contributions or registration costs.

§ 4. (1) As of 1 January 2025, anyone who commercially places beverages in single-use beverage
packaging made of plastic or metal with a filling volume of 0.1 to 3.0 litres on the market must collect a
deposit of EUR 0.25 for each packaging from the respective customer on behalf of and for the account of
the central body. Initial distributors shall report the deposit amounts collected to the central body at least
monthly.
(2) By way of derogation from paragraph 1, beverages in single-use beverage packaging made of
plastic or metal may be sold without collecting a deposit until the end of 31 December 2025, if they are
bottled before 1 April 2025.
(3) All types of beverages with the exception of milk and dairy product beverages as defined in the
Austrian Food Codex, Chapter 'Milk and dairy products' (Codex Alimentarius Austriacus, Codex
Chapter/B32) are covered by the deposit obligation pursuant to paragraph 1.
(4) Initial distributors are obliged to register with the central body and to conclude a contract with
the central body. In addition, initial distributors are obliged to register the types of containers they place
on the market in accordance with paragraphs 1 to 3 with the central body and to pay the intended
producer contributions or registration costs.
Return of single-use beverage packaging subject with a deposit and payment of the deposit amount

§ 5. (1) Each final distributor of single-use beverage packaging subject to deposit pursuant to § 4 shall, take these back from the final consumer during normal business hours against payment of the deposit amount of EUR 0.25 per packaging if they have been emptied of their contents. The return can be done by means of automatic return machines or manually.

(2) By way of derogation from paragraph 1, operators of points of sale where the return is not carried out via a reverse vending machine shall only take back at that point of sale those single-use beverage packaging for which a deposit has been paid which corresponds to the single-use beverage packaging offered in regard of packaging material and filling volume. These operators only have to take back the number of single-use beverage packaging that final consumers usually purchase at this point of sale.

(3) By way of derogation from paragraph 2, several operators of points of sale in highly frequented locations, such as in particular airports, railway stations or shopping centres, may also designate a common alternative return point at which the final consumers can return the deposit containers. This point of return must be in close proximity to the points of sale. Final consumers must be clearly informed of these return options at the points of sale. Any deposit vouchers issued there must be able to be redeemed in the immediate vicinity of the vending machine. Final distributors have to inform final consumers at the vending machine clearly about these return options.

(4) Operators of catering establishments, such as, in particular, accommodation establishments, restaurants, cafés, catering establishments or sausage stands, are considered to be final distributors. Operators of catering establishments from which, as a rule, no single-use beverage packaging is taken, do not have to collect and refund a deposit from the consumer for single-use beverage packaging that remains on site, in derogation of § 4 and paragraph 1, and there is also no obligation to accept returns. If single-use beverage packaging is taken from the premises, the operators of catering establishments are obliged to accept returns in accordance with paragraph 2.

(5) By way of derogation from paragraph 1, final distributors selling single-use beverage packaging with a deposit from vending machines shall pay the central body a compensation fee per container determined by that central body, which is based on the cost of additional redemption at other redemption

points, unless the final distributor can prove to the central body that a return option exists in the immediate vicinity of the vending machine. Final distributors have to inform final consumers at the vending machine clearly about these return options.

(6) In case of sales via delivery services, in particular via online trading, the final distributor must ensure a return and deposit refund upon delivery. By way of derogation from paragraph 1, the deposit amount may be paid out by the same way as the settlement of the order. Only those single-use beverage packaging with a deposit that corresponds to the single-use beverage packaging offered by packaging material and volume are to be taken back. These final distributors only have to take back the number of single-use beverage packaging that final consumers usually order. Postal, parcel or other freight transport service providers are exempt from these obligations.

(7) By way of derogation from paragraphs 1 and 6, in the case of the sale of single-use beverage packaging with a deposit, where the delivery is made via postal service, parcel service or other freight transport service providers, the final distributor must pay the central body a compensatory contribution per container determined by that central body, which shall be based on the cost of the additional redemption from other collection points. The same applies to food deliveries from restaurants and third parties commissioned by them.

(8) Voluntary return of single-use beverage packaging subject to deposit in accordance with § 4 may also be carried out at return points contractually integrated by the central body. Such contracts shall be concluded with particular regard to cost-efficiency, accessibility for final consumers and geographical distribution.

(9) Voluntary acceptance of returns can also be agreed by the organiser with the central body for events, where beverages in single-use beverage packaging are only placed on the market and taken back for a limited period of time. Furthermore, a voluntary redemption within the framework of fund-raising campaigns can be agreed with the central body.

§ 5. (1) Each final distributor of single-use beverage packaging subject to deposit pursuant to § 4
shall, take these back from the final consumer during normal business hours against payment of the
deposit amount of EUR 0.25 per packaging if they have been emptied of their contents. The return can be
done by means of automatic return machines or manually.
(2) By way of derogation from paragraph 1, operators of points of sale where the return is not carried
out via a reverse vending machine shall only take back at that point of sale those single-use beverage
packaging for which a deposit has been paid which corresponds to the single-use beverage packaging
offered in regard of packaging material and filling volume. These operators only have to take back the
number of single-use beverage packaging that final consumers usually purchase at this point of sale.
(3) By way of derogation from paragraph 1, several operators of points of sale in highly frequented
locations, such as in particular airports, railway stations, shopping streets or shopping centres, may also
designate a common alternative return point at which the final consumers can return the deposit
containers. This point of return must be in close proximity to the points of sale. Any deposit vouchers
issued at this point of return must be able to be redeemed in the immediate vicinity. Final distributors
have to inform final consumers clearly about these return options and the options of redeeming the
deposit vouchers.
(4) Operators of hotel and restaurant establishments, such as, in particular, accommodation
establishments, restaurants, cafés, catering establishments or sausage stands, placing single-use beverage
packaging on the market according to § 4, are considered to be final distributors. Operators of hotel and
restaurant establishments from which, as a rule, no single-use beverage packaging is taken, do not have to
collect and refund a deposit from the consumer for single-use beverage packaging that remains on site, in
derogation of § 4 and paragraph 1, and there is also no obligation to accept returns.
(5) By way of derogation from paragraph 1, final distributors selling single-use beverage packaging
with a deposit from vending machines shall pay the central body a compensation fee per container
determined by that central body, which is based on the cost of additional redemption at other redemption
points, unless the final distributor can prove to the central body that a return option exists in the
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Federal Law Gazette (BGBl.) II – Issued on 25 September 2023 – No 283 3 of 9
immediate vicinity of the vending machine. Final distributors have to inform final consumers at the
vending machine clearly about these return options.
(6) In case of sales via delivery services, in particular via online trading, the final distributor must
ensure a return and deposit refund upon delivery. By way of derogation from paragraph 1, the deposit
amount may be paid out by the same way as the settlement of the order. Only those single-use beverage
packaging with a deposit that corresponds to the single-use beverage packaging offered by packaging
material and volume are to be taken back. These final distributors only have to take back the number of
single-use beverage packaging that final consumers usually order. Postal, parcel or other freight transport
service providers are exempt from these obligations.
(7) By way of derogation from paragraphs 1 and 6, in the case of the sale of single-use beverage
packaging with a deposit, where the delivery is made via postal service, parcel service or other freight
transport service providers, the final distributor must pay the central body a compensatory contribution
per container determined by that central body, which shall be based on the cost of the additional
redemption from other collection points. The same applies to food deliveries from restaurants and third