Chronicle of the deposit discussion

• 1991
  The packaging legislation was ratified in Germany.  This stipulates that at least 72% of each individual type of beverage must be filled in refillable containers.  If the quota drops below this level, then one-way containers shall be subject to a mandatory deposit.
  Background: Rising quantities of waste in Germany, the Federal Government therefore defined recycling targets for packaging - in addition a refillables quota of 72% is stipulated solely for beverage containers.
  
• 1992
  The "Duales System Deutschland/Green Dot" is established: The organisation sets up a Germany-wide uniform collection system for retail packaging.  As a result of this, the recycling quotas, e.g. for metal containers, rose from 37% in 1991 to more than 80% in 2002.
  
• 1997
  The refillables quota drops below 72% for the first time (71.33%)
  
• January 2003
  The Federal Government imposes a mandatory deposit on one-way containers.  As there is no Germany-wide uniform return system in place, a transitional solution applies until 1.10.2003.  During this period, the retail trade was only obliged to take back the containers which it had actually sold.  Consumers could only obtain a deposit refund by presenting a receipt.
  
• July 2003
  The Government and Bundestag decide to amend the packaging legislation: In future, a deposit will be levied only on “ecologically disadvantageous” one-way packaging. However, the amendment fails to define the criteria a package must meet to qualify as „ecologically advantageous” and be exempted from the deposit.
  
• September 2003 through October 2004
  The Bundesrat keeps postponing the vote on the amendment to the packaging legislation passed by the Bundestag. Whether the deposit will continue to exist and if so, in what form remains unclear one and a half years after its introduction. 
  
• October 2003
  Since October 1, 2003, the retail has been obliged to take back all one-way containers, even those from competitors. Fines can be imposed for breach of obligation to take back containers. Virtually all large retail chains therefore de-listed one-way containers completely effective October 1. They only sell individually designed PET one-way containers because the packaging legislation permits so-called "individual group solutions". Consequently retailers can restrict their obligation to taking back individual, specially designed one-way containers.
  The practice of individual group solutions put the beverage can at a considerable disadvantage. For, in contrast to the PET bottle, proposed changes to the shape of the beverage can were not accepted by the authorities at first.
  
• October 2004
  On 15 October 2004, the Bundesrat agrees on Bavaria’s proposal of a new regulation for the one-way deposit. According to this proposal, there is to be a standard deposit of 25 cent on beer, alcopops, soft drinks (carbonated and non-carbonated) and mineral water in future. Drinks cartons as well as wine, juice and milk will remain exempt. In line with usual legislation procedures, the Government has to transpose the Bundesrat resolution into an amendment, which must then be referred to and voted on by both the Bundestag and Bundesrat.
  
• November 2004
  The Bundestag approves the amendment of the packaging legislation, which is more or less a transposition of the Bundesrat’s resolution of October. In addition, the amendment stipulates a partial elimination of individual group solutions: Retail chains will in future have to accept all empty one-way packaging subjected to a mandatory deposit, even if this particular type of package is not listed in their shops. However, the take-back obligation is material-specific, i.e. only an outlet that sells PET needs to accept returned PET packaging.
  
• December 2004
  On 14 December, the European Court of Justice reaches the conclusion that current German deposit rules infringe EU legislation. According to the ruling, the German deposit system hampers the free movement of goods in the EU, unless all producers and distributors of beverage packaging are granted an adequate transition period and can take part in a nationwide return system. It is up to the Government to ensure that the system is effective and that there is a sufficient number of take-back points available when the deposit is introduced. The Court does not consider individual group solutions an adequate substitute for such a system, as they put foreign suppliers at a disadvantage. Just three days after the Court ruling, on 17 December, the Bundesrat passes the amendment to the packaging legislation. Essential elements of the Court’s provisions are not reflected in the amendment.
  The new regulations are expected to come into force in May 2006.