Requirements for re-use systems
1. General requirements for re-use systems
All re-use systems shall:
(a) have a clearly defined governance structure as described in the governance guidelines;
(b) have a governance structure that:
(i) ensures that the objectives of the system in the governance guidelines and, if applicable, the re-use targets and any other objectives of the system can be met;
(ii) allows for equal access and fair conditions of all economic operators wishing to become a part of the system;
(iii) allows for equal access and fair conditions for all end users;
(c) be designed to ensure that reusable packaging rotating within them completes at least the minimum intended number of rotations as set out in the delegated act adopted pursuant to Article 11(2);
(d) have rules defining their functioning, including requirements for packaging use, that are accepted by all system participants and which:
(i) specify types and design of packaging allowed to circulate in the system;
(ii) describe the products intended to be used, filled or transported through the system;
(iii) specify the terms and conditions for proper handling and packaging use;
(iv) specify detailed requirements for packaging reconditioning;
(v) specify the requirements for packaging collection;
(vi) specify the requirements for packaging storage;
(vii) specify the requirements for packaging filling or uploading;
(viii)
specify rules to ensure the effective and efficient collection of reusable packaging, including by providing for incentives for end users to return the packaging to the collection points or grouped collection system;
(ix) specify rules to ensure equal and fair access to the re-use system, including for vulnerable consumers;
(e) have a system operator that controls the proper functioning of the system and verifies whether re-use is properly enabled;
(f) have reporting rules allowing to access data on the number of fillings or re-uses (i.e. rotations per category) and rejects, collection rate (i.e. return rates), sales units or equivalent units, including the material and per category, or an average estimation if the calculation is not feasible, number of units of reusable or refillable packaging added to the system, and number of units of packaging that have been handled by the end-of-life plan;
(g) ensure that the design of the packaging is laid down in accordance with mutually agreed specifications or standards;
(h) ensure a fair distribution of costs and benefits for all system participants;
(i) ensure the implementation of the extended producer responsibility obligations for reusable packaging used in the system and that has become waste.
The open loop systems which do not have a system operator shall be exempt from points (b)(i), (e), (f) and (h).
Open loop systems established prior to the entry into force of this Regulation shall be exempt from the requirements under points (a), (b)(i) and (ii), (e), (f) and (h).
2. Requirements for closed loop systems
In addition to the general requirements for re-use systems listed under point 1, closed loop systems shall satisfy the following requirements:
(a) the system has reverse logistics facilitating transfer of the packaging from the end users back to the system participants;
(b) the system ensure the collection, reconditioning and redistribution of packaging;
(c) system participants are obliged to take the packaging back from the collection point if it has been used, collected and stored in accordance with the system rules.
3. Requirements for open loop systems
In addition to the general requirements for re-use systems listed under point 1, open loop systems shall satisfy the following requirements:
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