Zálohování PET lahví a plechovek se zřejmě odkládá

The draft amendment, primarily aimed at introducing a deposit system for selected single-use beverage packaging, specifically plastic (PET) bottles and cans, was distributed to members of parliament in October 2024 as parliamentary print no. 818. We informed you about this draft amendment HERE.

The draft amendment is still in its first reading, with the discussion of this parliamentary print having been suspended since 12 March 2025. The proposed amendment aims  to ensure the transposition of Directive (EU) 2019/904 of the European Parliament and Council, which sets targets for the separate collection of plastic bottles, aiming to achieve a 90% collection rate of plastic waste by the year 2029.

This amendment has the character of a special legal regulation (lex specialis) in relation to Regulation (EU) 2025/40 of the European Parliament and Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (hereinafter referred to as "PPWR Regulation").

Currently, it is likely that the draft amendment will not be approved in the regular legislative process during this parliamentary term. If the proposal is not approved, it will "fall under the table" – and a new proposal would have to be submitted and approved by the new Chamber of Deputies following the autumn elections.

If the draft amendment is not approved, the PPWR Regulation outlines minimum requirements in its annex that member states must implement regarding deposit and return systems, including PET bottles and cans, by 1 January 2029. These measures must annually ensure the separate collection of at least 90% of the weight of packaging formats first placed on the market in the respective member state in the relevant calendar year, along with several other administrative and technical requirements.

However, an exemption from the minimum requirements under the PPWR Regulation may be granted if the member state properly implements its own national legislation to achieve the target of separate collection of at least 80% of the weight of affected packaging first placed on the territory of the member state in the calendar year 2026. Therefore, the possibility of introducing its own rules for deposit and separate collection would be a suitable solution.

The current sorting system in the Czech Republic is reaching its limits, and the return rate (sorting) is relatively stagnant. In 2022, 73-75% of PET bottles and only 26% of cans were sorted.

From the wording of the PPWR Regulation and the stagnant return rate of packaged materials, it is more than likely that the Czech Republic will be required to implement a deposit and return system, by no later than 1 January 2029.

We are monitoring the development of this issue and will keep you informed of further progress. If you have any questions about how the proposed changes may affect you, please contact the authors of the article or other members of the EY Law firm or EY team you collaborate with.

Authors:

Jan Turek

Michal Sladký