The government decree on the mandatory deposit return system of beverage product packaging, starting on 01 January 2024, has been published. With the exception of milk and milk-based beverage products, products subject to mandatory deposit return are all ready-to-drink or concentrate beverage product packaging in the form of bottles or cans with a capacity of between 0.1 and 3 litres, made of plastic, metal or glass. Small volume distributors, which do not place more than 5,000 of such products on the market per year, will not be obliged to participate in the mandatory deposit return system.
The packaging of the products concerned have to bear the markings provided for in the Regulation, with the words “Take me back!” and the indication of the deposit return fee.
The legislation makes a distinction between non-reusable and reusable products among the products subject to the mandatory deposit return system. Non-reusable products will be subject to a deposit return fee of HUF 50 per item, while the deposit return fee for reusable products may be set by the manufacturer of the product. The deposit return fee will now increase the price of the products concerned. In addition, there will be products of which the participation in the deposit return system is voluntary, for which the manufacturer will also be entitled to set the deposit return fee.
The manufacturer is obliged to register the product subject to the deposit return fee on the electronic platform of the MOL MOHU concession company at least 45 days before the product is placed on the market. The manufacturers pay the deposit return fee to MOL on a monthly basis.
The mandatory deposit return must be provided by RVM machines in grocery stores with a sales area of more than 400 square meters, but stores with a sales area of less than that can also join the deposit return system on a voluntary basis. In addition, in all municipalities with a population of more than 1,000 inhabitants, it is compulsory to provide a deposit return point in the absence of a supermarket with the above parameters.
The government decree has granted a moratorium until 30 June 2024 for the phasing out of beverage products already on the market of which the packaging is considered as the subject of the mandatory deposit return system under the new legislation.
BALÁZS & KOVÁTSITS Legal Partnership