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Requirements specific to re-use systems and refill stations For the purposes of this Annex, the following definitions apply:

(a) ‘governance guidelines’ means the governance structure of a re-use system that defines the role of system participants, ownership and any envisaged transfer of ownership of packaging, as well as other relevant governance elements of the re-use system as defined in this Annex;

(b) ‘closed loop system’ means a re-use system in which reusable packaging is circulated by a system operator or a co-operating group of system participants without the change of the ownership of packaging;

(c) ‘open loop system’ means a re-use system in which reusable packaging circulates amongst an unspecified number of system participants, and the ownership of the packaging changes at one or more points in the re-use process;

(d) ‘system operator’ means any natural or legal person who is a system participant and manages a re-use system;

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:

(a) after packaging is used, the system participant decides whether to re-use the packaging or to pass it to another system participant for re-use;

(b) the system ensures that the collection, reconditioning and redistribution of packaging are in place and are generally available;

1. The reconditioning process shall not create risks for the health and safety of those responsible for carrying out the reconditioning of the packaging and shall minimise the impact of that process on the environment. It shall be operated in accordance with applicable laws on contact-sensitive materials, waste and industrial emissions.

2. Reconditioning shall cover the following operations adapted to the reusable packaging format and its intended use:

(a) assessment of the condition of the packaging;

(b) removal of damaged or non-reusable components of the packaging;

(c) conveyance of removed components of the packaging to an appropriate recovery process;

(d) cleaning and washing the packaging according to required hygiene conditions;

(e) repair of the packaging;

(f) inspection and assessment of fitness-for-purpose of the packaging.

3. Where necessary, cleaning and washing processes shall be carried out at different stages of the reconditioning and repeated.

4. The reconditioned product shall meet health and safety requirements applicable to it. Part C Requirements for refill

Refill stations shall satisfy the following requirements:

(a) the refill station displays clear and precise information on:

(i) the hygiene standards that the end user’s container must meet in order for it to be used to purchase products at the refill station;

(ii) the types and features of containers that can be used to purchase products through refill;

(iii) the contact details of the final distributor to ensure compliance with hygiene standards under applicable law;

(b) the refill station comprises a measuring device or provides alternative means of ensuring that the end user can choose a specified quantity of product for purchase;

(c) the price paid by end users does not include the weight of the container.