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Minimum requirements for deposit and return systems For the purpose of this Annex, the following definition applies: ‘system operator’ means any natural or legal person who is entrusted with a responsibility to establish or operate a deposit and return system in a Member State. Minimum general requirements for deposit and return systems Member States shall ensure that the deposit and return systems established on their territories meet the following minimum requirements:

(a) a single system operator is established or licenced or, in the case there is more than one system operator, Member State shall adopt measures to ensure coordination between the different system operators;

(b) the governance and related operational rules of the system allow for equal access and fair conditions of all economic operators wishing to become part of the system, provided they make available on the market packaging that belongs to a packaging type or category included in the system;

(c) control procedures and reporting systems are set up allowing the system operator to obtain data on the collection of packaging covered by the deposit and return system;

(d) a minimum deposit level is established, which is sufficient to achieve the required collection rates;

(e) minimum requirements on the financial capacity of the system operator are established allowing the system operator to perform its functions;

(f) the system operator is a non-profit and independent legal entity;

(g) the system operator performs exclusively roles arising from the rules of this Regulation, and any additional roles related to the coordination and operation of the deposit and return system as established by the Member States;

(h) the system operator coordinates the functioning of the deposit and return system;

(i) the system operator keeps in writing:

(i) a statute establishing the internal organisation of the system;

(ii) evidence of the funding system of the system;

(iii) a statement proving the compliance of the system with the requirements laid down in this Regulation, as well as any additional requirements established in the Member State in which it operates;

(j) a sufficient amount of the annual turnover of the system operator is used for public awareness campaigns on the management of packaging waste;

(k) system operators provide any information requested by the competent authorities of a Member State in which the system operates, for the purposes of monitoring compliance with the requirements in this Annex;

(l) Member States shall ensure that final distributors are obligated to accept the deposit bearing packaging of the packaging material and format that they distribute and to provide end users with redeemed deposits when the deposit bearing packaging is returned, unless end users have equally accessible means to redeem the deposit after the use of the deposit bearing packaging, through one of the collection channels that, for food packaging, ensure food grade recycling and that are authorised for that purpose by the national authorities. This obligation does not apply where the sale surface area does not make possible for end users to return deposit bearing packaging. However, final distributors will always have to accept the return of the empty packaging of products they sell;

(m) the end user is able to return the deposit bearing packaging without the need to purchase any goods; deposit shall be redeemed to the end user;

(n) all deposit bearing packaging that is to be collected by a deposit and return system is clearly labelled, so that the end users can easily identify the need to return such packaging;

(o) fees are transparent. In addition to the minimum requirements, Member States may set additional requirements, as appropriate, in order to ensure the fulfilment of the objectives of this Regulation, in particular to increase the purity of the collected packaging waste, reduce litter or promote other circular economy objectives. Member States with regions with high transboundary business shall ensure that the deposit and return systems allows for collection of packaging from other Member States’ deposit and return systems at designated collection points and shall endeavour to enable the possibility of return of a deposit that was charged to the end user when purchasing the packaging.