Message 001
Communication from the Commission - TRIS/(2026) 2716
Directive (EU) 2015/1535
Notification: 2026/0526/BG
Notification of a draft text from a Member State
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Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20262716.EN
1. MSG 001 IND 2026 0526 BG EN 29-09-2026 BG NOTIF
2. Bulgaria
3A. Министерство на икономиката, инвестициите и индустрията
Дирекция "Европейски въпроси и законодателство на ЕС за стоки и услуги"
ул. "Славянска" № 8, 1052, София
Tel.: +359 2 940 7522 / +359 2 940 7336
Fax.: +359 2 987 8952
infopointBG@mi.government.bg
3B. Министерство на околната среда и водите
Дирекция "Управление на отпадъците и опазване на почвите"
бул. "Княгиня Мария Луиза“ 22
1000 София
Tel.: +359 2 940 6381
E-mail: t.bandakova@moew.government.bg
4. 2026/0526/BG - S20E - Waste
5. Draft act amending and supplementing the Waste Management Act
6. Beverage packaging waste
7.
8. The draft act amending and supplementing the Waste Management Act provides for the establishment of a single national deposit-return system for beverage packaging. It introduces a deposit independent of the price of the beverage, which is refunded in full upon delivery of the empty packaging to a take-back point, irrespective of the place of purchase and without any requirement to make a new purchase.
9. The system will be mandatory for single-use plastic and metal beverage packaging with a capacity of 0.1 to 3 litres, as defined in the draft. Provision has been made for the subsequent inclusion of reusable glass packaging, subject to evaluation and decision in accordance with the established procedure.
Persons making beverages in the covered packaging available on the market will fulfil their respective extended producer responsibility obligations through participation in the deposit-return system and the conclusion of a contract with the national deposit operator. Sales outlets with a total floor area of more than 200 square metres will be required to have a take-back system for packaging in place and to refund the deposit to consumers. For other sales outlets, participation is on a voluntary basis.
9a. Risk to the public interest protected. The measure aims to protect the environment by increasing the separate collection and recycling of beverage packaging waste. There is a risk that such packaging will end up in mixed household waste or will be discarded into the environment, which will result in the loss of recyclable materials, pollution and an additional need for collection and treatment. The draft also addresses the risk of insufficient traceability of packaging and financial flows, which makes it difficult to demonstrate the fulfilment of the objectives.
With the existing packaging waste management system, the recovery rate, including the recycling of individual materials, is highest for paper and lowest for wood. Of the base materials within the scope of the planned deposit-return system, the highest average recycling rate is observed in metal (77.74 %), followed by glass (66.22 %) and plastic (51.47 %).
Contribution to the objective. The refundable deposit referred to in Article 18b creates a direct financial incentive to return the empty packaging. A full refund, regardless of where the purchase was made and without an obligation to make a new purchase, reduces barriers for consumers. The mandatory taking back at the outlets referred to in Article 18d(1), the voluntary inclusion of the other retailers and the assistance of the municipalities referred to in § 9 can result in national coverage. The separate storage of the returned packaging and its orderly delivery for recycling limit the possibility of mixing with other waste.
Connection between consumer behaviour and the outcome of the collection. The existence of a deposit gives the empty packaging immediate recoverable value. For the consumer, the decision to return it means receiving a refund for the amount already paid, whilst for the system, every return provides an opportunity to ensure that the packaging is separated from the general waste stream. The effect depends on a combination of the size of the deposit, the proximity and opening hours of the collection points, the clarity of the information and the reliability of the refund. The financial incentive must therefore be considered together with the accessibility and service requirements provided for in the regulation referred to in Article 13a.
Quality of the collected materials. The requirement under Article 18d(2)(6) for temporary separate storage creates prerequisites for limiting the contamination of deposit packaging with other waste. This can facilitate sorting and subsequent recycling. However, collection does not equate to recycling: it is necessary to trace the quantities actually delivered and the result of the treatment. Therefore, the draft provides for the keeping of separate records for the collected packaging and for the materials submitted for recycling. It should not be automatically assumed that all returned pieces of packaging are recycled or that the resulting material necessarily meets the food contact requirements.
Consistent and systematic application. The draft links the participation of those supplying beverages to the market to a contract with the operator, the charging of a deposit along the supply chain, the taking back and refund of the deposit. Article 28a provides for a traceability information system, a five-year programme and information campaigns. Articles 18e and 28m introduce reporting on packaging, materials, deposits and target fulfilment, audited financial statements and an independent system audit. The platform referred to in Article 48a, the distribution of control functions and the penalties complement this mechanism. This way the entire cycle from the beverage being placed on the market to the packaging being delivered for recycling is covered.
Traceability and prevention of unauthorised payments. The information system referred to in Article 28a(2)(6) allows for the comparison of the packaging placed on the market and the packaging taken back, including through the tracking of transport lots in manual handling.
Given the limitation of 4000 characters, we enclose an additional file with a detailed analysis, including the text presented above.
9b. Inadequacy of the existing mechanisms. The general rules on product safety and consumer protection do not, in themselves, provide for a financial incentive to return empty packaging, nor for a universal take-back and reimbursement of deposits system. The current arrangement, temporarily maintained by § 26, does not provide for the specific organisation created by Articles 13a and 18a-18e of the draft. The need for the new provisions stems from the introduction of this separate mechanism for the packaging covered.
Impact of the measure on cross-border trade and cross-border services. The proposed national deposit system will apply to beverages in the packaging covered, supplied on the market in the Republic of Bulgaria, regardless of whether they are produced domestically, supplied from another Member State or imported from a third country. The draft does not provide for a prohibition or quantitative restriction of supply by origin of the products. However, it makes access to the Bulgarian market conditional upon the fulfilment of certain obligations, such as participation in the deposit system, entering into a contract with the national deposit operator, registering packaging, complying with the applicable labelling and marking requirements, charging a deposit and providing accounting information.
For businesses supplying across borders, these requirements may lead to initial costs for adapting product data, labels, information and accounting systems, as well as current expenses for participation and reporting. Depending on the final technical regulations, it may be necessary to organise stocks intended for the Bulgarian market separately. The relative burden may be higher for businesses supplying small volumes, as the costs of initial adjustment are spread over a smaller number of packages.
The deposit charged should be distinct from the remuneration for participation in the system. The deposit must be refundable upon return of the packaging and must not in itself constitute a final charge on cross-border supply. However, the movement of deposits along the supply chain may create a need for additional working capital, depending on the timing of charging, payment and refunds. The remuneration for the functioning of the system and the costs of administrative compliance represent a separate economic burden.
The draft contains safeguards to limit discriminatory effects. Article 28a(2)(4) provides for the equal treatment of economic operators regardless of their origin and the quantities of packaging, and Article 28d(1) requires equal access and fair conditions for participation. The practical importance of these safeguards is related to the fact that suppliers from other countries will be able to fulfil their obligations under comparable conditions with local businesses. The uniform application of the rules does not, however, eliminate the need to evaluate whether the associated costs and procedures are proportionate.
A single national operator could facilitate cross-border suppliers by providing a single point for registration, contracting, reporting and payment. This reduces the need for a business to adapt to several different systems in Bulgaria. At the same time, as the requirement to use a single operator creates a dependency on that operator’s terms and conditions; it is therefore particularly important to ensure transparency regarding fees, registration deadlines, consistent service provision and the prevention of unjustified refusals of access.
With regard to cross-border services, the draft retains the system management by a single national operator, thereby precluding the possibility of other undertakings carrying out the same activity as independent operators of parallel deposit systems. This restriction should be distinguished from the possibility to participate as contractors in individual transport, maintenance, sorting or recycling activities.
Given the limitation of 4000 characters, we enclose an additional file with a detailed analysis, including the text presented above.
9c. Proportionality of obligations. It is in the public interest to achieve a lasting reduction in the loss of material and the pollution caused by the packaging covered by this draft. Registration, deposit, taking back and reporting obligations are linked to this objective. The deposit is refunded in full and does not represent a final cost to the consumer when the packaging is returned; however, it temporarily ties up their funds. The deposit amount should strike a balance between providing a sufficient incentive to return and ensuring that the financial burden is manageable. The draft provides for transparent and non-discriminatory determination and approval by the Council of Ministers, without specifying a particular amount.
Burden reduction mechanisms. The draft allows for automated or manual return of items, provides for the reimbursement of costs incurred in collection and temporary storage, and the reimbursement of deposits paid by retailers. According to Article 18d(3), the obligations set out in paragraph 2, points 3 and 4 shall not apply to distance selling of foodstuffs and self-service vending machines. Provisions for exemptions relating to activities involving empty returnable packaging have been made in § 11 and § 12. The preparatory period of 18 to 24 months following the operator’s establishment and the six-month period under § 22 allow time for adjustment. The actual sufficiency of these deadlines depends on the implementation schedule and the readiness of the participants.
Burden on retailers and accessibility for consumers. The threshold of 200 square meters is intended to differentiate the mandatory taking back according to the characteristics of the sales outlets. The possibility for manual processing eliminates the need for all sites to invest in automated equipment, but still entails costs relating to staff, space and organisation. The reimbursement of the costs under Article 28a(2)(9) may alleviate this burden, provided that the methodology takes account of the justified costs and that the payments are made in a timely manner. At the same time, the voluntary participation of smaller outlets must be weighed against the accessibility of the system in towns and villages where no large shops are present.
Financial flows and prevention of double charging. The exemption under Article 13a(4) is intended to ensure that, where the statutory conditions are met, no parallel obligations arise in respect of returnable packaging under both the existing mechanism and the new system. It does not imply cost-free participation: individuals will pay the fees for the operation of the system, as provided for in Article 18a(4)(2). The assessment must distinguish between recoverable deposits, final service costs and temporarily committed working capital. The exact burden depends on future amounts, payment terms and methodologies, which are not defined in the text provided.
Safeguards in the case of a single operator. Equal access under Article 28d, the prohibition on the distribution of profits, the restrictions on conflicts of interest and the independent system audit are all intended to limit the possibility of the single operator favouring individual participants. The deposit fund under Article 28l protects the funds for deposit refunds. State participation and qualified majority for certain decisions ensure state participation in strategic management. These safeguards do not replace the evaluation of whether the exclusive right of the operator and the limited circle of shareholders are necessary and proportionate.
State participation and protection of the general interest. The envisaged 34 per cent state shareholding, combined with a 67 per cent majority of the registered capital for decisions under Article 28f, prevents the adoption of such decisions without the support of the State. This covers issues such as geographical coverage, remuneration, selection of contractors and information systems management. The argument in favour of this mechanism is the protection of the sustainable functioning and the universal availability of the system.
Confirmation of the results after introduction. The envisaged annual reports and independent audit create an information basis for an ex-post evaluation of whether the expected benefits are achieved at reasonable costs.
Given the limitation of 4000 characters, we enclose an additional file with a detailed analysis, including the text presented above.
10. References of the Basic Texts:
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
