New EU Regulations Mandate Businesses Must Accept Customers' Reusable Coffee Cups and Provide Reusable Container Options – CoffeeTalk

A significant regulatory change is set to impact coffee consumers in the European Union, driven by a new EU regulation mandating that takeaway businesses serve drinks in reusable containers if customers opt for this choice. Charalambos Theopemptou, the former chairman of the parliamentary Environment Committee, explained that this regulation, being an EU regulation rather than a directive, will be implemented automatically without needing prior parliamentary approval, effective from 2027. Under this regulation, coffee shops must accept and fill customers’ containers as per their orders, with no exemptions for micro-enterprises.

One critical provision within Article 33(4) states that from February 12, 2028, businesses must provide a reusable container option for customers. However, micro-enterprises are exempt from this particular requirement. Furthermore, by January 1, 2030, any establishment with designated seating—such as bars or tables—will be prohibited from using single-use plastic packaging for food and beverages prepared on-site.

This regulation primarily targets the final distributors in the HORECA sector, which encompasses hotels, restaurants, and catering operations that serve drinks in takeaway packaging. The HORECA definition is clearer in Article 3(1) point 35, encompassing any venue that provides drinks for immediate consumption.

Theopemptou outlined additional provisions included in the new framework:

• Price and Terms Parity: Drinks served in a customer’s container cannot be sold at a higher cost or under less favorable conditions compared to those provided in single-use packaging, as stated in Article 32(2).
• Customer Notification: Businesses must visibly inform customers through clear signage that they are allowed to bring their own containers.
• Refill Framework Guidelines: Under Article 28, customers should be informed about acceptable container types, hygiene standards, and liability concerning health and safety issues associated with their containers.
• Refill Station Requirements: Outlets need to display clear guidelines regarding the acceptable hygiene standards for containers and provide business details along with confirmed measurement instruments that exclude the container’s weight from pricing.
• Right of Refusal and Liability Waiver: Outlets can refuse to fill any container that appears dirty or unsuitable. Under Article 28(4), this legislation also states that businesses are not liable for hygiene or safety issues stemming from customer-provided containers.

As per the updates coming into effect on February 12, 2028, businesses must not only accommodate customer-owned containers but also have a reusable packaging alternative in place as part of a reuse system—potentially utilizing a multi-use cup that operates on a return or deposit scheme. The requirements for signage and price parity will similarly apply to this alternative.

Micro-enterprises are defined under Recommendation 2003/361/EC as operations with fewer than ten employees and an annual turnover or balance sheet total of up to €2 million, thus emphasizing their exemption from the specific reusable container obligation laid out in Article 33(4).

By 2030, it is anticipated that firms will need to offer at least 10% of their products in reusable formats, following Article 33(5). The ban on single-use plastic packaging for food and drinks consumed on-site also becomes effective on January 1, 2030.

To prepare adequately for these changes, businesses must establish their micro-enterprise status by 2026, ensuring they understand their obligations while auditing existing takeaway packaging and supplier networks.

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