46. As of 2020, the minimum recovery rates that must be attained annually by an enterprise referred to in section 2 that markets products referred to in the second paragraph of section 42 must be equal to the following percentages:(1) in the case of products referred to in subparagraphs 1 and 2, the minimum rate for all the products in each subcategory is 75%, which is increased to 80% as of 2024;
(2) in the case of products referred to in subparagraph 3, the minimum rate for all the products in this subcategory is 40% of the quantity of containers marketed, which is increased by 5% per year until a 70% rate is attained.
The rates are calculated on the basis of the quantity considered available for recovery, namely:(1) in the case of products referred to in subparagraph 1 of the second paragraph of section 42,(a) in the case of paint marketed in containers of 1 l or less, on the basis of 14.8% of the quantity of paint marketed in the year;
(b) in the case of paint marketed in containers of more than 1 l but less than 8 l, on the basis of 6.25% of the quantity of paint marketed in the year;
(c) in the case of paint marketed in containers of at least 8 l but not more than 50 l, on the basis of 4.55% of the quantity of paint marketed in the year;
(2) in the case of products referred to in subparagraph 2 of the second paragraph of section 42, on the basis of 9.57% of the quantity of paint marketed in the year;
(3) in the case of products referred to in subparagraph 3 of the second paragraph of section 42, on the basis of the total quantity of containers marketed in the year.