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(2004/C 33 E/278)

WRITTEN QUESTION E-2519/03

by Ria Oomen-Ruijten (PPE-DE) and Françoise Grossetête (PPE-DE) to the Commission

(29 July 2003)

Subject:   German mandatory deposit system

The introduction in Germany of a mandatory deposit system on one-way containers for soft drinks, beer and water on 1 January 2003 has led to severe indirect discrimination against importing companies. As a result of this mandatory deposit system on cans and one-way plastic and glass bottles, the German retailers have removed these containers from their shops because the collection of these recipients is complicated, unhygienic and costly.

As a consequence imports of soft drinks, waters and beer have stopped almost completely. Foreign companies can only deliver their products on the German market in one-way packaging because of the transport distance and the structure of their companies. German companies are still maintaining or even increasing their market share because they can deliver in refillable packaging, which does not suffer from the new mandatory deposit rules.

In reply to questions asked on this issue by Ria Oomen-Ruijten during the 1 July plenary debate on ‘Packaging and packaging waste’, Commissioner Wallström stated: ‘Mr Bolkestein and myself have made clear that we are not satisfied with the current situation in Germany, and we have urged the German Government to set up a return system in conformity with Community legislation, which can also be a nation-wide, one-way deposit. We are taking action and we will continue to do so.’

Answer given by Mrs Wallström on behalf of the Commission

(29 August 2003)

The background to this case was explained in the reply given by the Commission on 3 July 2003 to Written Question 1549/03 (1).

With regard to the present additional questions, the Commission can inform the Honourable Members as follows. By letter dated 15 May 2003, the Member of the Commission responsible for Internal Market, Mr Bolkestein, and the Member of the Commission responsible for the Environment, Mrs. Wallström, expressed their views to the German Minister for the Environment, Mr Trittin, that the one-way deposit system currently applied in Germany may constitute a serious breach both of Article 28 of the EC Treaty and of Article 7 of Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (2). Minister Trittin replied by letters dated 6 June, 7 July and 18 July 2003. In these letters, the Minister indicates that the German Government is determined to set up a return system in conformity with Community legislation by 1 October 2003 and that the remaining time until that date is needed to resolve practical implementation problems.

In his letter sent on 18 July to the President of the Commission, Mr Prodi, the Chancellor, Mr Gerhard Schröder, also gave his personal commitment that the German Government will not tolerate any further transitional period going beyond the deadline of 1 October 2003.

In view of the above, on 23 July 2003, President Prodi replied to Chancellor Schröder. He expressed his continued concerns on the current application of the German mandatory deposit system. In particular, in view of the system's effects on Union imports, on the one hand he asked the Chancellor to consider the possibility of suspending the deposit regime in its current form, until a nation-wide return system covering the entire German territory is operational. On the other hand, he indicated that the Commission will have to initiate infringement procedures against Germany if, by 1 October 2003, no return system in compliance with Community law is set up.

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(1)OJ C 11 E, 15.1.2004, p. 192.

(2)OJ L 365, 31.12.1994.

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