EN Official Journal of the European Union CE 65/203

(2004/C 65 E/219)

WRITTEN QUESTION P-2729/03

by Toine Manders (ELDR) to the Commission

(10 September 2003)

Subject: Illegal introduction of a modified deposit system in Germany

The earlier question on the illegal introduction of a deposit system in Germany (E-1549/03 (1)) and the answer by Commissioner Wallström on behalf of the Commission on 3 July 2003 prompt the following considerations.

The German Government has stated in reply to the Commission's previous questions that a national collection and settlement system will be operational in Germany by 1 October 2003 with the result that the existing export blockade for non-reusable containers will disappear of its own accord. In the meantime, the German Government is prepared to accept ‘one-off solutions where one container differs sufficiently from another, authorisation may be granted for a'one-off solution’ for that container linked to a specific chain of retailers. When purchasing a container, the consumer receives a deposit receipt that can be returned only to the shop where the item was purchased. This solution, which is subject to various unclear criteria, is not a genuine option for manufacturers or importers. For cans, so far no authorisation at all has been given even for such a ‘one-off solution’.

As a result of the foregoing, exports to Germany from the Netherlands, France, Austria and Luxembourg of soft drinks and waters and, to some extent, of beer have come to a complete standstill with disastrous economic consequences for the relevant sector. The existing Green Point system operating in Germany already means that around 80 % to 90 % of containers are efficiently recycled. This new measure seems, therefore, to have been introduced in order to protect the domestic market, thereby thwarting the operation of the internal market.

1. Is the Commission ready to table a proposal for a Europe-wide collection and deposit settlement system for non-reusable containers designed to contribute to further completion of the internal market without trade barriers? If so, within what timescale does it intend to present such a proposal? If not, why is it minded not to do so?

2. Is the Commission ready, in the event of it not being possible to establish a satisfactory European and/or national system of collection and deposit settlement, to oblige the German Government to abolish the deposit system for non-reusable containers introduced on 1 January 2003 and to return to the Green Point system which works well? If not, why is it minded not to do so?

3. Is the Commission ready, in the event of the response and cooperativeness of the German Government not being satisfactory, to initiate infringement proceedings earlier than 1 October 2003 not least in view of the urgency of the matter and the economic interests involved? If so, on what date? If not, why not?

Answer given by Mrs Wallström on behalf of the Commission

(17 October 2003)

The creation of a Europe-wide collection and deposit system is not part of the current objectives of Directive 94/62/EC of the Parliament and of the Council of 20 December 1994 on packaging and packaging waste (2) or of its proposed revision (3). Community legislation sets general objectives that need to be complied with by Member States. Within this framework, it is for the Member States to determine how best to achieve these objectives, whilst respecting Community law, in particular on the internal market and competition. Consequently, the Commission is not considering the introduction of a Community-wide scheme.

The Commission's position on the German deposit system was explained in the replies given by the Commission on 3 July 2003 to the Honourable Member's Written Question E-1549/03 (4) and on 29 August 2003 to Written Question E-2519/03 by Mrs Oomen-Ruijten and Mrs Grossetête (5). Currently, measures are being prepared in Germany to introduce a return and collection system for one-way packaging affected by the German deposit system. The Commission is monitoring this process and will not hesitate to take the appropriate actions to ensure compliance with Community law.

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

(2) OJ L 365, 31.12.1994.

(3) OJ C 103 E, 30.4.2002.

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

(5) OJ C 33 E, 6.2.2004, p. 267.