WRITTEN QUESTION E-2603/01

by Paul Rübig (PPE-DE) to the Commission

(26 September 2001)

Subject: German Regulation on packaging barrier to trade for importers of beverages

The present German Regulation on packaging provides for compulsory deposits on the packaging of certain beverages, to take effect when the average figure for reuse falls below the 72 % ascertained in 1991.

Not until January 2001 did the Commission, after years of deliberation and preliminary procedures, decide to bring an action against Germany before the Court of Justice relating to this reuse rate and the threatened imposition of compulsory deposits. The measure constitutes a barrier to trade in all beverages affected. The compulsory deposit is not even proportionate to the intention of protecting the environment. The stated aim is to encourage reuse. The cost is huge, disproportionate and will finally be borne by the consumer. As many studies have shown, the effect will be to undermine rather than promote the attainment of this goal. Regardless of the reservations over the German Regulation which date back to 1991, the German Minister of the Environment intends to bring compulsory deposits into effect by publishing the amount by which individual classes of beverage fall below the reuse quotas set in 1991 (milk 20 %, mineral water 91 %, beer 82 %, wine 28 %).

1. What action does the Commission intend to take if the compulsory deposit system is triggered by publication of the failure to achieve these percentages?

2. What does the Commission intend to do, in view of the impending publication of the failure to achieve the percentages, speedily, efficiently and effectively to guarantee the free movement of goods?

3. What means does the Commission have at its disposal for this purpose?

Answer given by Mrs Wallström on behalf of the Commission

(21 December 2001)

The publication of the reuse quota results, which is the trigger under the existing German Packaging Ordinance, has not been released yet. Thus, it is still unclear if, when and for which categories of drinks the deposit obligation will apply. Therefore, the Commission is not in a position to take a view in this respect.

The Commission has thoroughly assessed the existing German Packaging Ordinance with a view to its compatibility with the European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste(1) and with the Internal Market rules. In March 2001 it decided to instigate proceedings against Germany before the Court of Justice, because it takes the view that the reuse quota system set up by the existing German Packaging Ordinance infringes EC law insofar as mineral waters are concerned that have to be filled at source(2).

As the guardian of the Treaties (Article 211 (ex Article 155) of the EC-Treaty), the Commission must ensure the respect by the Member States of Community law. According to Article 226 (ex Article 169) of the EC-Treaty, the Commission opens an infringement procedure, if a Member State has failed to fulfil its obligations under the Treaty.

(1) OJ L 365, 31.12.1994.

(2) The Commission has reserved its right to consider, at a later stage, the question of the compatibility of the German Packaging Regulation 1998 in particular in the light of its environmental justification and other Community requirements as regards beverages other than natural mineral water (e.g. wine).