WRITTEN QUESTION E-2265/97 by Amedeo Amadeo (NI) to the Commission (2 July 1997)

Subject: Preference for reusable packaging in Member States' legislation

The legislative provisions designed to transpose Directive 94/62/EC ((OJ L 365, 31.12.1994, p. 10. )) on packaging in certain Member States include a preference for reusable rather than recyclable packaging.

This is in no way justified in terms of environmental impact, as well as being in breach of the directive's provisions and, above all, of the principles laid down in Article 30 of the EC Treaty on the free movement of goods. The provisions in question therefore pose a serious threat to the single market.

Bearing in mind its role as a watchdog, will the Commission block these provisions in order to prevent the inevitable distortion of the market they would produce?

The Commission is currently considering an agreement with the German authorities to give preference to reusable packaging, with special derogations only for mineral water and wine. In the case of other packaging, provision is made only for a kilometre-related exemption beyond a given distance from the centre in question.

An agreement of this kind would create a range of serious problems, including fragmentation of the market, barriers to free trade, restrictions on competition and innovation, lack of flexibility, legislative uncertainty, invalidation of the provisions of Directive 94/62/EC, increased environmental impact, and higher transport and distribution costs for food processing companies in particular, with attendant increases in consumer prices, not to mention the unsustainable level of reinvestment needed to upgrade manufacturing plants.

Answer given by Mrs Bjerregaard au nom de la Commission (4 September 1997)

As the Honourable Member states the Commission is assessing the conformity of the German packaging legislation with European law. In parallel with the infringement proceedings, the Commission, also got in touch directly with the German authorities in order to investigate ways to overcome problems related to non-conformity. The Honourable Member can be assured that the Commission is assessing very carefully any problems related to the internal market rules.

Irrespective of the result of these contacts it is worth noting that although Directive 94/62/EC on packaging and packaging waste aims, as a first priority, at preventing the production of packaging, it does not oblige Member States to give preference to the reuse of packaging. On the other hand, it certainly does not prevent Member States to do this on their own, as long as national legislation is in conformity with the Treaty. In this context it is worth noting that reuse schemes are not harmonized by the Directive at European level. Therefore it is not correct to assume that any preference given to reuse infringes Community law. It is necessary to assess on a case by case basis whether specific elements of such a scheme run counter to the provisions of the Treaty.

It is true that Directive 94/62/EC does not set up, due to a lack of life-cycle assessments at European level, a clear hierarchy between reuse and recycling. However, this does not prevent Member States setting up, at their level and based on their own life-cycle assessments, national systems on reuse and recycling. It is then up to the Commission to assess whether these systems are compatible with the legal framework established at European level.

It is finally worth noting that Directive 94/62/EC on packaging and packaging waste aims both to prevent or reduce any impact of packaging and packaging waste on the environment, thus providing a high level of environmental protection, and to ensure the functioning of the internal market and the avoidance of obstacles to trade and distortion and restriction of competition within the Community. Any compliance test has to focus on both aspects, that is on trade and, equally importantly, on the impact of the reuse scheme on the environment.