WRITTEN QUESTION E-2602/01

by Reinhard Rack (PPE-DE) to the Commission

(26 September 2001)

Subject: German Regulation on packaging inadequate protection for the free movement of goods and beverage importers

The current German Regulation on packaging lays down compulsory deposits on packaging of specific beverages. This requirement is in suspension so long as the reuse rate of 72 % set in 1991 is met. The actual introduction of compulsory deposits for certain beverages is now a real threat.

This and similar cases have shown that not enough is being done to guarantee the free movement of goods, which was enshrined in Directive 94/62/EC(1) alongside and on an equal footing with the principle of protection of the environment. To be effective, protection must also be speedily enforceable and enforced. Scrutiny of a measure and the initiation of a procedure, as for example in the pending case of the Danish ban on cans, at present regularly takes several years. A compulsory deposit system could destroy the livelihood of a beverage importer within months.

1. Does the Commission believe that, with the present length of time being taken by deliberations and procedures, the principle of the free movement of goods is being adequately guaranteed?

2. Does the Commission believe, in the light of past experience, that the packaging directive 94/62/EC is an effective measure to prevent obstacles to trade?

3. Is the Commission considering measures to be adopted in the course of the review of Directive 94/62/EC to give effective and speedy protection for the operation of the internal market as well as providing a high degree of environmental protection?

(1) OJ L 365, 31.12.1994, p. 10.

Answer given by Mrs Wallström on behalf of the Commission

(7 December 2001)

As mentioned in the question, the Commission has scrutinised in detail the question of the compatibility of the German Regulation on packaging with all elements of the packaging Directive, including those concerning the internal market. It has concluded that the German Regulation on packaging contains an encouragement to discriminate against foreign mineral waters which, under Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters(1), have to be bottled at source. It was decided in March 2001 to bring the matter before the European Court of Justice. This decision was not carried out first of all due to notification of an amendment of the packaging text(2). Since this notification has been withdrawn, the Commission will alter its position at its next relevant meeting.

The packaging Directive is intended to harmonise aspects of both environmental protection and the internal market. As regards the effects on the internal market, the waste management systems of the individual Member States can be said to have become harmonised since the entry into force of the Directive and there has been an upward harmonisation as regards recycling quotas as well. The question as to how far further steps should be taken to move forward the harmonisation process still remains to be discussed in detail. This opinion-forming and consolidation process is one of the aims of drawing up the Thematic Strategy on Recycling.

Due to the urgent need to set new recycling targets under Article 6 of the recycling Directive, the amendment now in preparation will for the most part confine itself to these targets. An

amendment bringing in matters of reuse, the role of deposit systems and the associated internal market aspects should be made the subject of a factual analysis, which has not been done sufficiently so far, and wider discussion. The Commission is planning, however, to take just such an approach, possibly in the framework of the Thematic Strategy on Recycling.

(1) OJ L 229, 30.8.1980.

(2) The Commission reserves the right to examine at a later date the question of the compatibility of the German Regulation on packaging of 1998, particularly in terms of its justification in the light of environment policy and other Community requirements, with regard to beverages other than mineral water.