WRITTEN QUESTION E-1856/97 by Kirsi Piha (PPE) to the Commission (30 May 1997)

Subject: Trade restrictions associated with recyclable packaging

The Directive on packaging and packaging waste which entered into force in 1995 has proved problematic. On the one hand there have been substantial delays in transposing the Directive in all EU Member States, and on the other hand the Directive in no way regulates the true function of packaging, i.e. its function as packaging. The Directive does not promote the safe, economic, modern and widest possible distribution of products throughout the internal market area.

The main problem with the Directive on packaging and packaging waste is that it does not do anything to reduce barriers to trade, for example by easing restrictions on disposable packaging or provisions favouring recyclable packaging in national packaging legislation. The Directive does not eliminate illegal barriers to trade, as it favours returnable glass packaging. This returnable glass packaging is, without exception, of a strictly regional character and subject to strict logistics. This impedes the establishment of large marketing areas and large production units, which would accord with the logic of the internal market. Environmental concerns are not always the genuine reason for promoting recyclable packaging - often it is a way of defending uncompetitive local industries by making it more expensive to import goods from further afield.

What will the Commission do to eliminate the indirect national protectionism associated for example with recyclable packaging, which does not accord with the objectives of the internal market?

Answer given by Mrs Bjerregaard on behalf of the Commission (23 July 1997)

Directive 94/62/EC on packaging and packaging waste ((OJ L 365, 31.12.1994. )) aims to provide a high level of environmental protection and to ensure the functioning of the internal market.

The deadline established in the Directive for implementation by Member States was 30 June 1996. It is true that all Member States have incurred delays, which may be explained on the basis of the importance of the subject and the strict notification procedure. In any case, all Member States have given top priority to this Directive and most implementation procedures are about to be completed.

The Directive is not intended to regulate the function of packaging but it applies without prejudice to existing quality requirements for packaging so as to maintain the necessary level of safety, hygiene, and acceptance for the packed product and for the consumer.

The first priority of the Directive is to prevent the production of packaging waste. It also aims to encourage reuse of packaging, recycling and others forms of recovery of packaging and hence the reduction of final disposal of packaging waste. Encouragement of reuse systems is a legitimate option which Member States may adopt, in conformity with the Treaty.

The Commission does not share the Honourable Member's negative views on the Directive, but considers that potential situations in which unjustified barriers to trade and national protectionism are created, should be dealt with on a case by case basis and would correspond to an inappropriate implementation of the Directive. The Commission will examine carefully all such situations which might occur.