WRITTEN QUESTION E-3974/00

by Mario Mastella (PPE-DE) to the Commission

(20 December 2000)

Subject: Problem concerning the charge imposed by the German Government on empty drinks bottles

As of 19 January 2001, the German Government plans to place a deposit of DM 0,50 on all non-returnable bottles or containers which contain drinks (including wine, beer, mineral water etc.).

As a result of this charge, German consumers would obviously be able to return the empties (glass bottles and cans) to the retailer where they had bought the various products. The retailer would be obliged to take back the empties and in turn return them to the supplier from whom he had bought the products. In addition to imposing an incredible workload on German importers in planning and organising transport to and from suppliers, this deposit charge would also raise imported product costs in comparison with domestically-produced products, with serious consequences for the whole market. In fact, those supplying the German market would find themselves having to face insoluble problems as regards empties returned in unimaginable states, which would of course be unusable.

Therefore,

- does the Commission not consider that a provision of this type might constitute a more or less open breach of Community regulations concerning the single market and the principle of free competition?

- If so, does it not intend to take any initiatives designed to eliminate, or at least to restrict, possible discrimination which could result for drinks suppliers from other Member States operating in the German market?

Joint answer to Written Questions E-3799/00 and E-3974/00 given by Mrs Wallström on behalf of the Commission

(28 February 2001)

The Conference of German Environment Ministers, in October 2000, adopted a common communication calling for an amendment of the existing German packaging ordinance. They asked the Federal Minister, Mr Jürgen Trittin, to draft a proposal of an amendment, which would introduce an obligatory deposit for a number of beverage packagings.

The Federal Environment Ministry has not yet produced this draft. Therefore, the amendment of the ordinance is, at this stage, merely a political objective of the Conference of German Environment Ministers, which is likely to be subject to modifications following the completion of the formal consultation process, which is not yet underway.

It would therefore be premature, at this point in time, to presume conflicts between a possible amendment of the German packaging ordinance and existing Community law. However, the Commission is closely following this issue and will examine the draft proposal once it is produced.

As far as the existing German packaging ordinance is concerned, which foresees inter alia a minimum refill quota of 72 % for beverage packaging, the Commission issued in July 2000 a Reasoned Opinion to Germany. The Commission believes that the German legislation infringes the Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste(1) in conjunction with Article 28 (ex Article 30) of the EC Treaty as far as natural mineral waters are concerned, which are to be filled at source, as the appropriate balance between free movement of these goods and environmental protection has not been clearly struck.

(1) OJ L 365, 31.12.1994.