WRITTEN QUESTION P-1680/97 by Johannes Blokland (I-EDN) to the Commission (7 May 1997)

Subject: Transposition of the packaging directive

According to Article 22(1) of Directive 94/62 on packaging ((OJ L 365, 31.12.1994, p. 10. )), Member States must have transposed this directive into national legislation by 30 June 1996. I understand that not all countries have done so.

1. How many countries have now complied with this requirement, and how many have not?

2. What reasons have been given by the countries failing to comply with their obligations by the due date?

3. What action is the Commission taking to make those countries which have not completed transposition comply with their obligations?

Answer given by Mrs Bjerregaard on behalf of the Commission (13 June 1997)

1. Article 22(1) of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste requires Member States to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive before 30 June 1996 and to inform the Commission thereof immediately.

In addition, Article 16 of the Directive requires Member States, without prejudice to Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations ((OJ L 109, 26.4.1983. )), to notify the drafts of measures which they intend to adopt within the framework of the Directive to the Commission, excluding measures of a fiscal nature, but including technical specifications linked to fiscal measures which encourage compliance with such technical specifications, in order to permit the latter to examine them in the light of existing provisions following in each case the procedure under the above Directive.

Under this procedure, the Member State must defer the adoption of notified drafts by three months (standstill period), during which time the Commission and the other Member States may react to the said drafts and, where necessary, oblige the notifying Member State to defer adoption of the relevant drafts by a further three months by delivering a detailed opinion.

Member States must communicate the previously notified texts to the Commission as soon as they have been adopted. The said texts cannot of course be adopted until the expiry of the standstill period.

The combined effect of Articles 16 and 22 is therefore that all measures intended to implement the Directive must first be notified to the Commission at the draft stage, with the definitive texts finally adopted only being communicated at the end of the notification procedure. Clearly, though, national texts adopted before the Directive entered into force but which serve to implement it are not subject to the prior notification requirement.

At the time of writing (7 May 1997), Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, Sweden and the United Kingdom have notified the Commission of draft measures which implement Directive 94/62/EC either entirely or in part. These drafts have been or are being examined in accordance with the procedure laid down in Directive 83/189/EEC. Denmark, Germany, France and Austria have also communicated measures adopted before Directive 94/62/EC entered into force. The Commission has yet to receive all the measures as finally adopted by the national authorities at the end of the notification procedure.

2. To the Commission's knowledge, no particular reasons have been given by the Member States.

3. The Commission is keen to ensure that the fifteen Member States meet their obligations under the Directive without delay. To that end it will not hesitate, if necessary, to institute infringement proceedings in accordance with Article 169 of the EC Treaty.