WRITTEN QUESTION No. 1093/97 by Carles-Alfred GASOLIBA I BÖHM to the Commission. Requirements concerning packaging and packaging waste in the EU
Date: 1997-03-21
Institutions: European Parliament, GASOLIBA I BOEHM
Subjects: Germany, Spain, application of EU law, environmental protection, import (EU), infringement procedure (EU), packaging, packaging product, waste recycling

10. 2. 98

EN

Official Journal of the European Communities

C 45/13

The additional direct, specific support which the Commission was able to provide in the past to initiatives aimed
at facilitating the reintegration of ex-offenders or delinquents through budget line B3-4103 (cid:145)Action to combat
poverty and social exclusion’, has been suspended following the action (C-240/96) brought before the Court of
justice by the United Kingdom, challenging the legal base of the budget line.

As  a  consequence  of  the  action,  Community  funding  of  sixty  one  projects  selected  during  1996  remains  in
suspense  and  conditional  pending  the  final  judgement  of  the  Court  of  justice.  More  than  one  third  of  these
projects  are  directly  or  indirectly  related  to  delinquency.  Approximately  1  MECU  has  provisionally  been
allocated to these projects. Demand was much higher however. 136 applications were received, asking for a total
subvention amounting to 13 MECU.

No new commitments credits have been allocated to this budget line for 1997.

(98/C 45/16)

WRITTEN QUESTION E-1093/97

by Carles-Alfred Gaso‘liba i Bo¤hm (ELDR) to the Commission

(21 March 1997)

Subject: Requirements concerning packaging and packaging waste in the EU

The  environmental  protection  measures  adopted  in  Germany  some  years  ago  are  having  economic  and
environmental repercussions in other EU countries, especially Spain, because of the requirements concerning
packaging and packaging waste.

The To¤pffer law aimed to ensure that crates and pallets used for exports of fruit and vegetables were recycled and
then reused by the exporters themselves instead of being turned into waste on German soil.

This requirement imposed an additional cost on Spanish exporters of fruit and vegetables, who are obliged to use
an expensive product, which is, moreover, manufactured by a German company which has a monopoly on sales
of the product (plastic crates).

All this is having serious economic repercussions on exporters and the packaging industry.

Does German policy in this area comply with Directive 94/62/EC (1), in particular Article 7 thereof?

Does the Commission plan to take any action on this matter?

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

Answer given by Mrs Bjerregaard on behalf of the Commission

(5 May 1997)

The German packaging ordinance of 1991 is the subject of infringement proceedings opened by the Commission.
The Commission, in its letter of formal notice, held the view that elements of the German legislation are not in
conformity with Article 30 of the EC Treaty.

The Commission, however, does not share the view of the Honourable Member that paragraph 4 of the German
ordinance is in contradiction with Community law. It is to be stressed that Article 7 of Directive 94/62/EC of
20 December 1994 on packaging and packaging waste obliges Member States to ensure that systems are set up to
provide for the return or collection of used packaging or packaging waste and the re-use or recovery including
recycling of the packaging or packaging waste collected. This applies also to transport packaging. Paragraph 4 of
the German ordinance sets up the obligation to return this type of packaging and to re-use or recycle it. Paragraph
11  provides  that  this  obligation  can  also  be  fulfilled  by  a  third  person.  There  is  therefore,  according  to  the
Commission, in this respect no specific burden on importers of packed products. Consequently, this provision is
in conformity with Community law.