WRITTEN QUESTION E-2087/99 by Dirk Sterckx (ELDR) to the Commission. Application of the Packaging Directive to ornamental plant growing.
Date: 1999-11-19
Institutions: European Parliament, Provisional data
Subjects: EU law, EU market, directive (EU), interpretation of the law, packaging product, restriction on competition

C 225 E/48

Official Journal of the European Communities

EN

8.8.2000

In accordance with Regulation (EC) No 2659/94, private storage aid for grana padano cheeses may be
granted to any natural or legal person able to prove ownership of the cheeses in private storage and
complying with the regulation, and in particular the undertakings mentioned in Article 3 point (d).

If the Honourable Member considers that these requirements were not fulfilled, the Commission would be
grateful if he could pass on any concrete evidence to prove this, to allow the appropriate proceedings to be
initiated within the limits of and in accordance with the powers available to the Commission under the
principle of subsidiarity.

(2000/C 225 E/048)

WRITTEN QUESTION E-2087/99

by Dirk Sterckx (ELDR) to the Commission

(19 November 1999)

Subject: Application of the Packaging Directive to ornamental plant growing

is not possible to decide on the basis of either Directive 94/62/EC (1) or of

the Commission(cid:146)s
It
interpretative memorandum of 10 June 1999 whether flower pots do, or do not, constitute packaging
within the meaning of Article 3(1) of that Directive or, indeed, whether they fall within the scope of the
Directive at all. As a result, each Member State has to decide itself which flower pots are clearly functional
and which are used primarily as packaging. The situation thus varies from one Member State to another.
Nevertheless, the purpose of the Packaging Directive, as specified in Article 1 thereof, is to ensure the
functioning of the internal market and to avoid distortion of competition.

Is the Commission not worried that differing interpretations of the concept of packaging could lead to
serious distortion of competition amongst ornamental plant growers in the various Member States?

Will it clarify whether flower pots that are not (cid:145)intended to remain with the plant for the whole of its life(cid:146)
do, or do not, constitute packaging? Is it possible to interpret the Directive in such a way that no flower
pots of any kind are included within its scope?

Will the Commission indicate which Member States regard flower pots as (cid:145)packaging(cid:146) within the meaning
of Directive 94/62/EC, and which do not?

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

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(17 January 2000)

The definition of packaging has proved difficult to interpret in certain specific cases, such as flower pots.
The Commission is fully aware that differing interpretations of the concept of packaging could lead to
market distortion. For that reason, the Commission has been working on the issue with experts of Member
States. The outcome of these discussions is that it would be useful to complement the current definition by
a new technical guidance annexe to the Directive. This technical guidance would be based on the results of
the exchange of opinions held in the frame of a structured dialogue between all those involved in the
packaging chain (cid:129) Member States, industry, environmental non-governmental organisations (NGOs) and
consumers.

The definition of packaging in Directive 94/62/EC of 20 December 1994 on packaging and packaging
waste, can only be interpreted by the Court of justice.

An exhaustive list of the different interpretation of flower pots as (cid:145)packaging(cid:146) in the Member States is not
currently available.