WRITTEN QUESTION E-1775/01 by Reinhard Rack (PPE-DE) to the Commission. German packaging regulation - inadequate protection for free movement of goods and drinks importers.
Date: 2001-06-15
Institutions: European Parliament, Provisional data
Subjects: Germany, application of EU law, deposit on a polluting product, free movement of goods, national law, packaging, packaging product, trade restriction, waste management

20.12.2001

EN

Official Journal of the European Communities

C 364 E/203

(2001/C 364 E/220)

WRITTEN QUESTION E-1775/01

by Reinhard Rack (PPE-DE) to the Commission

(15 June 2001)

Subject: German packaging regulation (cid:129) inadequate protection for free movement of goods and drinks

importers

the German packaging regulation provides for a compulsory deposit on
The amended version of
containers for certain drinks. This will de facto reinforce a barrier to trade for foreign drinks importers
which has existed for more than ten years.

This and similar cases demonstrate that the principle of free movement of goods (cid:129) which is enshrined
together with the principle of environmental protection in Directive 94/62/EC (1) and is equally important
(cid:129) is not effectively safeguarded. Effective protection also calls for prompt enforcement and implemen-
tation. Deliberations over regulatory provisions and the introduction of a procedure (cid:129) e.g. in the case of
the related Danish ban on cans (cid:129) usually took several years hitherto, whereas compulsory deposit may
drive a drinks importer out of business within a few months.

Does the Commission consider that this principle has been adequately upheld in the light of the duration
of the deliberations and the procedure so far?

Does the Commission take the view in the light of experience to date that packaging Directive 94/62 is
effective as legislation in preventing barriers to trade?

Will the Commission,
promptly the operation of the internal market as well as a high level of environmental protection?

in revising Directive 94/62, provide for measures to guarantee effectively and

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

(2001/C 364 E/221)

WRITTEN QUESTION E-1776/01

by Paul R(cid:252)big (PPE-DE) to the Commission

(15 June 2001)

Subject: German packaging regulation (cid:129) trade barrier for drinks importers

The current German packaging regulation provides for a compulsory deposit on containers for certain
drinks (beer, soft drinks, mineral water, fruit and vegetable juices, wine), which becomes effective if the
percentage of refillable containers used for a particular drink falls below 72 %.

It was only in January 2001 that the Commission decided (cid:129) after years of deliberation (cid:129) to bring an
action against Germany in the European Court of Justice in response to the refillable container quota and
the threat of a compulsory deposit. Those provisions represent a barrier to trade, particularly for foreign
mineral waters. Neither is the compulsory deposit commensurate with the objective of environmental
protection. The stated objective is to promote refillable containers, albeit at enormous and unreasonable
cost which the consumer will ultimately have to bear. This objective, as numerous studies indicate is more
hindered than helped by the proposed provisions. Despite the longstanding misgivings about the German
provisions, which go back to 1991, Germany announced in March 2001 an amendment to the packaging
regulation, definitively introducing the compulsory deposit, which had hitherto been a mere threat.

What measures does the Commission intend to take if the compulsory deposit is adopted?

What does the Commission intend to do to guarantee, promptly, efficiently and effectively, the free
movement of goods in the light of the impending introduction of the new provisions?

What are the Commission(cid:146)s options in this respect?