WRITTEN QUESTION E-2604/01 by Paul Rübig (PPE-DE) to the Commission. German Regulation on packaging — discrimination relating to packaging for beverages.
Date: 2001-09-26
Institutions: European Parliament, Provisional data
Subjects: Germany, application of EU law, deposit on a polluting product, environmental protection, national law, packaging, waste recycling

16.5.2002

EN

Official Journal of the European Communities

C 115 E/133

At present, Community legislation, addressed to Member States and implemented under the responsibility
of their competent authorities, provides for a considerable number of measures to ensure the safety and
suitability of fresh meat. In particular, these measures are to be found in Council Directive 64/433/EEC of
26 June 1964 on health problems affecting intra-Community trade in fresh meat (1), Council Directive
91/628/EEC of 19 November 1991, on the protection of animals during transport (2) and Council Directive
93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing (3). Great
importance is attached in the first Directive to the hygienic production of meat, and,
in the other
Directives, to the avoidance of stress in animals during loading, transport, unloading and handling of the
animals up to and including stunning or slaughter.

The opinion of the Scientific Committee on Veterinary Measures relating to Public Health (SCVMPH) on
Food-borne Zoonoses of 12 April 2000 (4) emphasises the ubiquitous nature and/or multiple sources of
certain pathogenic micro-organisms on the route from farm to fork. The opinion also makes some
suggestions in relation to their prevention or management. The Commission recently adopted Decision
2001/471/EC of 8 June 2001 laying down rules for regular checks on the general hygiene carried out by
the operators in establishments (5). The Decision provides, among other things, that before 8 June 2002 all
operators must conduct frequent and regular checks on samples from those carcass sites where risk of
microbiological contamination is most likely to occur.

The opinion of the SCVMPH of 23 September 1999 concerned the evaluation of microbiological criteria
for food products of animal origin for human consumption and that of 24 February 2000 concerned the
revision of meat inspection procedures. A further opinion, adopted on 20-21 June 2001, on identification
of species/categories of meat-producing animals in integrated production systems where meat inspection
may be revised, refers to the opinion of 2000. It noted the recommendation for the introduction of an
alternative meat inspection system in fattening pigs, minimising cross-contamination by avoiding incision
and palpation on the slaughter-line. It also quoted the following. ‘The reduction of post mortem handling,
requires the application of a vertically integrated plant-driven quality assurance system.
however,
Microbiological
testing of carcasses for food pathogens should be compared against microbiological
standards established and monitored by the competent authority.’ The series of scientific opinions has
enabled the Commission to commence work on two particular projects with experts from the Member
States. The first concerns a proposal for updating and establishing microbiological criteria covering the
whole food chain, based on the latest developments in food science and intended to improve the safety of
consumers’ food. The second concerns modernising ante- and post mortem inspections while taking into
consideration intensive breeding and new associated patholologies.

(1) OJ B 121, 29.7.1964.
(2) OJ L 340, 11.12.1991.
(3) OJ L 340, 31.12.1993.
(4) http://europa.eu.int/comm/food/fs/sc/scv/outcome_en.html#opinions.
(5) OJ L 165, 21.6.2001.

(2002/C 115 E/136)

WRITTEN QUESTION E-2604/01

by Paul Rübig (PPE-DE) to the Commission

(26 September 2001)

Subject: German Regulation on packaging C discrimination relating to packaging for beverages

The current German Regulation on packaging provides for obligatory deposits on the packaging of certain
beverages, to take effect when the reuse of packaging in respect of one class of beverage falls below 72 %.
A far lower figure, 20 %, applies to milk.

C 115 E/134

Official Journal of the European Communities

EN

16.5.2002

On what conditions does the Commission regard exceptions (varying reuse rates, compulsory

1.
deposits only for certain beverages) as non-discriminatory?

2.
Does the Commission regard reuse rates and compulsory deposits on beverage containers in certain
conditions as discriminatory by comparison with other packaging waste, and especially in view of the
small proportion of beverage packaging among packaging waste as a whole and residual waste?

Answer given by Mrs Wallström on behalf of the Commission

(23 November 2001)

The Commission has thoroughly assessed the existing German Packaging Ordinance. It has not
1.
concluded that the different reuse quotas applied to different beverages or the mechanism, according to
which the deposit obligation may be triggered for only certain beverages, breach Community law. The
Commission does not consider this setting up of different reuse quotas as a discrimination of applicable
Community law. The German Government has explained the environmental reasoning behind the system
introduced by the existing German Packaging Ordinance. On the basis of the information available the
Commission has found this reasoning satisfactory with a view to Community law, apart
from the
application of the reuse quota to mineral waters that have to be filled at source.

See answer to question 1. Differentiated approaches for specific waste streams to take into account
2.
their potential specific environmental effects might be justified, to the extent that they are compatible with
Community law. Packaging waste is a significant waste stream in terms of quantities (approximately 17 %
of municipal solid waste by weight) and spread of generation sources; beverage packaging is an important
component of packaging waste.

(2002/C 115 E/137)

WRITTEN QUESTION E-2606/01

by María Rodríguez Ramos (PSE) and Luis Berenguer Fuster (PSE) to the Commission

Subject: Milk marketing in France

(26 September 2001)

There have been recent press reports that an agreement possibly exists between several hypermarket chains
and the French association of dairy product manufacturers to sell French milk, to the detriment of the
other Member States, particularly Spain.

If this is true, why has the Commission not yet opened proceedings for infringement of Article 81 of the
Treaty?

Answer given by Mr Monti on behalf of the Commission

(7 November 2001)

The Commission has no evidence at present of any agreements between French milk producers and major
distributors to favour sales of French milk.

Nonetheless, the Commission is watching developments in the milk market with all due attention and will
not fail to take appropriate action if infringements of the relevant Community legislation are discovered.

All due attention would be given to any more detailed information on such an agreement
possession of the Honourable Member which was forwarded to the Commission.

in the