WRITTEN QUESTION E-2606/01 by María Rodríguez Ramos (PSE) and Luis Berenguer Fuster (PSE) to the Commission. Milk marketing in France.
Date: 2001-09-26
Institutions: European Parliament, Provisional data
Subjects: France, exchange of information, infringement of EU law, marketing, milk, national production, producer organisation, restriction on competition, supermarket

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