WRITTEN QUESTION P-2729/03 by Toine Manders (ELDR) to the Commission. Illegal introduction of a modified deposit system in Germany.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: Germany, beverage industry, deposit on a polluting product, packaging product, restriction on competition, technical barriers to trade, waste management

13.3.2004

EN

Official Journal of the European Union

C 65 E/203

It is important to ensure that the TEN-T corridors also cover northern Sweden and Finland. Good
infrastructure enables development to take place across the Union and it is important for industry and
society to have good communications throughout
the Union and with the Barents Sea region.
The Norrbotten rail link would therefore facilitate exchanges between the Member States and strengthen
cohesion.

Can the Commission envisage including the Norrbotten rail link as one of the priority TEN-T projects?

Answer given by Mrs de Palacio on behalf of the Commission

(6 October 2003)

The High-Level Group on the trans-European transport network (TEN-T) was mandated by the
Commission to identify by the summer of 2003 the priority projects of the trans-European transport
network up to 2020 on the basis of proposals from the Member States and the candidate countries.

The report is available in the internet:
(http://europa.eu.int/comm/ten/transport/revision/hlg/2003_report_kvm_en.pdf).

This exercise is part of a broader review of the Community guidelines for the development of the trans-
European transport network. This Group, which was chaired by Mr Karel Van Miert, consisted of one
representative from each Member State, one observer from each candidate country and an observer from
the European Investment Bank.

On the basis of proposals put forward by the present and future Member States, the Group has selected
new priority projects to be carried out between now and 2020.

Some of the main criteria for the Group to select projects are whether the project is part of a main trans-
European axis or it crosses natural barriers; whether it could solve congestion problems or it corresponds
to missing links; the potential economic viability and other socio-economic benefits have been also taken
into consideration. In a second stage, the Group examined the European value added of the project, the
strengthening of cohesion and the contribution to sustainable development.

The report of the High Level Group does not contain the railway line in the Swedish region Norrbotten.

However, concerning Sweden and Finland, the High-Level-Group has confirmed the priority for the
projects relating to the Nordic Triangle corridors. Furthermore, the proposal to develop the motorways of
the sea is a new concept to help by-pass bottlenecks or to better connect the peripheral and island areas of
the Union, representing in some cases a genuine competitive alternative to land transport, particularly in
the Baltic Sea area.

The Commission is working on a proposal for the revision of the TEN-T Guidelines on the basis of the
High Level Group work and findings.

(2004/C 65 E/219)

WRITTEN QUESTION P-2729/03

by Toine Manders (ELDR) to the Commission

(10 September 2003)

Subject: Illegal introduction of a modified deposit system in Germany

The earlier question on the illegal introduction of a deposit system in Germany (E-1549/03 (1)) and the
answer by Commissioner Wallström on behalf of the Commission on 3 July 2003 prompt the following
considerations.

C 65 E/204

Official Journal of the European Union

EN

13.3.2004

The German Government has stated in reply to the Commission’s previous questions that a national
collection and settlement system will be operational in Germany by 1 October 2003 with the result that
the existing export blockade for non-reusable containers will disappear of its own accord. In the meantime,
the German Government is prepared to accept ‘one-off solutions where one container differs sufficiently
from another, authorisation may be granted for a’one-off solution’ for that container linked to a specific
chain of retailers. When purchasing a container, the consumer receives a deposit receipt that can be
returned only to the shop where the item was purchased. This solution, which is subject to various unclear
criteria, is not a genuine option for manufacturers or importers. For cans, so far no authorisation at all has
been given even for such a ‘one-off solution’.

As a result of the foregoing, exports to Germany from the Netherlands, France, Austria and Luxembourg
of soft drinks and waters and, to some extent, of beer have come to a complete standstill with disastrous
economic consequences for the relevant sector. The existing Green Point system operating in Germany
already means that around 80 % to 90 % of containers are efficiently recycled. This new measure seems,
therefore, to have been introduced in order to protect the domestic market, thereby thwarting the
operation of the internal market.

Is the Commission ready to table a proposal for a Europe-wide collection and deposit settlement
1.
system for non-reusable containers designed to contribute to further completion of the internal market
without trade barriers? If so, within what timescale does it intend to present such a proposal? If not, why is
it minded not to do so?

2.
Is the Commission ready, in the event of it not being possible to establish a satisfactory European
and/or national system of collection and deposit settlement, to oblige the German Government to abolish
the deposit system for non-reusable containers introduced on 1 January 2003 and to return to the Green
Point system which works well? If not, why is it minded not to do so?

Is the Commission ready,

3.
the German
Government not being satisfactory, to initiate infringement proceedings earlier than 1 October 2003 not
least in view of the urgency of the matter and the economic interests involved? If so, on what date? If not,
why not?

the response and cooperativeness of

in the event of

(1) OJ C 11 E, 15.1.2004, p. 192.

Answer given by Mrs Wallström on behalf of the Commission

(17 October 2003)

The creation of a Europe-wide collection and deposit system is not part of the current objectives of
Directive 94/62/EC of the Parliament and of the Council of 20 December 1994 on packaging and
packaging waste (1) or of its proposed revision (2). Community legislation sets general objectives that need
to be complied with by Member States. Within this framework, it is for the Member States to determine
how best to achieve these objectives, whilst respecting Community law,
in particular on the internal
market and competition. Consequently,
the Commission is not considering the introduction of a
Community-wide scheme.

The Commission’s position on the German deposit system was explained in the replies given by the
Commission on 3 July 2003 to the Honourable Member’s Written Question E-1549/03 (3) and on
29 August 2003 to Written Question E-2519/03 by Mrs Oomen-Ruijten and Mrs Grossetête (4). Currently,
measures are being prepared in Germany to introduce a return and collection system for one-way
packaging affected by the German deposit system. The Commission is monitoring this process and will not
hesitate to take the appropriate actions to ensure compliance with Community law.

(1) OJ L 365, 31.12.1994.
(2) OJ C 103 E, 30.4.2002.
(3) OJ C 11 E, 15.1.2004, p. 192.
(4) OJ C 33 E, 6.2.2004, p. 267.