(2004/C 33 E/261)

WRITTEN QUESTION E-2330/03

by Véronique Mathieu (EDD) to the Commission

(16 July 2003)

Subject:   Export of bottled drinks to Germany

German wholesalers have informed French companies of their intention to delist their products as a result of the German Government's decision to implement the Order of January 2003 with effect from October 2003.

The German authorities have not in fact taken the logistical measures that this piece of legislation dictates, leaving producers and distributors responsible for collecting any empty items of packaging and for returning these to their place of origin.

This provision directly affects French drinks, and bottled natural and mineral water in particular, since as a result of this legislation exporting companies will have to see to the return of empty bottles to France. In practice, this creates a genuine distortion of competition. By acting in a manner that makes exportation all but impossible, is Germany not showing protectionist concerns that run contrary to European law?

Does the Commission consider this German regulation to be compatible with European legislation on the internal market on the one hand, and the Packaging Directive on the other?

Answer given by Mr Bolkestein on behalf of the Commission

(29 August 2003)

In its observations in Case C-309/02 the Commission expressed the view that a deposit on one-way packaging is in principle admissible under Article 7 of Directive 94/62/EC on packaging and packaging waste and Article 28 of the EC Treaty, provided that the change from the existing return systems to a system based on deposits on one-way packaging is implemented without disruptions and avoids disproportionate barriers to intra-Union trade.

Having regard to this, by letter dated 15 May 2003 the Member of the Commission responsible for the Internal Market, Mr Bolkestein, and the Member of the Commission responsible for the Environment, Mrs. Wallström, expressed their views to the German Minister for the Environment, Mr Trittin, that the one-way deposit system currently applied in Germany may constitute a serious breach both of Article 28 of the EC Treaty and of Article 7 of Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (1). Minister Trittin replied by letters dated 6 June, 7 July and 18 July 2003. In these letters, the Minister indicates that the German Government is determined to set up a return system in conformity with Community legislation by 1 October 2003 and that the remaining time until that date is needed to resolve practical implementation problems.

In his letter sent on 18 July to the President of the Commission, Mr Prodi, the Chancellor, Mr Gerhard Schröder, also gave his personal commitment that the German Government will not tolerate any further transitional period going beyond the deadline of 1 October 2003.

In view of the above, on 23 July 2003, President Prodi replied to Chancellor Schröder. He expressed his continued concerns on the current application of the German mandatory deposit system. In particular, in view of the system's effects on Union imports, on the one hand he asked the Chancellor to consider the possibility of suspending the deposit regime in its current form, until a nation-wide return system covering the entire German territory is operational. On the other hand, he indicated that the Commission will have to initiate infringement procedures against Germany if, by 1 October 2003, no return system in compliance with Community law is set up.

(1)  OJ L 365, 31.12.1994.