92001E1775

WRITTEN QUESTION E-1775/01

by Reinhard Rack (PPE-DE) to the Commission

(15 June 2001)

Subject: German packaging regulation - inadequate protection for free movement of goods and drinks importers

The amended version of the German packaging regulation provides for a compulsory deposit on 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 - which is enshrined together with the principle of environmental protection in Directive 94/62/EC(1) and is equally important - is not effectively safeguarded. Effective protection also calls for prompt enforcement and implementation. Deliberations over regulatory provisions and the introduction of a procedure - e.g. in the case of the related Danish ban on cans - 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, in revising Directive 94/62, provide for measures to guarantee effectively and promptly the operation of the internal market as well as a high level of environmental protection?

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

Joint answer to Written Questions E-1774/01, E-1775/01, E-1776/01, E-1777/01 and P-1823/01 given by Mr Bolkestein on behalf of the Commission

(26 July 2001)

The draft second amendment to the German regulation on packaging - notification of which was given in connection with Directives 94/62/EC of 20 December 1994 on packaging and packaging waste(1) and 98/34/EC of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations(2) - was examined by the Commission in the light of the relevant provisions of Community law.

The points mentioned by the honourable Member were also considered by the relevant departments of the Commission.

In view of the fact that at its meeting of 13 July 2001 the Bundesrat accepted a proposal for a resolution put forward jointly by several Länder and did not vote in favour of the draft as notified to the Commission, the issue of the proposed draft's compatibility with Community law no longer arises.

(1) OJ L 365, 31.12.1994.

(2) OJ L 204, 21.7.1998.