92001E1823

WRITTEN QUESTION P-1823/01

by Daniela Raschhofer (NI) to the Commission

(20 June 2001)

Subject: Introduction of compulsory deposit on disposable packaging in Germany

In Germany consideration is being given to changing German packaging regulations so as to introduce a compulsory deposit on disposable drinks containers.

Does the Commission consider that this arrangement is really necessary on environment policy grounds? Is the Commission aware that other recovery techniques, in particular thermal recovery, can guarantee at least as high a standard of environmental protection?

Does the Commission see this national measure as a restriction on the freedom of movement of goods within the meaning of Article 28 of the EC Treaty?

Is the Commission aware that the effect of Directive 94/62(1) was to introduce full harmonisation of packaging rules and regulations for the whole of Europe and that any departure from its provisions would only be possible in accordance with Article 95(5) of the EC Treaty, and then only if based on new scientific evidence and the existence of a problem specific to that Member State, which obviously does not apply in this case?

(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.