92000E3799

WRITTEN QUESTION E-3799/00

by Michl Ebner (PPE-DE) to the Commission

(7 December 2000)

Subject: Deposits on disposable bottles in Germany

Germany's environment ministers recently agreed to introduce a statutory deposit on cans and disposable bottles. The regulation is to take effect in the summer of 2001, so as to control the quota of re-usable products and the flood of cans. It will encourage consumers to return their bottles to the the company that sells its products in disposable bottles. This is in fact creating difficulties for companies which import disposable bottles into Germany, and then have to take the bottles back although the legislation of their own country does not provide for this.

Is a regulation passed by a single country in this way not setting in train a market mechanism that runs counter to the free internal market and free trade? Is action of this kind compatible with EU principles?

Joint answer to Written Questions E-3799/00 and E-3974/00 given by Mrs Wallström on behalf of the Commission

(28 February 2001)

The Conference of German Environment Ministers, in October 2000, adopted a common communication calling for an amendment of the existing German packaging ordinance. They asked the Federal Minister, Mr Jürgen Trittin, to draft a proposal of an amendment, which would introduce an obligatory deposit for a number of beverage packagings.

The Federal Environment Ministry has not yet produced this draft. Therefore, the amendment of the ordinance is, at this stage, merely a political objective of the Conference of German Environment Ministers, which is likely to be subject to modifications following the completion of the formal consultation process, which is not yet underway.

It would therefore be premature, at this point in time, to presume conflicts between a possible amendment of the German packaging ordinance and existing Community law. However, the Commission is closely following this issue and will examine the draft proposal once it is produced.

As far as the existing German packaging ordinance is concerned, which foresees inter alia a minimum refill quota of 72 % for beverage packaging, the Commission issued in July 2000 a Reasoned Opinion to Germany. The Commission believes that the German legislation infringes the Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste(1) in conjunction with Article 28 (ex Article 30) of the EC Treaty as far as natural mineral waters are concerned, which are to be filled at source, as the appropriate balance between free movement of these goods and environmental protection has not been clearly struck.

(1) OJ L 365, 31.12.1994.