91997E1093

WRITTEN QUESTION E-1093/97 by Carles-Alfred Gasòliba i Böhm (ELDR) to the Commission (21 March 1997)

Subject: Requirements concerning packaging and packaging waste in the EU

The environmental protection measures adopted in Germany some years ago are having economic and environmental repercussions in other EU countries, especially Spain, because of the requirements concerning packaging and packaging waste.

The Töpffer law aimed to ensure that crates and pallets used for exports of fruit and vegetables were recycled and then reused by the exporters themselves instead of being turned into waste on German soil.

This requirement imposed an additional cost on Spanish exporters of fruit and vegetables, who are obliged to use an expensive product, which is, moreover, manufactured by a German company which has a monopoly on sales of the product (plastic crates).

All this is having serious economic repercussions on exporters and the packaging industry.

Does German policy in this area comply with Directive 94/62/EC ((OJ L 365, 31.12.1994, p. 10. )), in particular Article 7 thereof?

Does the Commission plan to take any action on this matter?

Answer given by Mrs Bjerregaard on behalf of the Commission (5 May 1997)

The German packaging ordinance of 1991 is the subject of infringement proceedings opened by the Commission. The Commission, in its letter of formal notice, held the view that elements of the German legislation are not in conformity with Article 30 of the EC Treaty.

The Commission, however, does not share the view of the Honourable Member that paragraph 4 of the German ordinance is in contradiction with Community law. It is to be stressed that Article 7 of Directive 94/62/EC of 20 December 1994 on packaging and packaging waste obliges Member States to ensure that systems are set up to provide for the return or collection of used packaging or packaging waste and the re-use or recovery including recycling of the packaging or packaging waste collected. This applies also to transport packaging. Paragraph 4 of the German ordinance sets up the obligation to return this type of packaging and to re-use or recycle it. Paragraph 11 provides that this obligation can also be fulfilled by a third person. There is therefore, according to the Commission, in this respect no specific burden on importers of packed products. Consequently, this provision is in conformity with Community law.