Vrij verkeer van goederen: Commissie neemt Duits statiegeldsysteem onder vuur (en)

The European Commission has decided to send Germany a formal request for information concerning the functioning of its deposit and return systems on certain kinds of 'one-way' (recyclable but non-reusable) beverage packaging such as cans and plastic bottles. The Commission is concerned that the way in which the systems function may constitute a disproportionate barrier to the free movement of packaged beverages from other Member States, in violation of the Treaty's Internal Market rules (Article 28) and of Article 7 of Directive 94/62/EC (the "Packaging Directive"). These measures particularly affect imported drinks, given that for reasons mainly related to long distance deliveries, some 95 per cent of imported drinks are in 'one way' packaging. The Commission's request will take the form of a letter of formal notice, the first step of an infringement procedure under Article 226 of the EC Treaty. Germany will be asked to respond within two months. If the Commission were not satisfied with the response, it could send a formal request (known as a reasoned opinion) for the system to be changed and if Germany did not comply, the Commission could take the case to the European Court of Justice.

Internal Market Commissioner Frits Bolkestein said "We have received many complaints that retailers in Germany are taking beverages imported from other EU countries off their shelves because of the mandatory deposit on one-way packaging combined with the absence of an effective return system. Customers cannot get their deposits back on empty packaging and retailers are reluctant to have to stockpile empty cans and bottles. If EU beverage manufacturers were effectively excluded from the German market, this would reduce choice for German consumers and could constitute a serious violation of Community law. The Commission is not contesting the principle of setting up a deposit and return system, which can be beneficial for environmental protection objectives. Such systems exist in other Member States and function in full conformity with EU law. But the Commission does have to investigate whether the deposit and return systems in Germany are fully compatible with EU law and are not inflicting disproportionate damage on the EU's manufacturing sector. The Commission has held detailed talks with the German authorities over this matter for several months. However, since no properly functioning nation-wide return system appears to be in place, I believe we now have no choice but to commence a formal infringement procedure. I remain hopeful that the matter can still be resolved quickly in cooperation with the German authorities and without the intervention of the European Court of Justice."

Under the German "Verpackungsverordnung" (law on packaging) a mandatory deposit of at least €0.25 or €0.50 (depending on the volume of the product) is being charged on mineral waters, beer and sparkling soft drinks sold in one-way packaging (typically, cans and plastic bottles).

However, there does not appear to be a properly functioning nationwide return system allowing consumers to return such one-way packaging to any point of sale to recover the deposits paid. Instead, retailers are only required to accept the return of packaging of the exact type, shape and size they have in their own stock. They can refuse to take back other types of empty packaging.

In the absence of a properly functioning nationwide return system, customers are less likely to buy beverages in 'one-way' packaging and retailers tend to no longer stock drinks sold in 'one-way' packaging on their shelves. The effect of the deposit and return system, as it currently exists, may therefore restrict imports of drinks into Germany, some 95 % of which use one-way packaging for sound economic reasons mainly related to long distance deliveries.

Furthermore, the current system encourages the development of specific packaging, as some retailers try to reduce the scope of their legal obligation to take back used packaging and refund deposits. Therefore, by exploiting both the literal wording of the relevant German law and their commercial power, they push their suppliers to provide them with products using a specific type of packaging not available to other retailers. In this way, these retailers limit their financial obligations, by only taking back and refunding the packaging of products they themselves have sold.

This practice is generally known as "Insellösungen" (island solutions). It increases manufacturing costs and can have a restrictive effect on imports from other Member States, as manufacturers have to set up separate production/packaging lines for some parts of the German market. It may also lead to higher prices.

The latest information on infringement proceedings concerning all Member States can be found at the following site:

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