Germany: The European Commission will take Germany to court unless the government changes a law on deposits charged on non-reusable containers of beverages such as Heineken NV beer and Nestle SA's Vittel mineral water. The European Commission is suing Germany on objections that the deposit discriminates against imports, which are more likely to be shipped in non-refillable cans and plastic bottles, Bloomberg posted on October 20.

“In practice, it's very difficult for consumers to take the empty packaging back to a shop and get their deposit back,'' Jonathan Todd, a commission spokesman, told a Brussels news conference. “This has the effect of being an obstacle to trade in the internal market.''

Last week, Germany's upper house of parliament voted to simplify legislation levying deposits on beverage containers, excluding packaging considered environmentally friendly and bringing in a flat-rate deposit.

The chamber voted in favor of a motion put forward by the state of Bavaria to levy the deposits on all containers except those for wine, liquor, alcohol and milk, while exempting packaging such as tubular polyethylene bags, cartons and stand-up pouches. The plan is similar to existing government proposals to change a system that levies deposits at different rates only on specific types of drinks.

The commission will delay the court filing for three months because ``they are seriously considering changing the system,'' Todd said.

The government says it will put forward a new legislative proposal with the intention of gaining parliamentary approval by the end of this year.

“The German government welcomes the delay as it gives the states the chance to remove the remaining points of EU criticism'' and find a way to allow consumers to return containers to other locations than the same chain or point of sale, said Environment Ministry spokeswomen Frauke Stamer at a regular government press briefing in Berlin.

The commission has said it doesn't object in principle to container-return systems as an environmental initiative, as used in other European Union countries.

27 October, 2004