The European Commission has closed an infringement procedure against Germany relating to the deposit system for one-way drinks packaging, such as cans and plastic bottles. The Commission considers that the rules applied are now in line with the requirements concerning the free movement of goods and Directive 94/62/EC on packaging and packaging waste.

Under the applicable German 'Verpackungsverordnung' (Packaging Order), a mandatory deposit of €0.25 is charged on mineral waters, beer and soft drinks [note: since 1 May 2006 this also applies to non-fizzy soft drinks] sold in one-way packaging (typically, cans and plastic bottles). In its infringement procedure, the Commission had argued that there was no functioning nation-wide take-back system at the time of the introduction of the deposit obligation. Retailers were only required to accept the return of packaging of the exact type, shape and size they had in their own stock. This cumbersome legislation made it difficult to import beverages into Germany and constituted a barrier to trade in the internal market.

Following two judgments of the European Court of Justice (C-463/01 and C-309/02) and further discussions with the Commission, Germany reworked the deposit system and simplified the rules on the recovery of the deposit for consumers. One-way bottles can now be returned in principle in every shop selling beverages in packaging of the same material type.

The Commission has closely monitored the recent changes, which entered into force on 1 May 2006, and has come to the conclusion that the new system is working properly and is also applied to imported products without any discrimination.

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