Berlin under pressure over drinks law

Date: 23/03/2000

By Renée Cordes

THE European Commission has asked Germany to supply more information about controversial national laws requiring most drinks to be sold in refillable containers before deciding whether to pursue legal action against the country.

The move has been welcomed by European drinks, can and bottle manufacturers who have been clamouring for action against Berlin. The case is seen as a crucial test of the balance to be struck between measures designed to protect the environment and those aimed at ensuring the free movement of goods in the single market.

Officials in the Commission's environment department have repeatedly recommended that the case be dropped, arguing that the law is effective in reducing packaging waste and does not constitute a barrier to trade.

But single market officials insist that it should go ahead, claiming that rules requiring that 72% of all beverage containers are reusable and that deposits are paid on non-reusable bottles and cans hamper the free movement of goods.

The internal row within the EU executive has not been resolved, but the ball is now in Berlin's court to justify the restrictions - or propose amendments to the law. "The idea is to put some specific questions to the Germans to allow for a good discussion," said a Commission official. "These talks are ongoing."

Although drinks-can makers have welcomed the move, some are concerned that Germany might simply amend the law to exempt bottles for some mineral waters and quality wines from the quotas.

Bob Schmitz, of Beverage Can Makers Europe, acknowledged that there might be "logistical and legal" reasons for treating these drinks as a special case" as they are bottled at source, but warned that this could lead to further "discrimination between products".

The European Commission has asked Germany to supply more information about controversial national laws requiring most drinks to be sold in refillable containers before deciding whether to pursue legal action against the country.