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The European Court has ruled that German bottle and can recycling rules discriminate against foreign drinks firms, but proponents of a similar system hope to see it introduced in Malta, MaltaToday has learned.
On 14 December the EU’s highest court ruled the German system of mandatory return and deposit of drink packages illegal on the basis that it imposes disproportionate trade restrictions on other EU producers. The decision has not however discouraged Maltese environmentalists who believe a slightly different system can be introduced in Malta.
The German system - under which a mandatory deposit is charged on mineral water, beer and sparkling soft drinks that are sold in one-way packaging - was rejected on the basis that foreign producers of beverage packaging especially water bottled at source were not being given enough time to adapt. The court ruling indicated the system was discriminatory against those that produce drinks in non-reusable packaging.
The court ruled that Germany failed to establish a proper system for producers of natural mineral water which are required to bottle water at source.
“The Court of Justice has handed down a landmark judgment… that a deposit/return obligation for single-use drinks packaging can contribute to reducing packaging waste only if all producers and retailers can take part in an operational return system,” EU industry chief Günter Verheugen said.
But in Malta a member of the Eco Contribution Commission who preferred not to be named said: “Malta is very far from fulfilling its obligations to achieve the targets of the EU’s packaging directive and without a return deposit system I don’t think we will ever come in line.”
The source said: “A refund deposit system is imperative for Malta and given the island’s size will be easier to put into place. In Germany bottles often have to travel for miles creating another environmental cost, but in Malta the buck stops with the manufacturer or importer and these are at closer quarters.”
The commission appointed to review Malta’s eco-contribution regime is expected to present its case to government in the coming days.
A spokesperson for Friends of the Earth, Martin Galea de Giovanni, told MaltaToday “Malta should not go for as stringent a law as what was introduced in Germany, but the importers and producers should accept their responsibility and agree to the kind of refund deposit system that has been so successful with soft drinks.”
The EU court’s ruling has been publicised by GreenPak Limited which is promoting the adoption of Green Dot system.
GreenPak said: “At some point Government planned to extend the current mandatory deposit refund system to include all types of beverage containers but given the decision taken earlier this month by the European Court, this now seems unlikely.
“The government through WasteServ, has introduced recycling initiatives through bring-in-sites, but has so far only managed to recycle some 1 per cent of the 24 percent overall recycling target for 2004. Every four years this target will double so that by 2013, Malta should be recycling 80 percent of its packaging waste.”
GreenPak Ltd is proposing to the authorities to “take up the obligations of its members and aims to set up systems that will ensure the recovery and recycling of the packaging waste as required by law.”
The company said yesterday that “such a system does not rely on the use of a deposit refund for the collection of discarded packaging. Instead it uses a range of different alternatives including door-to-door collection, deposit banks and selective collection methods.”
Friends of the Earth, which backs a refund deposit system, but sees no reason why it cannot be introduced alongside a Green Dot one, calls on the government to adopt a refund deposit system stating that it is the only one which will have any chance of bringing Malta close to its EU recycling targets.
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