ABSTRACT
One of the most difficult issues of packaging waste at the European level has been the problem of how to handle disposed packaging which is manufactured for sale in both the Member State of origin and in other parts of the Community. Articles 85 and 86 of the Treaty set forth the competition rules for the Community. Article 92 provides that any aid which is given by a Member State is an infringement of the Treaty if it distorts or threatens to distort competition. Prior to the enactment of the Directive, France began using a Green Dot for its Eco-Emballages system. Pursuant to an agreement between Eco-Emballages and Duales System Deutschland, manufacturers in France and Germany agreed to pay one fee to place the Green Dot on their packaging, thereby assuring compliance with both national systems. As the Commission noted in its communication on recycling, several problems are affecting the competitiveness of the European recycling market.
