COUNCIL DIRECTIVE of 15 December 1969 on the approximation of the laws of the Member States relating to crystal glass (69/493/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee;
Whereas, with regard to the use of a special description for crystal glass products and the consequent obligation concerning the composition of such products, there are differences between the rules of certain Member States ; whereas those differences hinder trade in such products and can lead to distortions in competition within the Community;
Whereas those obstacles to the establishment and proper functioning of the common market can be eliminated by adoption of the same requirements by all the Member States;
Whereas, with regard to the descriptions laid down for the various categories of crystal glass and to the characteristics of those categories, the purpose of the Community provisions to be adopted is to protect both the buyer against fraud and the manufacturer who complies with those provisions;
Whereas implementation of a system of Community rules requires the establishment of standard methods for determining the chemical and physical properties of crystal glass products bearing descriptions laid down in this Directive;
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to the products falling within heading No 70.13 of the Common Customs Tariff.
Article 2
Member States shall take all necessary steps to ensure that the composition, characteristics of manufacture and labelling of the products referred to in Article 1, and all forms of publicity for such products, conform to the definitions and rules laid down in this Directive and in the Annexes thereto.
Article 3
Member States shall take all necessary steps to prevent the descriptions in column (b) of Annex I from being used commercially for products which do not have the corresponding characteristics specified in columns (d) to (g) of Annex I.
Article 4
1. If a product covered by this Directive bears one of the descriptions listed in column (b) of Annex I, it may also bear the corresponding identifying symbol shown and described in columns (h) and (i) of that Annex.
2. Where a trade mark, the name of an undertaking or any other inscription contains, as a main part, as an adjective or as a root, a description appearing in columns (b) and (c) of Annex I or a description liable to be confused therewith, Member States shall take all necessary steps to ensure that that trade mark, name or inscription is immediately preceded by the following, in very prominent lettering: (a) the description of the product, where that product has characteristics specified in columns (d) to (g) of Annex I;
(b) a statement of the exact nature of the product, where that product does not have characteristics specified in columns (d) to (g) of annex I. (1)OJ No C 108, 19.10.1968, p. 35.
Article 5
The description and identifying symbols given in Annex I may appear on one and the same label.
Article 6
The methods laid down in Annex II, and only those methods, shall be used to verify that products bearing descriptions and identifying symbols have the characteristics corresponding thereto as specified in columns (d) to (g) of Annex I.
Article 7
Products intended for export from the Community shall not be subject to the provisions of this Directive.
Article 8
Member States shall put into force the measures needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof. As soon as this Directive has been notified, Member States shall also ensure that they inform the Commission in time for it to submit its observations, of any subsequent drafts of main laws, regulations or administrative provisions which they propose to adopt in the field covered by this Directive.
Article 9
This Directive is addressed to the Member States.
Done at Brussels, 15 December 1969.