COUNCIL DIRECTIVE of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (75/106/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 (2);
Whereas in most of the Member States the conditions of presentation for sale of liquids in prepackages are the subject of mandatory regulations which differ from one Member State to another, thereby hindering trade in such prepackages ; whereas such provisions must therefore be approximated;
Whereas in order to enable consumers to be correctly informed, the method of marking on the prepackage the nominal volume of the liquid contained in the prepackage should be prescribed;
Whereas it is also necessary to specify the maximum permissible errors in the contents of prepackages and whereas a reference method for such control should be defined in order to provide a simple method of ensuring that prepackages conform with the provisions laid down;
Whereas it is necessary to reduce as far as possible the number of volumes of contents that are too close to others of the same product and which consequently are liable to mislead the consumer ; whereas, however, in view of the extremely high stocks of prepackages in the Community such a reduction can only be undertaken gradually;
Whereas Council Directive No 71/316/EEC (3) of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control, as last amended by the Act of Accession (4), provides, in Article 16, that the harmonization of the requirements for marketing certain products, in particular as regards the prescription, measurement and marking of prepacked quantities, may be covered by separate Directives; (1)OJ No C 56, 2.6.1972, p. 35. (2)OJ No C 123, 27.11.1972, p. 9. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 73, 27.3.1972, p. 14.
Whereas since too quick a change in the means of determining quantity laid down by their national legislation and the organization of new systems of control as well as the adoption of a new measurement system would present difficulties for certain Member States, a transitional period should be provided for these Member States ; whereas such provision should not, however, further inhibit intra-Community trade in the products concerned and should not prejudice implementation of the Directive in the other Member States,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive relates to prepackages containing the liquid products listed in Annex III measured by volume for the purpose of sale in individual quantities of between 0.05 litre and five litres inclusive.
Article 2
1. A prepackage within the meaning of this Directive is the combination of a product and the individual package in which it is prepacked.
2. A product is prepacked when it is placed in a package of whatever nature, without the purchaser being present, and the quantity of product contained in the package has a predetermined value and cannot be altered without modifying the package.
Article 3
1. The prepackages which may be marked with the EEC mark listed in subsection 3.3 of Annex I are those which comply with Annexes I and III.
2. They shall be subject to metrological control under the conditions defined in Annex I, Section 5, and in Annex II.
Article 4
1. All prepackages referred to in Article 3 must in accordance with Annex I bear an indication of the volume of liquid, called the "nominal volume of the contents", which they are required to contain.
2. For such prepackages only the nominal volumes of the contents indicated in Annex III shall be permitted.
3. Until the expiry of the transitional period during which the use of the imperial units of measurement appearing in Annex II to Council Directive No 71/354/EEC (1) of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurement, as last amended by the Act of Accession, is authorized in the Community, the indication of the nominal volume of the contents expressed in SI units of measurement in accordance with subsection 3.1 of Annex I to this Directive shall, if the United Kingdom or Ireland so desire and on their national territories, be accompanied by an indication of the nominal volume of the contents expressed in the equivalent imperial units of measurement, if they are given in Annex I to this Directive.
Article 5
Member States may not refuse, prohibit or restrict the placing on the market of prepackages which satisfy the requirements and tests laid down in this Directive for reasons concerning the volume of the contents, the determination of such volume or the methods by which they have been checked.
Article 6
The amendments necessary to adjust the provisions of Annexes I and II to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Articles 18 and 19 of Council Directive No 71/316/EEC.
Article 7
1. Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. By way of derogation from paragraph 1, Belgium, Ireland, the Netherlands and the United Kingdom may defer implementation of this Directive and the Annexes thereto until 31 December 1979 at the latest.
3. During the period in which the Directive is not operative in a Member State, that Member State shall not introduce stricter control measures regarding the quantity contained in prepackages covered by this Directive and coming from other Member States than those in force when the Directive was adopted. (1)OJ No L 243, 29.10.1971, p. 29.
4. During the same period the Member States which have introduced the Directive shall accept those prepackages coming from Member States benefiting from the derogation provided for in paragraph 2 of this Article which comply with the provisions of Annex I.1 and Annex III to the Directive, even if they do not bear the EEC mark referred to in subsection 3.3 of Annex I, on the same basis and under the same conditions as those prepackages which comply with all the provisions of the Directive.
5. Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 19 December 1974.