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I Information

Council

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COMMON POSITION (EC) No 32/2006

adopted by the Council on 23 November 2006

with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council of ... amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

(Text with EEA relevance)

(2006/C 311 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 999/2001 is hereby amended as follows:

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...

For the European Parliament

The President

...

For the Council

The President

...

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(1)OJ C 234, 22.9.2005, p. 26.

(2)  Opinion of the European Parliament of 17 May 2006 (not yet published in the Official Journal), Council common position of 23 November 2006 and Position of the European Parliament of ... (not yet published in the Official Journal).

(3)OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1041/2006 (OJ L 187, 8.7.2006, p. 10).

(4)OJ L 163, 23.6.2005, p. 1.

(5)OJ L 41, 14.2.2003, p. 41.

(6)OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006, p. 25).

(7)OJ L 283, 31.10.2003, p. 29.

(8)OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11.)

(9)OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006, p. 25).’;

(10)OJ C 174 E, 14.7.2005, p. 178.’;

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

II.   OBJECTIVES

The proposed Regulation intends to address Member States' concerns, particularly regarding:

III.   ANALYSIS OF THE COMMON POSITION

1.   General context

An agreement at first reading was reached on this dossier in May 2006.

The revision of the draft Regulation by lawyer-linguists of both institutions was carried out on 19 September 2006 (PE-CONS 3618/06).

In the meanwhile, the Council adopted Decision 2006/512/EC introducing a new procedure named ‘regulatory procedure with scrutiny’ into Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (Article 5a).

The new Committee procedure has to be followed to adopt measures of general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new nonessential elements.

2.   Adaptations introduced by the Council

Regulation (EC) No 999/2001 always refers to the Committee regulatory procedure when implementing powers are conferred to the Commission and therefore has to be adapted, when appropriate, to the new Committee regulatory procedure with scrutiny.

Due to the urgency of the matter (1), it will be necessary that the adoption of this Regulation by the Parliament and the Council take place by December 2006.

The Commission has accepted the common position agreed by the Council.

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(1)  Several implementing measures are blocked at Commission level.

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COMMON POSITION (EC) No 33/2006

adopted by the Council on 23 November 2006

with a view to adopting Directive 2006/.../EC of the European Parliament and of the Council of ... on the assessment and management of flood risks

(2006/C 311 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

The purpose of this Directive is to establish a framework for the assessment and management of flood risks, aiming at the reduction of the adverse consequences for human health, the environment, cultural heritage and economic activity associated with floods in the Community.

Article 2

For the purpose of this Directive, in addition to the definitions of ‘river’, ‘river basin’, ‘sub-basin’ and ‘river basin district’ as set out in Article 2 of Directive 2000/60/EC, the following definitions shall apply:

Article 3

1.   For the purposes of this Directive Member States shall make use of the arrangements made under Article 3(1), (2), (3), (5) and (6) of Directive 2000/60/EC.

2.   However, for the implementation of this Directive, Member States may:

In these cases, Member States shall, by... (9), communicate to the Commission the information referred to in Annex I to Directive 2000/60/EC. For this purpose, any reference to competent authorities and river basin districts shall be taken as references to the competent authorities and unit of management referred to in this Article. Member States shall inform the Commission of any changes in the information provided pursuant to this paragraph within three months of the change coming into effect.

CHAPTER II

PRELIMINARY FLOOD RISK ASSESSMENT

Article 4

1.   Member States shall, for each river basin district or unit of management referred to in Article 3(2)(b) or the portion of an international river basin district lying within their territory, undertake a preliminary flood risk assessment in accordance with paragraph 2 of this Article.

2.   A preliminary flood risk assessment shall be undertaken to provide an assessment of potential risks based on available or readily derivable information, such as records. The assessment shall include at least the following:

and, where appropriate, it shall include:

3.   In the case of international river basin districts, or units of management referred to in Article 3(2)(b) which are shared with other Member States, Member States shall ensure that exchange of relevant information takes place between the competent authorities concerned.

4.   Member States shall complete the preliminary flood risk assessment by 22 December 2012.

Article 5

1.   On the basis of a preliminary flood risk assessment as referred to in Article 4, Member States shall, for each river basin district, or unit of management referred to in Article 3(2)(b), or portion of an international river basin district lying within their territory, identify those areas for which they conclude that potential significant flood risks exist or might reasonably be considered likely to occur.

2.   The identification under paragraph 1 of areas belonging to an international river basin district, or to a unit of management referred to in Article 3(2)(b) shared with another Member State, shall be coordinated between the Member States concerned.

CHAPTER III

FLOOD HAZARD MAPS AND FLOOD RISK MAPS

Article 6

1.   Member States shall, at the level of the river basin district or unit of management referred to in Article 3(2)(b), prepare flood hazard maps and flood risk maps, at the most appropriate scale for the areas identified under Article 5(1).

2.   The preparation of flood hazard maps and flood risk maps for areas identified under Article 5 which are shared with other Member States shall be subject to prior exchange of information between the Member States concerned.

3.   Flood hazard maps shall cover the geographical areas which could be flooded according to the following scenarios:

4.   For each scenario referred to in paragraph 3 the following elements shall be shown:

5.   Flood risk maps shall show the potential adverse consequences associated with flood scenarios referred to in paragraph 3 and expressed in terms of the following:

6.   Member States may decide that, for coastal areas where an adequate level of protection is in place, the preparation of flood hazard maps shall be limited to the scenario referred to in paragraph 3(a).

7.   Member States may decide that, for areas where flooding is from groundwater sources, the preparation of flood hazard maps shall be limited to the scenario referred to in paragraph 3(a).

8.   Member States shall ensure that the flood hazard maps and flood risk maps are completed by 22 December 2013.

CHAPTER IV

FLOOD RISK MANAGEMENT PLANS

Article 7

1.   On the basis of the maps referred to in Article 6, Member States shall establish flood risk management plans coordinated at the level of the river basin district or unit of management referred to in Article 3(2)(b) for the areas identified under Article 5(1) and the areas covered by Article 13(1)(b) in accordance with paragraphs 2 and 3 of this Article.

2.   Member States shall establish appropriate objectives for the management of flood risks for the areas identified under Article 5(1) and the areas covered by Article 13(1)(b), focusing on the reduction of potential adverse consequences of flooding for human health, the environment, cultural heritage and economic activity, and, if considered appropriate, on non-structural initiatives and/or on the reduction of the likelihood of flooding.

3.   Flood risk management plans shall include measures that aim at achieving the objectives established in accordance with paragraph 2 and shall include the components set out in Part A of the Annex.

Flood risk management plans shall take into account relevant aspects such as costs and benefits, flood extent and flood conveyance routes and areas which have the potential to retain flood water, the environmental objectives of Article 4 of Directive 2000/60/EC, soil and water management, spatial planning, land use, nature conservation, navigation and port infrastructure.

Flood risk management plans shall address all aspects of flood risk management focusing on prevention, protection, preparedness, including flood forecasts and early warning systems and taking into account the characteristics of the particular river basin or sub-basin. Flood risk management plans may also include the controlled flooding of certain areas in the case of a flood event.

4.   Flood risk management plans established in one Member State shall not include measures which, by their extent and impact, significantly increase flood risks upstream or downstream of other countries in the same river basin or sub-basin, unless these measures have been coordinated and an agreed solution has been found among the Member States concerned in the framework of Article 8.

5.   Member States shall ensure that flood risk management plans are completed and published by 22 December 2015.

Article 8

1.   For river basin districts or units of management referred to in Article 3(2)(b) which fall entirely within their territory, Member States shall ensure that one single flood risk management plan, or a set of flood risk management plans coordinated at the level of the river basin district, is produced.

2.   Where an international river basin district or unit of management referred to in Article 3(2)(b) falls entirely within the Community, Member States shall ensure coordination with the aim of producing one single international flood risk management plan, or a set of flood risk management plans coordinated at the level of the international river basin district. Where such plans are not produced, Member States shall produce flood risk management plans covering at least the parts of the international river basin district falling within their territory, as far as possible coordinated at the level of the international river basin district.

3.   Where an international river basin district or unit of management referred to in Article 3(2)(b) extends beyond the boundaries of the Community, Member States shall endeavour to produce one single international flood risk management plan or a set of flood risk management plans coordinated at the level of the international river basin district; where this is not possible, paragraph 2 shall apply for the parts of the international river basin falling within their territory.

4.   The flood risk management plans referred to in paragraphs 2 and 3 shall be supplemented, where considered appropriate by countries sharing a sub-basin, by more detailed flood risk management plans coordinated at the level of the international sub-basins.

5.   Where a Member State identifies an issue which has an impact on the management of flood risks of its water and that issue cannot be resolved by that Member State, it may report the issue to the Commission and any other Member State concerned and may make recommendations as to how the issue should be resolved.

The Commission shall respond to any report or recommendations from Member States within a period of six months.

CHAPTER V

COORDINATION WITH DIRECTIVE 2000/60/EC, PUBLIC INFORMATION AND CONSULTATION

Article 9

Member States shall take appropriate steps to coordinate the application of this Directive and that of Directive 2000/60/EC focusing on opportunities for improving efficiency, information exchange and for achieving common synergies and benefits having regard to the environmental objectives laid down in Article 4 of Directive 2000/60/EC. In particular:

Article 10

1.   In accordance with applicable Community legislation, Member States shall make available to the public the preliminary flood risk assessment, the flood hazard maps, the flood risk maps and the flood risk management plans.

2.   Member States shall encourage active involvement of interested parties in the production, review and updating of the flood risk management plans referred to in Chapter IV.

CHAPTER VI

IMPLEMENTING MEASURES AND AMENDMENTS

Article 11

1.   The Commission may, in accordance with the procedure referred to in Article 12(2), adopt technical formats for the purpose of processing and transmission of data, including statistical and cartographic data, to the Commission. The technical formats should be adopted at least two years before the dates indicated respectively in Articles 4(4), 6(8) and 7(5), taking into account existing standards as well as formats developed under relevant Community acts.

2.   The Commission may, taking into account the periods for review and updating and in accordance with the procedure referred to in Article 12(2), adapt the Annex to scientific and technical progress.

Article 12

1.   The Commission shall be assisted by the committee established under Article 21 of Directive 2000/60/EC (hereinafter referred to as ‘the Committee’).

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its rules of procedure.

CHAPTER VII

TRANSITIONAL MEASURES

Article 13

1.   Member States may decide not to undertake the preliminary flood risk assessment referred to in Article 4 for those river basins, sub-basins or coastal areas where they have either:

2.   Member States may decide to make use of flood hazard maps and flood risk maps finalised before 22 December 2010, if such maps provide a level of information equivalent to the requirements of Article 6.

3.   Member States may decide to make use of flood risk management plans finalised before 22 December 2010, provided the content of these plans is equivalent to the requirements set out in Article 7.

4.   Paragraphs 1, 2 and 3 shall apply without prejudice to Article 14.

CHAPTER VIII

REVIEWS, REPORTS AND FINAL PROVISIONS

Article 14

1.   The preliminary flood risk assessment, or the assessment and decisions referred to in Article 13(1), shall be reviewed, and if necessary updated, by 22 December 2018 and every six years thereafter.

2.   The flood hazard maps and the flood risk maps shall be reviewed and if necessary updated, by 22 December 2019 and every six years thereafter.

3.   The flood risk management plan(s) shall be reviewed, and if necessary updated, including the components set out in part B of the Annex, by 22 December 2021 and every six years thereafter.

4.   The likely impact of climate change on the occurrence of floods shall be taken into account in the reviews referred to in paragraphs 1 and 3.

Article 15

1.   Member States shall make available the preliminary flood risk assessment, the flood hazard maps, the flood risk maps and flood risk management plans referred to in Articles 4, 6 and 7, as well as their review and, where applicable, their updates to the Commission within three months after the dates indicated respectively in Articles 4(4), 6(8), 7(5) and 14.

2.   Member States shall inform the Commission of the decisions taken in accordance with Article 13(1), (2) and (3) and make available the relevant information thereon by the dates indicated respectively in Articles 4(4), 6(8) and 7(5).

Article 16

The Commission shall, by 22 December 2018, and every six years thereafter, submit to the European Parliament and to the Council a report on the implementation of this Directive.

Article 17

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ... (11). They shall forthwith inform the Commission thereof.

When they are adopted by Member States, these measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 18

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 19

This Directive is addressed to the Member States.

Done at,

For the European Parliament

The President

...

For the Council

The President

...

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(1)  Opinion of 17 May 2006 (not yet published in the Official Journal).

(2)  Opinion of the European Parliament of 13 June 2006 (not yet published in the Official Journal) and Council Decision of ... (not yet published in the Official Journal).

(3)OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

(4)OJ L 186, 5.8.1995, p. 42.

(5)OJ L 297, 15.11.2001, p. 7.

(6)OJ L 311, 14.11.2002, p. 3.

(7)OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(8)OJ C 321, 31.12.2003, p. 1.

(9)  Two years and a half after the date of entry into force of this Directive.

(10)OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 (OJ L 33, 4.2.2006, p. 1).

(11)  Two years after the date of entry into force of this Directive.

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ANNEX

A.   FLOOD RISK MANAGEMENT PLANS

B.   COMPONENTS OF THE SUBSEQUENT UPDATE OF FLOOD RISK MANAGEMENT PLANS:

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(1)OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17).

(2)OJ L 10, 14.1.1997, p.13. Directive as last amended by Directive 2003/105/EC of the European Parliament and of the Council (OJ L 345, 31.12.2003, p. 97).

(3)OJ L 197, 21.7.2001, p. 30.

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

The Commission adopted its proposal for a Directive of the European Parliament and of the Council on the assessment and management of floods on 18 January 2006.

The European Parliament adopted its first-reading opinion on 13 June 2006.

The Committee of the Regions has decided not to deliver an opinion.

The Economic and Social Committee adopted its opinion on 17 May 2006.

The Council adopted its common position on 23 November 2006.

II.   OBJECTIVE

The objective of this Directive is to establish a framework for the assessment and management of flood-related risks to human health, the environment, cultural heritage and economic activity. It will ask for a preliminary flood risk assessment, flood mapping in all areas with a significant flood risk, coordination within shared river basins and production of flood risk management plans through a broad participatory process.

Given the diversity across the EU in terms of geography, hydrology and settlement structure, the proposed Directive provides considerable flexibility for Member States to determine the objectives for the management of flood risks, the measures to be taken to achieve these objectives, and the timetables for implementing measures in the flood risk management plans.

The application of the proposed Directive and that of the Water Framework Directive shall be coordinated.

III.   ANALYSIS OF THE COMMON POSITION

1.   General

The common position incorporates a number of the European Parliament's first reading amendments, either verbatim, in part or in spirit. These improve or clarify the text of the proposed Directive.

However, other amendments are not reflected in the common position because the Council agreed that they were unnecessary and/or unacceptable.

2.   General provisions (Title, Chapter I)

The common position is consistent with Amendment 1, which changes the title of the Directive. Since the reference to the attainment of environmental objectives laid down in existing Community legislation is covered by the Directive's legal basis, Amendment 26 was taken in part. The common position is not aligned with Amendment 27 which would limit the application of the Directive to specific causes of floods. The consequences for human health and economic activity are also mentioned in the definition of flood risk. The Council, however, adds a non-exhaustive list of types of flood and the possibility of excluding floods from sewerage systems. Amendments 28 and 29 were taken in part and in full, respectively.

Amendment 30 on the use of other competent authorities was taken in full. In addition, a possibility of using units of management different from those assigned pursuant to Article 3(1) of Directive 2000/60/EC was introduced.

3.   Preliminary flood risk assessment (Chapter II)

Amendments 32 and 33 were taken in full. Article 4 was simplified to reduce the administrative burden of the preliminary flood risk assessments and, consequently, Amendments 34 and 36 were not accepted. However, the assessment of the effectiveness of existing flood protection infrastructure as mentioned in Amendment 36 forms an implicit part of any flood risk assessment. A distinction between past and future floods was also made. In Article 4(2)(d), the Council made the taking into account of future floods optional for Member States.

The Council deleted Article 5 (1)(a) of the original proposal to which Amendment 38 is referring to with the aim of simplifying and streamlining the text. Amendment 39 was accepted in spirit. Amendment 40 was taken over in Article 4.

4.   Flood hazard maps and flood risk maps (Chapter III)

The issue of subsidies is beyond the scope of this Directive and Amendment 85 was therefore not accepted. Amendments 42 and 43 were rejected because they were redundant. Amendments 44, 46 and 48 are covered by Article 6(5)(d), which leaves it up to Member States to decide on other information to include in flood risk maps. Article 7(3) is also consistent with Amendment 48. Amendment 45 is redundant since the wording in the common position has changed. Amendment 47 was rejected since it is not feasible to distinguish between and map specific causes of floods, and Amendment 49 was taken over in part.

Amendments 50 and 51 were not acceptable because they added extra layers to the risk assessment and characterisation process. Amendment 52 was accepted in Article 6(5)(d).

5.   Flood risk management plans (Chapter IV, Annex)

The part of Amendments 35 and 60 which related to cost and benefit considerations was taken over in Article 7(3). Amendment 53 was not taken, since it is not necessary to make an explicit reference to other Directives Member States have to comply with. Article 7(3) is consistent with Amendment 54 as regards flood plain areas and conveyance routes. Amendment 56 was taken up insofar as it related to the solidarity principle and Amendment 57 was partly accepted as regards non-structural measures and as far as flood risk management plans shall not include measures which may increase flood risk upstream or downstream of other countries (Article 7(4)).

Amendment 58 was not acceptable since the Council did not wish to lay stress on the review of flood events. Amendment 59 was taken in principle in the Annex. Amendment 61 was taken in part and principle as regards the principle of solidarity. Amendment 62 was not accepted so as to keep the solidarity principle sufficiently general. Amendment 63 was not accepted since the suggested coordination procedure was not taken on board and certain parts of the amendment were unnecessary.

Amendments 64 and 65 were taken in part and principle with respect to coordination for the whole of the river basin. Amendment 66 was fully taken but with different wording, reproducing the text from the Water Framework Directive. The two separate votes were rejected since the Council wanted to maintain the coordination optional. Amendment 68 was taken in principle in the common position by making a reference to public participation in Article 10(1). Amendment 69 was rejected because involvement of the public was already covered in Article 10. The common position does not include details of preparedness measures and is therefore not consistent with Amendments 69 and 70. Amendment 72 was rejected because it is not appropriate in the context of reporting requirements.

Amendment 74 was rejected. The Council believes that Article 7(3) already provided the link between this Directive and the Water Framework Directive. It is up to Member States to define the measures aimed at reducing the potential adverse consequences of flooding. Amendment 75 was rejected since the terminology is inconsistent with Articles 7(2) and 7(3). Amendment 86 was accepted.

6.   Transitional measures (Chapter VII)

The common position builds on existing work at national and regional levels, namely flood hazard maps, flood risk maps and management plans. Article 13 takes on board, in part and/or in principle, Amendments 31, 37, 41, 55 and 71.

7.   Other

IV.   CONCLUSION

The Council considers that its common position largely takes into account the opinion of the European Parliament at first reading. It represents a balanced and realistic solution aiming to reduce the consequences of floods in the European Union, while ensuring a close link to the implementation of the Water Framework Directive. The Council looks forward to a constructive discussion with the European Parliament with a view to the early adoption of the Directive.

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COMMON POSITION (EC) No 34/2006

adopted by the Council on 4 December 2006

with a view to adopting Directive 2006/.../EC of the European Parliament and of the Council of ... laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC

(2006/C 311 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.   This Directive lays down rules on the nominal quantities for products put up in prepackages. It shall apply to prepacked products and prepackages, as defined in Article 2 of Directive 76/211/EEC.

2.   This Directive shall not apply to the products listed in the Annex which are sold in duty-free shops for consumption outside the European Union.

Article 2

Free movement of goods

1.   Save as otherwise provided for in Articles 3 and 4, Member States may not, on grounds relating to the nominal quantities of the package, refuse, prohibit or restrict the placing on the market of prepacked products.

2.   While respecting the principles stated in the Treaty and, in particular, the free movement of goods, Member States which currently prescribe mandatory nominal quantities for milk, butter, dried pasta and coffee may continue to do so until ... (9).

Member States which currently prescribe mandatory nominal quantities for white sugar may continue to do so until ... (10).

CHAPTER II

SPECIFIC PROVISIONS

Article 3

Placing on the market and free movement of certain products

Member States shall ensure that the products listed in point 2 of the Annex and put up in prepackages in the intervals listed in point 1 of the Annex are placed on the market only if they are prepacked in the nominal quantities listed in point 1 of the Annex.

Article 4

Aerosol dispensers

1.   Aerosol dispensers shall indicate the nominal total capacity of the container. The indication shall be such as not to create confusion with the nominal volume of the contents.

2.   By way of derogation from Article 8(1)(e) of Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (11), products which are sold in aerosol dispensers need not be marked with the nominal weight of their contents.

Article 5

Multi-packs and prepackages made up of individual packages which are not intended to be sold individually

1.   For the purposes of Article 3, where two or more individual prepackages make up a multi-pack, the nominal quantities listed in point 1 of the Annex shall apply to each individual prepackage.

2.   Where a prepackage is made up of two or more individual packages which are not intended to be sold individually, the nominal quantities listed in point 1 of the Annex shall apply to the prepackage.

CHAPTER III

REPEALS, AMENDMENT AND FINAL PROVISIONS

Article 6

Repeals

Directives 75/106/EEC and 80/232/EEC shall be repealed.

Article 7

Amendment

In Article 1 of Directive 76/211/EEC, the words ‘with the exception of those referred to in the Council Directive 75/106/EEC 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, and’ shall be deleted.

Article 8

Transposition

1.   Before ... (12) Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

They shall apply those measures from ... (13).

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 9

Reporting, communication of derogations and monitoring

1.   The Commission shall submit a report on the application and effects of this Directive to the European Parliament, the Council and the European Economic and Social Committee by ... (14) at the latest, and every ten years thereafter. Where necessary, the report shall be accompanied by a proposal for revision of this Directive.

2.   The Member States referred to in Article 2, paragraph 2 shall communicate to the Commission before ... (13) the sectors subject to the derogation referred to in that paragraph, the period of such derogation, the range of mandatory nominal quantities applied and the interval concerned.

3.   The Commission shall monitor the application of Article 2(2) based on its own findings and on reports from the Member States concerned.

Article 10

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Articles 2, 6 and 7 shall apply from ... (13).

Article 11

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

The President

...

For the Council

The President

...

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(1)OJ C 255, 14.10.2005, p. 36.

(2)  Opinion of the European Parliament of 2 February 2006 (not yet published in the Official Journal), Council Common Position of 4 December 2006 and Position of the European Parliament of ... (not yet published in the Official Journal)

(3)OJ L 42, 15.2.1975, p. 1. Directive as last amended by the 2003 Act of Accession.

(4)OJ L 51, 25.2.1980, p. 1. Directive as last amended by Directive 87/356/EEC (OJ L 192, 11.7.1987, p. 48).

(5)  [2000] ECR I-8749.

(6)OJ L 80, 18.3.1998, p. 27.

(7)OJ L 46, 21.2.1976, p. 1. Directive as amended by Commission Directive 78/891/EEC (OJ L 311, 4.11.1978, p. 21).

(8)OJ C 321, 31.12.2003, p. 1.

(9)  60 months after the date of entry into force of this Directive.

(10)  72 months after the date of entry into force of this Directive.

(11)OJ L 147, 9.6.1975, p. 40. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(12)  12 months after the date of entry into force of this Directive.

(13)  18 months after the date of entry into force of this Directive.

(14)  8 years after the date of entry into force of this Directive.

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ANNEX

RANGE OF NOMINAL QUANTITIES OF CONTENTS OF PREPACKAGES

1.   Products sold by volume (quantity in ml)

2.   Product definitions

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(1)OJ L 179, 14.7.1999 p. 1. Regulation as last amended by Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).

(2)OJ L 118, 4.5.2002 p. 1. Regulation as last amended by Regulation (EC) No 1507/2006 (OJ L 280, 12.10.2006, p. 9).

(3)OJ L 149, 14.6.1991 p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(4)OJ L 160, 12.6.1989 p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

On 2 December 2004, the Commission forwarded to the Council and to the European Parliament a proposal (1) for a Directive of the European Parliament and of the Council laying down rules on nominal quantities for pre-packed products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC based on Article 95 of the Treaty.

II.   OBJECTIVES

The proposed Directive aims to repeal Directives 75/106/EEC and 80/232/EEC, to abolish nominal quantities of pack sizes for most sectors, to maintain obligatory nominal quantities for a very limited number of sectors and to include them in a single legislative instrument. The main thrust of the proposed Directive is to deregulate, as a wide consultation of the stakeholders has shown that most arguments are in favour of liberalising nominal quantities.

III.   COMMON POSITION

The common position adopted by the Council reflects partially the opinion of the European Parliament at first reading. Some of Parliament's amendments were already incorporated in the Commission's amended proposal.

A number of Parliament's amendments have been reflected either in full or in part in the common position.

All modifications to the Commission's amended proposal introduced by the Council in its common position have been accepted by the Commission.

Neither the Council nor the Commission could, however, accept the European Parliament amendments to harmonise sizes in sectors where this is currently not the case, namely milk, butter, coffee, pasta, rice and brown sugar.

Detailed analysis of the Common Position

The Council has accepted in full the amendments 1,2, 4, 5, 8, 10 to 12, 14 and in principle the amendments 3, 6, 7, 13, 16, though slightly reworded.

The Council does not consider that the sectors of milk, butter, coffee, pasta, rice and brown sugar, that currently do not have harmonised mandatory sizes, require an EC range of nominal quantities.

The Council has introduced, in Article 2 (2), a transitional period of five years after the entry into force of the Directive, during which time the currently existing national sizes can be maintained for domestic production of milk, butter, coffee, dried pasta and rice as well as a period of six years for white sugar.

IV.   CONCLUSION

The Council considers that its common position is well in line with the original objectives of the proposed Directive.

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