COUNCIL DIRECTIVE of 15 January 1980 on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products (80/232/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 (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products (4) specifies the tolerable negative errors in the contents of such prepackages, together with the markings and methods of control to be applied to such prepackages for them to circulate throughout the Community;
Whereas, however, the said Directive does not remove all the barriers to trade in prepackaged products which result from differences in the laws on the metrological properties of such products ; whereas, in particular, the Member States have different provisions concerning the volume or weight of such products ; whereas such provisions must therefore be approximated;
Whereas, for a given product, the number of quantities which are so close to each other that they risk confusing the consumer should be reduced as far as possible, in the interests of greater market transparency;
Whereas these reductions should concern both the containers of prepackaged goods and products which are sold by weight or by volume;
Whereas Article 16 of Council Directive 71/316/EEC 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 (5), as amended by the Accession Treaty (6), provides that harmonization of the requirements for marketing certain products, in particular as regards the prescription of certain prepacked quantities, may be covered by separate Directives, (1)OJ No C 193, 18.8.1976, p. 3. (2)OJ No C 30, 7.2.1977, p. 34. (3)OJ No C 114, 11.5.1977, p. 30. (4)OJ No L 46, 21.2.1976, p. 1. (5)OJ No L 202, 6.9.1971, p. 1. (6)OJ No L 73, 27.3.1972, p. 4.
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to products put up in prepackages in accordance with Articles 1 and 2 of Directive 76/211/EEC and which are mentioned in the Annexes hereto ; it shall not apply to prepackaged products intended solely for professional use.
Article 2
The products referred to in Article 1 shall be divided into three groups:
(a)products sold by weight or by volume save those products referred to in (b) and (c).
Annex I lays down for each of these products the range of nominal quantities of the contents of the prepackages;
(b) products sold by weight or by volume and put up in the rigid containers listed in Annex II, save for those products listed in Annex I.
Annex II lays down for such products the range of capacities for such containers; (c) products put up in aerosol form.
Annex III lays down the volumes of the liquid phase for such products and, in the case of metal containers, the capacity of the container.
Article 3
Prepackages shall in all cases indicate the nominal weight or volume of the contents of the product in accordance with the requirements of Directive 76/211/EEC.
In the cases referred to in Article 2 (b) and (c), the containers shall also indicate, in such a way as not to lead to any confusion with the above indication, their nominal capacity, in accordance with the provisions of Annex II and point 1 of Annex III, or where applicable, a reference to the EN standards mentioned in the Annexes.
Article 4
Where a multipack is made up of two or more individual prepackages, the ranges of values listed in Annexes I, II and III shall apply to the individual prepackages.
Where a prepackage is made up of two or more individual packages which are not intended to be sold individually, the ranges of values listed in Annexes I, II and III shall apply to the prepackage.
Article 5
Member States may not refuse, prohibit or restrict the placing on the market of prepackages which satisfy the requirements of this Directive, on the grounds of their nominal quantity in the case of prepackages listed in Annex I and point 2 of Annex III, or of the nominal capacity of their containers in the case of prepackages listed in Annex II, or for either of these two reasons in the case of products listed in point 1 of Annex III.
Article 6
Before 1 January 1982 Member States may not refuse, prohibit or restrict the placing on the market of prepackages which satisfy the requirements of Directive 76/211/EEC, where the nominal quantity in, or capacity of, the container has a value which is not shown in this Directive and which were placed on the market of the Member States concerned at the date of its notification.
The first paragraph shall not apply to the measures which will be taken by the United Kingdom and Ireland to define ranges in SI units.
Article 7
Member States shall bring into force the measures necessary to comply with this Directive within 24 months of its notification and shall forthwith inform the Commission thereof.
Member States shall ensure that the texts of the main provisions of internal 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, 15 January 1980.