1976L0211 — EN — 29.09.1978 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 20January 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
(76/211/EEC)
(OJ L 46, 21.2.1976, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Directive 78/891/EEC of 28 September 1978 L 311 21 4.11.1978
1976L0211 — EN — 29.09.1978 — 001.001 — 2
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COUNCIL DIRECTIVE
of 20January 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
(76/211/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 products in prepackages are the subject of mandatory regula-tions which differ from one Member State to another, thereby hinderingtrade in such prepackages; whereas such provisions must therefore beapproximated;
Whereas, in order to enable consumers to be correctly informed, the
method of marking on the prepackage the nominal weight or volume ofthe product contained in the prepackage, should be presented;
Whereas it is also necessary to specify the tolerable negative errors in
the contents of prepackages and whereas a reference method for suchcontrol should be defined in order to provide a simple method ofensuring that prepackages conform to the provisions laid down;
Whereas Article 16 of Council Directive 71/316/EEC of 26 July 1971
on the approximation of the laws of the Member States relating tocommon provisions for both measuring instruments and methods ofmetrological control(
3), as last amended by the Act of Accession(4),
provides that the harmonization of the requirements for marketingcertain products, in particular as regards the measurement and markingof prepacked quantities, may be covered by separate Directives;
Whereas since too quick a change in the means of determining quantity
laid down by their national legislation and the organization of newsystems of control as well as the adoption of a new measurementsystem would present difficulties for certain Member States, a trans-itional period should be provided for these Member States; whereassuch provision should not, however, further inhibit intra-Communitytrade in the products concerned and should not prejudice implementa-tion of the Directive in the other Member States,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive relates to prepackages containing products with the
exception of those referred to in the Council Directive 75/106/EEC of19 December 1974 on the approximation of the laws of the MemberStates relating to the making-up by volume of certain prepackagedliquids (
5), and intended for sale in constant unit nominal quantities
which are:
(1) OJ No C 48, 25. 4. 1974, p. 21.
(2) OJ No C 109, 19. 9. 1974, p. 16.
(3) OJ No L 202, 6. 9. 1971, p. 1.
(4) OJ No L 73, 27. 3. 1972, p. 14.
(5) OJ No L 42, 15. 2. 1975, p. 1.
1976L0211 — EN — 29.09.1978 — 001.001 — 3
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— equal to values predetermined by the packer,
— expressed in units of weight or volume,— not less tha n5go r5m la n dn o t more than 10 kg or 10 l.
Article 2
1. A prepackage within the meaning of this Directive is the combina-
tion 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 productcontained in the package has a predetermined value and cannot bealtered without the package either being opened or undergoing aperceptible modification.
Article 3
1. The prepackages which may bear the EEC sign specified in
section 3.3 of Annex I are those which comply with this Directive andwith Annex I thereto.
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 weight or volume of the product,known as ‘nominal weight' or ‘nominal volume', which they arerequired to contain.
2. Prepackages containing liquid products shall be marked with their
nominal volume and prepackages containing other products shall bemarked with their nominal weight, except in the case of trade practiceor national regulations which provide otherwise and which are identicalin all Member States, or in the case of contrary Community rules.
3. If trade practice or national regulations are not the same in all
Member States for a category of products or for a type of prepackage,those prepackages must at least show the metrological informationcorresponding to the trade practice or national regulations prevailing inthe country of destination.
4. Until the expiry of the transitional period during which the use of
the imperial units of measurement appearing in Annex II to CouncilDirective 71/354/EEC of 18 October 1971 on the approximation of thelaws of the Member States relating to units of measurement(
1), as
amended by the Act of Accession, is authorized in the Community, theindication of the nominal weight and/or nominal volume of the contentsexpressed in SI units of measurement in accordance with section 3.1 ofAnnex I to this Directive shall, if the United Kingdom or Ireland sodesires, be accompanied on their national territories by an indication ofthe equivalent value in imperial units of measurement (UK), calculatedon the basis of the following conversion factors:
1 g = 0.0353 ounces (avoirdupois),1 kg = 2.205 pounds1 ml = 0.0352 fluid ounces,1 l = 1.760 pints or 0.220 gallons.
Article 5
Member States may not refuse, prohibit or restrict the placing on the
market of prepackages which satisfy the requirements and tests laiddown in this Directive for reasons concerning the markings required tobe borne by such prepackages pursuant to this Directive, the deter-
(1) OJ No L 243, 29. 10. 1971, p. 29.
1976L0211 — EN — 29.09.1978 — 001.001 — 4
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mination of their volume or weight, or the methods by which they havebeen measured or checked.
Article 6
The amendments necessary to adapt the requirements of Annexes I and
II to this Directive to technical progress shall be adopted in accordancewith the procedure laid down in Articles 18 and 19 of Directive 71/316/EEC.
Article 7
1. Member States shall bring into force the laws, regulations and
administrative provisions needed in order to comply with this Directivewithin 18 months of its notification and shall forthwith inform theCommission thereof.
2. By way of derogation from paragraph 1, Belgium, Ireland, the
Netherlands and the United Kingdom may defer implementation of thisDirective 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 controlmeasures regarding the quantity contained in prepackages covered bythis Directive and coming from other Member States than those in forcewhen the Directive was adopted.
4. During the same period, the Member States which have imple-
mented the Directive shall accept those prepackages coming fromMember States benefiting from the derogation provided for in paragraph2 of this Article which comply with section 1 of Annex I, even if theydo not bear the EEC sign referred to in section 3.3 of Annex I, on thesame basis and under the same conditions as those prepackages whichcomply with all the requirements of the Directive.
5. The checks provided for by Annex I, section 5 shall be carried out
by the competent authorities of the Member State of destination whenprepackages manufactured outside the Community are imported into theterritory of the Community in a Member State which has not yetimplemented the Directive in accordance with this Article.
6. Member States shall ensure that the text of the main provisions of
national law which they adopt in the field covered by this Directive iscommunicated to the Commission.
Article 8
This Directive is addressed to the Member States.
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ANNEX I
1. OBJECTIVES
Prepackages covered by this Directive shall be made up in such a way that
the completed packages satisfy the following requirements:
1.1. the actual contents shall not be less, on average, than the nominal
quantity;
1.2. the proportion of prepackages having a negative error greater than the
tolerable negative error laid down in 2.4 shall be sufficiently small forbatches of prepackages to satisfy the requirements of the tests specifiedin Annex II;
1.3. no prepackage having a negative error greater than twice the tolerable
negative error given in the table in 2.4 may bear the EEC sign providedfor in 3.3.
2. DEFINITIONS AND BASIC PROVISIONS
2.1. The nominal quantity (nominal weight or nominal volume) of the
contents of a prepackage is the weight or volume indicated on theprepackage, i.e. the quantity of product which the prepackage is deemedto contain.
2.2. The actual contents of the prepackage are the quantity (weight or
volume) of product which it in fact contains. In all operations forchecking quantities of products expressed in units of volume, the valueemployed for the actual contents shall be measured at or corrected to atemperature of 20 °C, whatever the temperature at which packaging or
checking is carried out. However, this rule shall not apply to deep frozenor frozen products, the quantity of which is expressed in units ofvolume.
2.3. The negative error of a prepackage is the quantity by which the actual
contents of the prepackage are less than the nominal quantity.
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2.4. The tolerable negative error in the contents of a prepackage is fixed in
accordance with the table below:
Tolerable negative error
Nominal quantity Qn in grams or millilitres
a s%o fQ n go rm l
5t o5 0 9 —
from 50 to 100 — 4.5
from 100 to 200 4.5 —
from 200 to 300 — 9
from 300 to 500 3 —
from 500 to 1 000 — 15
from 1 000 to 10 000 1.5 —
When using the table, the values of the tolerable negative errors shown
as percentages in the table, calculated in units of weight or volume, shallbe rounded up to the nearest one-tenth of a gram or millilitre.
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3. INSCRIPTIONS AND MARKINGS
All prepackages made up in accordance with this Directive shall bear on the
package the following markings affixed in such a manner as to be indelible,easily legible and visible on the prepackage in normal conditions of presenta-tion:
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3.1. The nominal quantity (nominal weight or nominal volume) expressed in
kilograms, grams, litres, centilitres or millilitres, and marked in figuresat least 6 mm high if the nominal quantity exceeds 1 000 g or 100 cl,4 mm high if it is from 1 000 g or 100 cl inclusive down to but notincluding 200 g or 20 cl, 3 mm high if it is from 200 g or 20 cl downto but not including 50 g or 5 cl, 2 mm high if it is not more than 50 gor 5 cl, followed by the symbol for the unit of measurement used or
1976L0211 — EN — 29.09.1978 — 001.001 — 6
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where appropriate by the name of the unit in accordance with Directive
71/354/EEC, as last amended by Directive 76/770/EEC.
Markings in imperial (UK) units shall be in letters and figures of
dimensions not larger than those of the corresponding markings in SIunits.
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3.2. a mark or inscription enabling the competent departments to identify the
packer or the person arranging for the packing to be done or theimporter established in the Community;
3.3. a small ‘e',at least 3 mm high, placed in the same field of vision as the
indication of the nominal weight or nominal volume, constituting aguarantee by the packer or the importer that the prepackage meets therequirements of this Directive.
This letter shall have the form shown in the drawing contained in
section 3 of Annex II to Directive 71/316/EEC.
Article 12 of this latter Directive shall apply mutatis mutandis .
4. RESPONSIBILITY OF THE PACKER OR IMPORTER
The packer or importer shall be responsible for ensuring that prepackages
meet the requirements of this Directive.
The quantity of product contained in a prepackage (or packing quantity),
known as the ‘actual contents', shall be measured or checked by weight orvolume on the responsibility of the packer and/or importer. The measurementor check shall be carried out by means of a legal measuring instrumentsuitable for effecting the necessary operations.
The check may be carried out by sampling.Where the actual contents are not measured, the check carried out by the
packer shall be so organized that the quantity of the contents is effectivelyensured.
This condition is fulfilled if the packer carries out production checks in
accordance with procedures recognized by the competent departments in theMember State and if he holds at the disposal of those departments thedocuments containing the results of such checks, in order to certify that thesechecks, together with any corrections and adjustments which they haveshown to be necessary, have been properly and accurately carried out.
In the case of imports from non-EEC countries, the importer may instead of
measuring and checking provide evidence that he is in possession of all thenecessary guarantees enabling him to assume responsibility.
In the case of products in quantities expressed in units of volume, one of
several methods of meeting the measuring and checking requirements is touse, when making up the prepackage, a measuring container of the typedefined in the Directive relating thereto, filled under the conditionsprescribed in that Directive and herein.
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5. CHECKS TO BE CARRIED OUT BY THE COMPETENT DEPART-
MENTS ON THE PREMISES OF THE PACKER OR OF THE IMPORTEROR OF HIS AGENT ESTABLISHED IN THE COMMUNITY
Checks to ensure that the prepackages comply with the provisions of this
Directive shall be carried out by the competent departments of the MemberStates by sampling on the packer’s premises or, if this is not practicable, onthe premises of the importer or of his agent established in the Community.
This statistical sampling check shall be carried out in accordance with the
accepted methods of quality acceptance inspection. Its effectiveness shall becomparable to that of the reference method specified in Annex II.
Thus as regards the criterion for the minimum contents, a sampling plan used
by a Member State shall be regarded as comparable with that recommendedin Annex II if the abscissa of the 0.10 ordinate point of the operatingcharacteristic curve of the first plan (probability of acceptance of the batch= 0.10) deviates by less than 15 % from the abscissa of the correspondingpoint of the operating characteristic curve of the sampling plan recommendedin Annex II.
As regards the criterion for the mean calculated by the standard deviation
method, a sampling plan used by a Member State shall be regarded ascomparable with that recommended in Annex II if, taking into account theoperating characteristic curves of the two plans having as the abscissa axis
Qn—m
s,(1) the abscissa of the 0.10 ordinate point of the curve of the first
(1) m = actual batch mean.
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plan (acceptance probability of the batch = 0.10) deviates by less than 0.05
from the abscissa of the corresponding point of the curve of the samplingplan recommended in Annex II.
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6. OTHER CHECKS CARRIED OUT BY THE COMPETENT DEPART-
MENTS
This Directive shall not preclude any checks which may be carried out by the
competent departments of the Member States at any stage in the marketingprocess, in particular for the purpose of verifying that prepackages meet therequirements of the Directive.
Article 15 (2) of Directive 71/316/EEC shall apply mutatis mutandis .
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ANNEX II
This Annex lays down the procedures of the reference method for statistical
checking of batches of prepackages in order to meet the requirements of Article3 of the Directive and of Section 5, Annex I thereto.
1. REQUIREMENTS FOR MEASURING THE ACTUAL CONTENTS OF
PREPACKAGES
The actual contents of prepackages may be measured directly by means of
weighing instruments or volumetric instruments or, in the case of liquids,indirectly, by weighing the prepacked product and measuring its density.
Irrespective of the method used, the error made in measuring the actual
contents of a prepackage shall not exceed one-fifth of the tolerable negativeerror for the nominal quantity in the prepackage.
The procedure for measuring the actual contents of a prepackage may be the
subject of domestic regulations in each Member State.
2. REQUIREMENTS FOR CHECKING BATCHES OF PREPACKAGES
The checking of prepackages shall be carried out by sampling and shall be in
two parts:
— a check covering the actual contents of each prepackage in the sample,— another check on the average of the actual contents of the prepackages in
the sample.
A batch of prepackages shall be considered acceptable if the results of both
these checks satisfy the acceptance criteria.
For each of these checks, there are two sampling plans:
— one for non-destructive testing, i.e., testing which does not involve
opening the package,
— the other for destructive testing, i.e., testing which involves opening or
destroying the package.
For economic and practical reasons, the latter test shall be limited to the
absolutely essential minimum; it is less effective than the non-destructivetest.
Destructive testing shall therefore be used only when non-destructive testing
is impracticable. As a general rule it shall not be applied to batches of fewerthan 100 units.
2.1.Prepackage batches
2.1.1. The batch shall comprise all the prepackages of the same nominal
quantity, the same type and the same production run, packed in thesame place, which are to be inspected. The batch size shall belimited to the amounts laid down below.
2.1.2. When prepackages are checked at the end of the packing line, the
number in each batch shall be equal to the maximum hourly outputof the packing line, without any restriction as to batch size.
In other cases the batch size shall be limited to 10 000.
2.1.3. For batches of fewer than 100 prepackages, the non-destructive test,
where carried out, shall be 100 %.
2.1.4. Before the tests in 2.2 and 2.3 are carried out, a sufficient number of
prepackages shall be drawn at random from the batch so that thecheck requiring the larger sample can be carried out.
For the other check, the necessary sample shall be drawn at random
from the first sample and marked.
This marking operation shall be completed before the start of meas-
uring operations.
2.2.Checking of the actual contents of a prepackage
The minimum acceptable contents shall be calculated by subtracting
the tolerable negative error for the contents concerned from thenominal quantity of the prepackage.
Prepackages in the batch whose actual contents are less than the
minimum acceptable contents shall be considered defective.
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2.2.1. Non-destructive testing
Non-destructive testing shall be carried out in accordance with a
double sampling plan as shown in the table below:
The first number of prepackages checked shall be equal to the
number of units in the first sample, as indicated in the plan:
— if the number of defective units found in the first sample is less
than or equal to the first acceptance criterion, the batch shall beconsidered acceptable for the purpose of this check,
— if the number of defective units found in the first sample is equal
to or greater than the first rejection criterion, thebatch shall berejected,
— if the number of defective units found in the first sample lies
between the first acceptance criterion and the first rejectioncriterion, a second sample shall be checked, the number of unitsin which is indicated in the plan.
The defective units found in the first and second samples shall be
added together and:
— if the aggregate number of defective units is less than or equal to
the second acceptance criterion, the batch shall be consideredacceptable for the purpose of this check,
— if the aggregate number of defective units is greater than or equal
to the second rejection criterion, the batch shall be rejected.
Samples Number of defective units
Number in
batchOrder NumberAggregate
numberAcceptance
criterionRejection
criterion
100 to 500 1st 30 30 1 3
2nd 30 60 4 5
501 to 3 200 1st 50 50 2 5
2nd 50 100 6 7
3 201 and 1st 80 80 3 7
over 2nd 80 160 8 9
2.2.2. Destructive testing
Destructive testing shall be carried out in accordance with the single
sampling plan below and shall be used only for batches of 100 ormore.
The number of prepackages checked shall be equal to 20.
— If the number of defective units found in the sample is less than
or equal to the acceptance criterion, the batch of prepackagesshall be considered as acceptable.
— If the number of defective units found in the sample is equal to
or greater than the rejection criterion, the batch of prepackagesshall be rejected.
Number of defective units
Number in batch Number in sample
Acceptance criterion Rejection criterion
Whatever thenumber ( ≥100)
20 1 2
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2.3.Checking of the average actual contents of the individual
prepackages making up a batch
2.3.1. A batch of prepackages shall be considered acceptable for the
purpose of this check if the mean value x-=Σxi
nof the actual
contents xiof n prepackages in a sample is greater than the value:
Qn—s
√n·t(1 — α)
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In this formula:
Qn= the nominal quantity of the prepackage,
n = the number of prepackages in the sample for this check,s = the estimated standard deviation of the actual contents
of the batch,
t
(1 — α)= 0.995 confidence level of a Student distribution with ν
=n—1 degree of freedom.
2.3.2. If xiis the measured value for the actual contents of the i-th item in
the sample containing n items then:
2.3.2.1. the mean of the measured values for the sample is obtained by the
following calculation:
x-=Σ
i=1i=n
xi
n
2.3.2.2. and the estimated value of the standard deviation s by the following
calculation:
— the sum of the squares of the measured values: Σ
i=1i=n
(xi)2
— the square of the sum of the measured values: (Σ
i=1i=n
xi)2
then1
n(Σ
i=1i=n
xi)2
— the corrected sum SC = Σ
i=1i=n
(xi)2—1
n(Σ
i=1i=n
xi)2
— the estimated variance: v =SC
n—1
the estimated value of the standard deviation is: s = √—v
2.3.3. Criteria for acceptance or rejection of the batch of prepackages for
checking the mean:
2.3.3.1. Criteria for non-destructive testing
Number inCriteria
Number in batchsampleAcceptance Rejection
100 to 500 (inclusive) 30 x-≥Qn — 0.503s x-<Qn — 0.503s
>500 50 x-≥Qn — 0.379s x-<Qn — 0.379s
2.3.3.2. Criteria for destructive testing
Number inCriteria
Number in batchsampleAcceptance Rejection
Whatever the number
(≥100) 20 x-≥Qn — 0.640s x-<Qn — 0.640s