Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 80/232/EEC as regards the range of nominal weights for coffee extracts and chicory extracts

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Background

Council directive 80/232/EEC of 15 January 1980, as last amended by Directive 87/356/EEC, has as its objective the harmonisation of the ranges of nominal quantities and nominal capacities permitted for certain pre-packaged products throughout the Community. It lays down ranges per product or group of products, all of which are optional with the exception of the newest addition for knitting yarns in 1987 which is mandatory. Products sold in a quantity mentioned in the range have market access in the Community.

However, other directives notably in foodstuffs, traditionally also contain ranges for pre-packaged products. A mandatory range existed for coffee extracts and chicory extracts in Article 4 of Directive 77/436/EEC, as amended by Directive 85/573/EEC of 19 December 1985.

In the process of recasting this Directive in 1999 it was deemed more appropriate to include the mandatory range in the horizontal directive for pre-packaged products. Thus the new directive, which replaces the old one, does not contain an article prescribing the mandatory range. In the recital of the Directive it is stated: "The Commission intends to propose, as soon as possible, and at all events before 1 July 2000, the inclusion in Directive 80/232/EEC of a range of nominal weights of the products covered by this Directive."

The present proposal follows up the obligation taken by the Commission to amend the existing Directive 80/232/EEC by adding the mandatory range previously contained in the Directive for coffee extracts and chicory extracts. The aim is to continue having a legal basis in Community law for the range. The range need not be adapted as it sufficiently enables free circulation of goods in the sector.

2. Aims and objectives of the proposed amendment

2.1. Inclusion of the mandatory range

The proposed amendment aims to include the mandatory range for coffee extracts and chicory extracts in Annex I of Directive 80/232/EEC. The range has already existed and has been transposed by all Member States. The reason for the shift is to improve transparency of the Community legislation by regrouping all ranges into a single horizontal Directive: Directive 80/232/EEC. Furthermore retaining the range in question makes it possible to keep a Community legal basis for the existing transpositions by the Member States. Without the amendment some Member States may scrap the range or instate another, thereby changing the current favourable situation in which there exists free movement of goods in this sector.

2.2. No account yet taken of the SLIM-IV proposals

The Community legislation on pre-packaged products, including Directive 80/232/EEC, has been the subject of a SLIM exercise in 1999. The SLIM review has produced a number of recommendations as to the way the existing regulatory framework can be improved to meet the current market demands and ensure a proper functioning of the Single Market in this area. The Commission is still in the process of studying how to follow up to the recommendations. It expressed its position as follows:

"The Commission will carefully review the various recommendations in the team's report and, where appropriate, propose the necessary measures in close co-operation with Member States and other concerned parties. The report of the SLIM team provides a useful overview of the difficulties encountered in applying current legislation and identifies those areas in need of clarification and improvement."

The current amendment is meant to ensure the continuation of pre-existing elements of the Community acquis, and is therefore in no way the follow-up to a SLIM recommendation. Nonetheless, the SLIM recommendations in the area of ranges, have indicated mandatory Community ranges as a policy option to be considered because this would be a solution that ensures legal certainty and is fitting to the needs of a single European market. In this respect the amendment does not conflict with the SLIM recommendations.

3. Content of the proposal

The proposal is to amend Article 5 of Directive 80/232/EEC referring to mandatory ranges by adding a new range and by specifying the range in detail in the Annex.

Entry into force will be 20 days after the publication of the Directive. This short period of time is justified because the range is already part of the acquis and therefore has already been implemented by all Member States.

4. Coherence with Community Principles

Proportionality

The Directive lays down ranges of nominal quantities and nominal capacities permitted for certain pre-packaged products in the Community in order to harmonise their use. Use of the harmonised ranges has the advantage of rationalising manufacturing as well as providing clear and comparative information for consumers.

Subsidiarity

All Member States have implemented the range which is part of the acquis.

5. Coherence with Community Policies

Industrial policy

The competitiveness of European industry is best served by mandatory ranges that provide a level playing field on which market forces can operate in order to give the consumer best value for money. The representative grouping from European Industry (AFCASOLE) has insisted that the Commission follow up its intention to legislate to maintain the existing mandatory range before 1 July.

Consumer Policy

Prescribed quantities are one of the most basic forms of consumer information. It gives transparency, which is especially relevant for the visually impaired, for whom labelling information is often inaccessible and who find it hard to read unit pricing information. The RNIB (Royal National Institute for the Blind) has insisted on maintaining the mandatory range for this reason.

6. Impact Analysis

Maintaining the mandatory range for coffee extracts and chicory extracts will not have any observable effect on the marketplace, neither for manufacturers nor consumers. The proposal merely extends what already exists in Community and national legislation. As implementation has already taken place there are no transitory effects to be expected.

7. Reference to the Work Programme

The presentation of this proposal to Council and the European Parliament is not in the current work programme due to the fact that the reasons to amend the Directive were the consequence of the recast of the Directive concerning coffee extracts and chicory extracts. The Commission stated its intention as a recital in the recast Directive.

8. Relevance For the EEA

This proposal is covered by the Agreement on the European Economic Area.

9. External Consultation

The RNIB (Royal National Institute for the Blind) has insisted on maintaining the mandatory ranges in its letter to Commissioner Byrne of 10 January 2000.

AFCASOLE (Association of Soluble Coffee Manufacturers in the European Community) requested a continuation of the existing mandatory ranges for coffee extracts and chicory extracts in a letter from its chairperson to the Commission dated 9 March 2000.

2000/0235 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 80/232/EEC as regards the range of nominal weights for coffee extracts and chicory extracts

(Text with EEA relevance)

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 [1],

[1] OJ C , , p. .

Having regard to the opinion of the Economic and Social Committee [2],

[2] OJ C , , p. .

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

Whereas:

(1) In order to promote transparency of the body of Community legislation, all ranges of nominal quantities for pre-packaged products should be included in a single legislative text, namely Council Directive 80/232/EEC [3].

[3] OJ L 51, 25.2.1980, p. 1.

(2) For this reason, the range of nominal weights for pre-packaged products, which have been laid down in Article 4 of Council Directive 77/436/EEC of 27 June 1977 on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts [4] as last amended by Council Directive 85/573/EEC of 19 December 1985 [5], should no longer be located in the product-specific Directive.

[4] OJ L 172, 12.7.1977 p.20.

[5] OJ L 372, 31.12.1985 p. 22.

(3) Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts [6] repeals Directive 77/436/EEC as of 13 September 2000 and contains a recital noting the intention to include in Directive 80/232 a range of nominal weights for pre-packaged products for the products under its scope.

[6] OJ L 66, 13.3.1999, p. 26.

(4) The mandatory Community range for nominal quantities for coffee extracts and chicory extracts continues to be necessary to protect consumers and to enable these pre-packaged products to circulate throughout the Community.

(5) Directive 80/232/EEC should therefore be amended accordingly.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 80/232/EEC is hereby amended as follows:

(1) The following paragraph is added to Article 5:

Pre-packages containing the products listed in point 12 of Annex I may be marketed only in the nominal quantities given in point 12.'

(2) Annex I is amended as shown in the Annex I hereto.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [...] at the latest [7]. They shall forthwith inform the Commission thereof.

[7] The date of entry into force of this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, [...]

For the European Parliament For the Council

The President The President

Annex I

The following point is added to Annex I of Directive 80/232/EEC:

12. Coffee extracts and chicory extracts (g)

50 - 100 - 200 - 250 (for mixtures of coffee extracts and chicory extracts only and for coffee extracts intended exclusively for use in automatic vending machines) - 300 (for coffee extracts only) - 500 - 750 - 1 000 - 2 000 - 2 500 - 3 000 - 4 000 - 5 000 - 6 000 - 7 000 - 8 000 - 9 000 - 10 000

IMPACT ASSESSMENT FORM THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)

Title of proposal

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 80/232/EEC as regards the range of nominal weights for coffee extracts and chicory extracts.

Document reference number

XXXXX

The proposal

1. Taking account of the principle of subsidiarity, why is Community legislation necessary in this area and what are its main aims-

The measure is a proposal based on Article 95 of the Treaty to amend Council Directive 80/232/EEC relating to the ranges of nominal quantities and nominal capacities permitted for certain pre-packaged products in order to maintain existing mandatory ranges of weights. It is intended to achieve the following objective:

-to add to the horizontal Directive on ranges for pre-packaged products the mandatory range of weights existing in the Directive for coffee extracts and chicory extracts.

The impact on business

2. Who will be affected by the proposal-

a) Nature of the business concerned Manufacturing of coffee extracts and chicory extracts.

b) Geographical distribution of the industry and the market Manufacturers of coffee extracts and chicory extracts are based throughout the Union.

c) Are these businesses in regions eligible for regional aid in the Member States under the ERDF- No particular concentration in these regions is known.

3. What will businesses have to do to comply with the proposal-

There will be no immediate effect on business. The range is already mandatory and has been implemented by the Member States. The aim of the proposal is to maintain a legal basis in Community legislation.

4. What economic effects is the proposal likely to have-

a) On employment The proposal will have no particular impact on employment.

b) On investment and the creation of new businesses The proposal will have no direct impact on business start-ups or investment.

c) On the competitiveness of business The competitiveness of business will not be changed by the proposal.

5. Does the proposal contain measures to take account of the specific situation of small and medium-sized firms (reduced or different requirements etc)-

The proposal contains no specific measures applicable to small and medium-sized firms.

Consultation

6. List the organisations which have been consulted about the proposal and outline their main views.

A letter asking the Commission to maintain the mandatory ranges for pre-packaged products existing in the sector Directives for coffee extracts and chicory has been received on 9 March 2000 from AFCASOLE - Association of Soluble Coffee Manufacturers in the European Community.