24. 2. 84 Official Journal of the European Communities No C 53/9 
4. Article 9 is replace by the following: 
'Article 9 
Where Community measures are adopted 
concerning the standardization of ranges of 
nominal quantities of contents relating to 
foodstuffs not referred to in Article 8 the Council, 
acting on a proposal from the Commission, shall, 
if necessary, amend Article 8.' 
5. Article 10 is replaced by the following: 
'Article 10 
At the request of the Member State concerned and 
after having consulted the other Member States, 
the Commission shall take a decision to exempt 
from the obligation to indicate unit prices 
foodstuffs prepackaged in pre-established 
quantities for which ranges of nominal quantities 
of contents have been established in a Member 
State, in so far as: 
— these ranges satisfy the criteria set out in the 
Council resolution of 19 June 1979 ('), 
— the proposed exemption is not likely to affect 
trade between Member States either directly or 
indirectly. 
(') OJ No C 163, 30. 6. 1979, p. 1.' 
6. Article 11 is replaced by the following: 
'Article 11 
1. Member States may exempt from the 
obligation to indicate the unit price foodstuffs sold 
by certain small retail businesses and handed 
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, directly by the seller to the purchaser, where the 
indication of prices: 
— is likely to constitute an excessive burden on 
such businesses, or 
— appears to be most impracticable owing to the 
number of foodstuffs offered for sale, the sales 
area, its layout or the conditions peculiar to 
certain forms of trade, such as certain cases of 
itinerant dealers. 
2. The exemptions referred to in paragraph 1 
shall be without prejudice to obligations to 
indicate prices existing under national or 
Community provisions at the time of the adoption 
of this Directive.' 
7. Articles 9, 10 and 11 become Articles 12, 13 and 
14 respectively. 
Article 2 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by 31 March 1986. They 
shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the texts of the provisions of national 
law which they adopt in the field covered by this 
Directive. 
Article 3 
This Directive is addressed to the Member States. 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the production, manufacture, marketing and 
use of foodstuffs intended for human consumption 
are of the utmost importance in the European 
Economic Community; 
Whereas it is the responsibility of the public auth­
orities to ensure compliance with the provisions 
relating to the composition, conditions of manu­
facture, packaging and labelling of foodstuffs; Proposal for a Council Directive concerning the introduction of Community methods of 
sampling and analysis for the monitoring of foodstuffs intended for human consumption 
COM(84) 39 final 
(Submitted by the Commission to the Council on 6 February 1984) 
(84/C 53/04) 
No C 53/10 Official Journal of the European Communities 24.2.84 
Whereas the methods of sampling and analysis used 
for this purpose can have direct repercussions on the 
establishment and functioning of the common 
market; whereas, this being the case, they should be 
harmonized; 
"Whereas the laying down of these methods of 
sampling and analysis constitutes a measure of purely 
scientific and technical nature; whereas a rapid 
procedure for developing, improving and 
supplementing such methods is necessary; whereas, in 
order to facilitate the adoption of such measures, a 
procedure should be introduced for close cooperation 
between the Member States and the Commission 
within the Standing Committee for Foodstuffs, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Without prejudice to specific measures in force, or 
which will be adopted, within the framework of 
specific Community rules, Member States shall take 
all appropriate action to ensure that the monitoring of 
foodstuffs intended for human consumption for the 
purpose of verifying compliance with provisions laid 
down by law, regulation or administrative action 
relating to the composition, conditions of manu­
facture, packaging or labelling of such foodstuffs is 
carried out in accordance with Community methods 
of sampling and analysis to be laid down in the 
Directives referred to in Article 2. 
Article 2 
The methods of sampling and analysis referred to in 
Article 1 shall, where necessary, be laid down by 
means of Directives adopted in accordance with the 
procedure provided for in Article 3, account being 
taken of current scientific and technical knowledge 
and of already proven methods of sampling and 
analysis. 
These Directives shall specify appropriate time limits 
for the incorporation of the methods of sampling and 
analysis into national provisions. Article 3 
1. Where the procedure defined in this Article is 
invoked, the matter shall be referred to the Standing 
Committee for Foodstuffs set up by Council Decision 
69/414/EEC O (hereinafter called 'the Committee') 
by its chairman, either on his own initiative or at the 
request of a representative of a Member State. 
2. The representative of the Commission shall 
submit to the Committee a draft of the measures to 
be taken. The Committee shall deliver its own 
opinion on that draft within a time limit set by the 
chairman having regard to the urgency of the matter. 
Opinions shall be delivered by a majority of 45 votes, 
the votes of the Member States being weighted as 
provided for in Article 148 (2) of the Treaty. The 
chairman shall not vote. 
3. (a) Where the measures envisaged are in 
accordance with the opinion of the 
Committee, the Commission shall adopt them. 
(b) Where the measures envisaged are not in 
accordance with the opinion of the 
Committee, or if no opinion is delivered, the 
Commission shall without delay submit to the 
Council a proposal on the measures to be 
taken. The Council shall act by a qualified 
majority. 
(c) If the Council has not acted within three 
months after submission of the proposal, the 
proposed measures shall be adopted by the 
Commission. 
Article 4 
Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to 
comply with this Directive and with the Directives 
referred to in Article 2 before the dates laid down in 
those Directives. They shall forthwith inform the 
Commission thereof. 
Article 5 
This Directive is addressed to the Member States. 
0) OJ No L 291, 19. 11. 1969, p. 9.