REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

1.INTRODUCTION

This report concerns the evaluation of three Directives that make up the legal framework for pre-packaging:

Directive 75/107/EEC on bottles used as measuring containers, which provides for the free circulation of ‘3-marked’ bottles;

Directive 76/211/EEC on making up pre-packaged products by weight or volume, which concerns the quantity indicated on pre-packed products and guarantees the free circulation of ‘e-marked’ pre-packages; and

Directive 2007/45/EC on nominal quantities for pre-packed products, which prohibits Member States from regulating pack/bottle sizes up to 10 l or 10 kg and lays down mandatory EU sizes for wines and spirits; it applies to all pre-packed products.

Article 9(1) of Directive 2007/45/EC requires the Commission to submit a report to the European Parliament, the Council and the European Economic and Social Committee on the application and effects of the Directive. Since the three Directives are closely related, it was decided that this opportunity should be taken to evaluate their functioning and ‘fitnessforpurpose’ as a package under the Commission’s regulatory fitness and performance (REFIT) programme in 2014.

Directive 75/107/EEC has never been evaluated. Directive 76/211/EEC was evaluated in 2005. Directive 2007/45/EC was adopted following the evaluation of Directives 75/106/EEC and 80/232/EEC, which it repealed.

2.MARKET SIZE

Pre-packaging accounts for an estimated EUR 170 billion in turnover and around EUR 34 billion in added value across the EU. This represents 12 % of total added value in the main sectors in which it takes place (food and beverages, pet food, chemicals, paints and fertilisers, detergents, cosmetics and glass bottle manufacture), the equivalent of 0.3 % of EU GDP. There are about 300 000 companies in these sectors, most of which are small and mediumsized enterprises (SMEs) with an average of 17.7 employees each. Within these sectors, an estimated 640 000 people are employed full-time in pre-packaging; this accounts for 0.3 % of EU employment.

3.DIRECTIVES EVALUATED

The three Directives are aimed at enabling the free circulation of pre-packed products, thus contributing to market growth and the competitiveness of EU industry. Coordinated market surveillance ensures that purchasers receive the quantity indicated on the package, thus contributing to consumer welfare. Deregulation of sizes has improved consumer choice, while the exception of fixed EU packaging sizes for wine and spirit drinks protects SMEs from excessive demand for other bottle sizes, thereby improving competition.

Directive 75/107/EEC concerns measuring container bottles for (alcoholic) drinks. It involves ‘optional harmonisation’, i.e. manufacturers can choose whether or not to apply it. It requires manufacturers to register in advance with the authorities, lays down obligations as regards precision and marking and provides market surveillance authorities with a statistical procedure for testing bottle content. It guarantees the free circulation of bottles marked with the ‘reverse epsilon’ mark (3-mark) and is widely used for glass bottles and jars.

Directive 76/211/EEC concerns the quantities indicated on pre-packed products that are made up without the consumer being present. It also involves ‘optional harmonisation’, as the packer/importer chooses whether or not to apply it. It lays down obligations as regards precision and marking, and provides market surveillance authorities with a statistical procedure for testing the quantity in pre-packs. It guarantees the free circulation of ‘emarked’ pre-packages and is widely used for packs and bottles sold in supermarkets and do-it-yourself shops.

Directive 2007/45/EC prohibits Member States from regulating pack/bottle sizes up to 10 l or 10 kg and lays down mandatory EU sizes for commonly sold volumes of wines and spirits. A period for phasing out national provisions on pack/bottle sizes for certain products ended in 2013.

4.EVALUATION

The Commission took on an external contractor to evaluate the functioning of the Directives, who produced a study on the basis of:

interviews with a wide range of stakeholders (consumer organisations, industry associations and national authorities);

an online public consultation;

a targeted survey of individual consumers, firms and experts; and