No C 109/16 Official  Journal  of the  European  Communities 19. 9. 74 
can only  refer  to the  legal  provisions  governing 
accounting. 
2.35.3.  The  Committee  also  refers  to  its 
comments  on Article  30. 
2.36.  Article  61 
2.36.1.  The  Committee  refers  to its comments  on 
Article  32 (3) (a). 
2.37.  Article  63 2.37.1.  The  Committee  refers  to its comments  on 
Article  42 relating  to the  problems  raised  by  the 
terms  'voidness'  and  'voidability'. 
Done  at Brussels,  29 May  1974. 
The Chairman 
of the 
Economic  and  Social  Committee 
Alfons  LAPP  AS 
ANNEX 
to the Opinion  of the Economic  and  Social  Committee 
The following  amendment,  submitted  in accordance  with  the Economic  and  Social  Committee's 
Rules  of Procedure,  was  rejected  by the Plenary  Session  : 
Article  12 — 2nd,  3rd and  4th paragraphs 
Replace  the second,  third  and  fourth  paragraphs  on Article  12 by : 
'Authorization  by a supervisory  organ  is justified  by the  special  importance  of the 
decisions  mentioned  in Article  12 for an undertaking  and  this  function  could  have  been 
assigned  to the general  meeting.  Since,  however,  such  a procedure  would  generally  be too 
time-consuming,  it is in the  interests  of the  company  that  the  supervisory  organ  should 
be responsible  for authorization.  As laid  down  in Article  14 (4),  the supervisory  organ's 
power  of authorization  does  not  detract  from  the  accountability  of the  management 
organ.  The  Committee  would  stress  that  Article  14 also  makes  the  supervisory  organ 
answerable  for all its decisions. 
The Section  urges  that  the term  'substantial'  in the definitions  of the  various  matters  on 
which  decisions  are subject  to authorization  be clarified  so as to avoid  disputes  of inter-
pretation  between  the organs.' 
Result  of voting  : 
Votes  for : 21 
Votes  against:  48 
Abstentions  : 10. 
OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on the  proposal  for  a Council  Directive  on the  approximation  of the  laws  of the 
Member  States  relating  to the making-up  by weight  or by volume  of certain  prepackaged 
products 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of  the 
European  Communities  No  C 110  of 13 December  1973,  page  56. 
A. LEGAL  BASIS  FOR  THE  OPINION 
At its 262nd  meeting,  held  on 19 November  1973,  the  Council  referred  the  above-
mentioned  proposal  for  a Directive  to the  Economic  and  Social  Committee  in 
19. 9. 74 Official  Journal  of the European  Communities No C 109/17 
accordance  with  Article  100  of the  Treaty  establishing  the  European  Economic 
Community. 
The request  for  an Opinion  was  sent  by the  Council  to the  Economic  and  Social 
Committee  on 20 November  1973. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the above  matter  at its 
120th  Plenary  Session,  held  in Brussels  on 29 and 30 May  1974. 
The full  text of the Opinion  is as follows  : 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request,  dated  20 November 
1973  by the President  of the  Council  of the  Euro-
pean  Communities  for an Opinion  on the 'Proposal 
for a Council  Directive  on the approximation  of the 
laws  of  the  Member  States  relating  to  the 
making-up  by  weight  or by  volume  of certain 
prepackaged  products'; 
Having  regard  to Article  100  of the  Treaty  esta-
blishing  the European  Economic  Community  ; 
Having  regard  to the  Decision  taken  by its Bureau 
on 28 November  1973,  entrusting  the  Section  for 
Industry,  Commerce,  Crafts  and  Services  with  the 
preparation  of a report  and  an Opinion  on the 
matter  ; 
Having  regard  to the supplementary  Opinion  deliv-
ered by the  Section  for  Protection  of the  Environ-
ment,  Public  Health  and  Consumer  Affairs  on 21 
March  1974  ; 
Having  regard  to its Opinion  on the proposal  for a 
Council  Directive  on the approximation  of the laws 
of the Member  States  relating  to the making-up  by 
volume  of certain  prepackaged  liquids  ; 
Having  regard  to the  Opinion  delivered  by  the 
Section  for Industry,  Commerce,  Crafts  and  Services 
at its meeting  on 8 May  1974  ; 
Having  regard  to the  report  submitted  by  Mr 
Lecuyer  ; 
Having  regard  to discussions  at the  120th  Plenary 
Session  held  on 29 and  30 May  1974  (Session  of 29 
May  1974), 
HAS  ADOPTED  THE  FOLLOWING  OPINION  : 
The Economic  and  Social  Committee  approves  the 
proposal  for  a Directive  but  makes  the  following 
comments  : 
1. GENERAL  COMMENTS 
1.1. The  explanatory  memorandum  introducing 
the proposal  clearly  shows  that  the question  of the relation  between  stated  and  actual  amounts 
contained  in prepackages  is dealt  with  according  to 
two different  principles  in the Member  States  : 
— in some  countries,  the actual  quantity  must  not 
be less  than  the  stated  quantity  ('minimum' 
method)  ; 
— in others,  the  actual  quantity  must  on average 
be at least  equal  to the stated  quantity  ('average' 
method). 
1.2. The  Committee  is of the  opinion  that 
whichever  of these  methods  is applied,  the prepack-
aging  processes  applied  in industry  must  be taken 
into account.  As  the  proposal  underlines,  the 
machinery  used  is preset  with  a view  to the sale  of 
products  in nominal  unit  quantities  as preselected 
by the packager. 
1.3. The  margin  of error  permitted  by the regula-
tions  in force  is taken  into  account  in the presetting. 
1.4. With  the  minimum-contents  method,  the 
dispensing  machinery  is set in such  a way  that  the 
quantity  of product,  by weight  or volume,  is equal 
to the lower  limit  of the permitted  margin  of error. 
1.5. With  the  average-contents  method,  the 
dispensing  machinery  is set in such  a way  that  the 
quantity  of product  is equal,  on average,  to the 
middle  value  of the permitted  margin  of error. 
1.6. In  the  case  of a machine  that  prepacks 
packets  of 1 000 g for example,  the limits  under  the 
average-contents  method  are  975  g and  1025  g, 
assuming  a permitted  margin  of error  of ± 2-5  %>. 
Checking  by  means  of representative  sampling 
should  reveal  that,  on average,  the  actual  quantity 
contained  in the prepackage  is 1 000 g. 
1.7. With  the  minimum-contents  method,  the 
lower  limit  of the margin  of error  is not 975  g but 
1 000 g. On the basis  of a permitted  margin  of error 
of 2-5  %> in operation,  the  machine  is set at an 
No C 109/18 Official  Journal  of the European  Communities 19. 9. 74 
average  value  of 1 025 g, so that  under  no circum-
stances  can  the  actual  quantity,  theoretically  at 
least,  be lower  than  1 000 g. 
1.8. In  practice,  however,  machinery  can  malfunc-
tion and  may  dispense  a quantity  lower  than  the 
permitted  minimum. 
1.9. If  this  happens,  the  undertaking  is contrav-
ening  the regulations.  The  same  is true  in the case 
of the  average-contents  method  if sampling  reveals 
an average  weight  of less  than  1 000 g. 
1.10.  The  Committee  points  out  that  the  anti-
thesis  between  the  two  methods  is not  as clear-cut 
as appears  at first  sight.  It considers  that  the 
method  chosen  must  also  allow  individual 
consumers,  and  consumers  organized  in groups,  to 
carry  out  checks  without  excessive  expenditure.  In 
other  words  checks  may  also  be carried  out at retail 
trade  level  and  samples  must  be as small  as possi-
ble. 
1.11.  As  regards  checks  that  might  be carried  out 
at the  final  point  of sale,  without  prejudging  the 
issue  of responsibility  the  Committee  proposes  that 
the Commission  should,  in a Directive  for  the 
harmonization  of commercial  practice,  give  thought 
to a solution  based,  for instance,  on a system  which 
lays down  that  the  average  weight  of 36 packets, 
selected  at random  at three  or more  retail  selling 
points,  must  not  be less  than  the  weight  stated  on 
the packet. 
1.12.  This  Directive  could  also  tackle  the 
problems  which  can  arise  in the case  of prepackages 
which,  owing  to their  nature,  may  undergo  a 
change  in weight  or volume  between  manufacture 
and retail  sale. 
2. SPECIFIC  COMMENTS 
2.1. Article  1 
2.1.1.  In  the view  of the  Committee,  the field  of 
application  of the  Directive  must  be seen  as a 
general  outline.  It should  be possible  to limit  the 
field  of application  by means  of specific  Directives 
taking  into  account  the  characteristics  of  the 
products  in question  ; in certain  cases  a narrower 
range  might  be adopted  within  the limits  of 5 g or 5 
ml and  10 kg or 10 1. The  third  indent  should  be 
amplified  along  these  lines. 
2.1.2.  The  Committee  would  also  stress  that, 
since  the  Directive  applies  to  prepackages 
containing  products  for  sale  in unit  quantities,  the 
prepackages  in question  are  intended  for  the  final consumer.  Inter  alia  imported  products  intended  for 
intermediate  consumption  by industry  are excluded. 
2.2. Article  3 
2.2.1.  The  third  paragraph  of this  Article  will 
form  an exception  to harmonization,  if commercial 
practice  regarding  sale  is not  the  same  in all 
Member  States.  The  Committee  deplores  this  situa-
tion.  It calls  for rapid  completion  within  three  years 
at the  latest  of the  work  aimed  at choosing  either 
marking  with  weight  or marking  with  volume  for 
each  type  of product  referred  to in Annex  III. 
2.2.2.  Pending  the  outcome  of this  work  the 
Committee  approves  the spirit  of this  paragraph  but 
considers  that  the following  would  be a more  appro-
priate  wording  : 
'If, for a class  of product  or for a given  type  of 
prepackage,  commercial  practice  regarding  sale 
by weight  or by volume  is not  the  same  in all 
Member  States,  they  shall  be marked  both  with 
their  nominal  weight  and  with  their  nominal 
volume,  or in accordance  with  the  commercial 
practice  prevailing  in the country  to which  they 
are consigned.' 
2.3. Annex  1 — Section  2.1. 
2.3.1.  The  Committee  feels  that  this  Directive 
should  leave  the question  of markings,  particularly 
the height  of letters,  to be settled  by specific  Direc-
tives.  It points  out that,  for instance,  no dimensions 
were  laid  down  for the markings  on products  in the 
Directive  on cocoa  and  chocolate  adopted  by the 
Council  on 24 July  1973. 
2.4. Section  3.2. 
2.4.1.  The  Committee  points  out  that  the 
Commission  has  proposed  for  beverages,  which  are 
not generally  speaking  difficult  to prepack,  a class 
of tolerances  on a par  with  those  of class  B in this 
Directive.  Class  B, however,  comprises  products 
which  are  very  difficult  to pack,  and  industry  is 
unable  to observe  these  tolerances,  even  with  the 
latest  machines.  The  Committee  therefore  proposes 
that a third  class,  Class  C, be created,  with  toler-
ances  three  times  those  of Class  A. 
2.4.2.  Tolerances  of Class  C should  apply,  in 
particular  to : 
— strongly  foaming  liquids, 
19. 9. 74 Official  Journal  of the  European  Communities No C 109/19 
— products  whose  density  cannot  be kept  suffi-
ciently  constant  during  packing  operations 
despite  considerable  technical  efforts, 
— products  the  packing  of which  demands  more 
than  one  operation, 
— products  with  a high  unit  weight,  i.e.  products 
composed  of pieces,  fragments  or grains  the 
maximum  unit  weight  of which  is greater  than 
or equal  to the maximum  permitted  error  corres-
ponding  to  the  nominal  weight  of  the prepackage  which  contains  them,  as set  out  in 
the table  in sub-section  3.2 (Category  'B'), 
— products  with  gaseous  inclusions,  the  flow 
characteristics  of which  cannot  be kept  constant 
despite  considerable  technical  efforts. 
Done  at Brussels,  29 May  1974. 
The Chairman 
of the 
Economic  and  Social  Committee 
Alfons  LAPPAS 
OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on the  proposal  for  a Council  Directive  amending  for  the  fifth  time  the  Council 
Directive  of 27 June  1967  concerning  the  approximation  of the  laws,  regulations  and 
administrative  provisions  relating  to the  classification,  packaging  and  labelling  of 
dangerous  substances 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of  the 
European  Communities  No  C 92 of 31 October  1973,  page  8. 
A. LEGAL  BASIS  FOR  THE  OPINION 
At its 254th  meeting,  held  on 20 September  1973,  the  Council  referred  the  above-
mentioned  proposal  for a Directive  to the Economic  and  Social  Committee  in accordance 
with  Article  100  of the Treaty  establishing  the European  Economic  Community. 
The request  for  an Opinion  was  sent  by the  Council  to the  Economic  and  Social 
Committee  on 24 September  1973. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the  above  matter  at its 
120th  Plenary  Session,  held  in Brussels  on 29 and  30 May  1974. 
The full  text  of the Opinion  is as follows  : 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  from  the Council  of the 
European  Communities  on 24 September  1973  for 
an opinion  on the  proposal  for  a Directive  (EEC)  of 
the Council  amending  for the  fifth  time  the  Council 
Directive  of 27 June  1967  concerning  the  approxim-
ation  of the  laws,  regulations  and  administrative 
provisions  relating  to the  classification,  packaging 
and labelling  of dangerous  substances  ; 
Having  regard  to Article  100  of the  Treaty  estab-
lishing  the European  Economic  Community  ; Having  regard  to the  decision  taken  by the  Bureau 
on 26 September  1973,  entrusting  the  Section  for 
Industry,  Commerce,  Crafts  and  Services  in the  first 
instance  with  the  preparation  of  work  on  the 
matter  ; 
Having  regard  to the  general  programme  to elimi-
nate technical  barriers  to  trade,  resulting  from 
disparities  between  the  laws,  regulations  and  admi-
nistrative  provisions  of the  Member  States,  dated 
28 May  1969  ; 
Having  regard  to the  Council  Directive  of 27 June 
1967  concerning  the  approximation  of the  laws,