No C 114/30 Official  Journal  of the European  Communities 11. 5. 77 
2. Specific  comments 
2.0. Article  1 (2) (c) 
The Committee  notes  the  Commission's  statement 
that the  expression  'meteorological  and  geographical 
conditions'  should  be construed  broadly  and  therefore 
cover  'hydrological  conditions'. 
2.1. Article  2 
In the  light  of its statement  in 1.4,  the  Committee 
considers  that  Article  2 ought  to be worded  better  so 
as to make  it compulsory  for  the Member  States  to 
inform  the Commission  about  the  measures  adopted 
to put  the Directive  into  effect. 
2.1. Article  4 
The Committee  wonders  whether  the  Commission's 
proposed  deadline  of five  years,  by  which  the 
Member  States  have  to take  'all  necessary  measures 
to ensure  that  the  quality  requirements  of waters 
favourable  to shellfish  growth  conform  to the 
parametric  values'  prescribed  in the  Directive,  is 
appropriate  and  adequate  for all the Member  States. 
Done  at Brussels,  30 March  1977. The Committee  draws  the Commission's  attention  to 
the problem  of coastal  pollution  in international 
waters  and  river-borne  pollution,  and  urges  it to 
formulate  appropriate  proposals. 
2.2. Article  6 (2) 
The Committee  suggests  that  Article  6 (2) be amended 
to read: 
'2. The  samples  shall  be  taken  in the  areas 
favourable  to shellfish  growth  at the depth  of 
water  where  the density  of shellfish  is highest, 
except  for  temperature,  which  shall  be 
measured  1 metre  below  the  surface,  and 
sampling  for  hydrocarbons,  which  shall  be 
effected  in such  a manner  as to permit  the 
analyses  to be carried  out  that  are  stipulated 
in item  7 of the Annex'. 
2.3. Annex:  second  parameter  — temperature  °C 
2.3.1.  The  Committee  suggests  that  the  first 
sentence  of item  2 in column  I should  be amended  as 
follows: 
'The  water  temperature  at 1 metre  from  the 
surface  must  not  differ  by more  than  2 °C from 
that of the  reference  area'. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the  laws  of 
the Member  States  relating  to the  ranges  of nominal  quantities  permitted  for  certain 
prepackaged  products 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 193  of 18. August  1976,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 3 August  1976  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
147th  plenary  session,  held  in Brussels  on 30 and  31 March  1977. 
The full  text  of the opinion  is as follows: 
11.5.77 Official  Journal  of the European  Communities No C 114/31 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community  and,  in particular,  Article  100 
thereof, 
Having  regard  to the request  for an opinion  made  by 
the Council  of the  European  Communities  on 
3 August  1976, 
Having  regard  to the Decision  taken  by its Bureau  on 
28 September  1976,  instructing  the  Section  for 
Industry,  Commerce,  Crafts  and  Services  to draw  up 
an opinion  and  a report  on the matter, 
Having  regard  to the opinion  issued  by the  Section 
for Industry,  Commerce,  Crafts  and  Services  on 
2 March  1977, 
Having  regard  to the  report  submitted  by  the 
rapporteur,  Mr Marvier, 
Having  regard  to the discussions  at its 147th  plenary 
session  held  on 30 and  31 March  1977  (meeting  of 
30 March), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  no dissenting  votes  and five  abstentions: 
The Committee  approves  the proposal,  subject  to the 
comments  set out below: 
1. General  comments 
1.1. Scope  of the Directive 
The Committee  points  out  that  in its opinion  on 
the proposal  for  a Directive  on  the  labelling, 
presentation  and  advertising  of foodstuffs,  it urged 
that a Community  definition  of the  expression 
'ultimate  consumer'  be worked  out.  The  expression 
'products  intended  solely  for professional  use'  in the 
present  proposal  is no clearer.  Small  firms  may 
purchase  products  for professional  use from  the retail 
trade,  and  the Committee  considers  that,  in view  of 
the small  size  of these  firms,  such  purchases  ought 
to be  covered  by  the  proposed  Directive.  Any 
definition  of the  expression  'products  sold  to the 
ultimate  consumer'  should  cover  all  kinds  of 
consumer,  including  institutions. 
1.2. Position  with  regard  to dietetic  foods 
Having  regard  to the special  nature  of such  products 
and their  resulting  metrological  characteristics,  the 
Done  at Brussels,  30 March  1977. Committee  considers  that  it would  be inappropriate 
to subject  them  to a predetermined  system  of weights. 
The Committee  asks  the Commission  to put forward 
appropriate  proposals  in respect  of such  products. 
1.3. Compulsory  marking  of unit  prices 
The Committee  notes  that  the  Commission  is 
drafting  a Directive  on the  marking  of unit  prices 
on packaging  under  the  Consumer  Information 
Programme  adopted  by the Council  on 14 April  1975. 
The Committee  reserves  the right  to make  its views 
on this  matter  known  at the appropriate  juncture. 
1.4. The  Committee  urges  that  for  each  of the 
products  or groups  of products  listed  in the various 
Annexes,  reference  be made  to the customs  nomen-
clature  adopted  by the Customs  Cooperation  Council. 
1.5. Lastly,  the  Committee  would  draw  the 
Community  authorities'  attention  to a number  of 
comments  which  the  Section  has  made  on  the 
Annexes  to the  proposal.  These  comments  are 
contained  in the Section's  report. 
2. Specific  comments 
Article  1 
As indicated  in the  General  comments,  the  phrase 
'it shall  not  apply  to products  intended  solely  for 
professional  use'  is potentially  ambiguous. 
The Committee  suggests  that  this  Article  should 
read as follows: 
'This  Directive  shall  apply  to products  put up in 
prepackages  as defined  in Article  1 of Council 
Directive  76/211/EEC  which  are  listed  in the 
Annexes  hereto  and  are  intended  for  sale  to the 
ultimate  consumer. 
Article  2 
Article  2 (2):  it is suggested  that  in the  English 
version,  the adjective  'fully  laden'  with  reference  to 
capacities  should  be deleted  as unnecessary. 
Article  2 (3):  it is suggested  that  the words  'for  sale' 
be added  after  'Products  put up'. 
Article  5 
The Committee  proposes  adding  to the  end  of the 
second  paragraph  the words: 
'except  where  they  are readily  apparent'. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
No C 114/32 Official  Journal  of the European  Communities 11. 5. 77 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
The following  amendments,  were  rejected  during  discussions: 
After  paragraph  1.3,  'Compulsory  marking  of unit  prices',  insert: 
'Although  the rules  laid  down  in the proposal  are a further  step  towards  the approximation 
of national  legislation  on packaging  and  are therefore  to be welcomed,  the Committee  takes 
the view  that  they  will  hardly  be considered  of any  practical  value  from  the  aspect  of 
consumer  information.  Since  approximation  is to be optional,  the  Regulation  will  not 
necessarily  reduce  the number  of package  sizes. 
In addition,  the  ranges  are  too  wide  and  too  opaque  to be of any  real  use  as regards 
consumer  information'. 
Reasons 
The Explanatory  Memorandum  shows  clearly  that  consumer  information  is a significant  aim 
of the proposal. 
Voting: 
For: 7, against:  37, abstentions:  15. 
Insert  a new  point  1.6.,  reading  as follows: 
'The  Economic  and  Social  Committee  considers  that  products  incorporating  a lot of air, 
such  as ice-cream,  should  be sold  by weight,  and  not  by the litre,  because  it is weight  alone 
that informs  the consumer  about  the real  quantity  of product  and  its value'. 
Reasons 
Fifteen  to 50 %> of ice-cream  is air,  depending  on the  way  it is manufactured,  and  so an 
indication  of volume  is not  much  use  to the  consumer.  At the  outside,  a producer  could  be 
encouraged  to incorporate  as much  air as possible  in his ice-cream,  thus  creating  a distortion 
of competition  between  two  products  differing  considerably  in the amount  of air they  contain. 
Since  ingredients,  nutritive  value  and  economic  value  can  only  be calculated  if the  percentage 
of air is known,  ice cream  should  be sold  by weight,  like  all other  solids.  This  would  not  cause 
any particular  difficulty,  especially  in an optional  Directive. 
In the interests  of market  transparency,  labelling  should  state  the quantity  of product  with  an 
economic  value  and  should  not  include  air.  The  only  means  of achieving  this  is measurement 
by weight.  Even  if this  method  is not the one  most  used  in the EEC,  it should  be adopted  in 
an optional  Directive  that  is supposed  to promote  an upward  alignment  of standards. 
Voting: 
For: 16, against:  32, abstentions:  11.