EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 25.10.2004 
COM(2004) 708 final 
2004/0248(COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
laying down rules on nominal quantities for pre-packed products, repealing Council 
Directives 75/106/EEC and 80/232/EEC, and am ending Council Directive 76/211/EEC 
(presented by the Commission) 
        
[SEC(2004) 1298] 
 
EN 2   EN EXPLANATORY MEMORANDUM  
Following a wide consultation of stakeholders  and an impact assessment, the Commission 
proposes to repeal Directives 75/106/EEC and 80/232/EEC to abolish nominal quantities of 
pack sizes for most sectors and in order to ma intain obligatory nominal quantities for a very 
limited number of sectors and to include them in a single piece of legislation. 
1. BACKGROUND  
1.1. Existing legislation 
In the 1960s different national ru les on nominal quantities of pr e-packed products  (pack/bottle 
sizes) were a major barrier for free moveme nt of goods between the Member States. 
There was then a need to harmonise these sizes. At the same time, there was a concern not to 
impose such new Community rules on companies that worked only on the national market and did not intend to export to other Member States. Harmonizing regulation was therefore of 
an “optional nature”: Member States must a dopt the Community rules,  but are allowed to 
maintain existing national rules for the nation al market. Only products conforming to the 
Community rules would bene fit from free circulation. 
However, for some products (e.g. wine, sp irits….) total harmonisation was introduced: 
Community sizes are mandatory for all operators in the sense of being exclusive, i.e. all 
national sizes are abolished. 
The first Community legislation for ranges of sizes for pre-packed products dates from 1975. 
It includes regulation for both metrological requirements and ra nges of sizes for liquids. The 
legislation is summarised in the table below. 
Liquids for human 
consumption Other liquids and non 
liquids 
Metrological requirements Directive 75/106 Annexes 1 & 2 Directive 76/2111 
Ranges of sizes 
/quantities  Directive 75/1062Annex 3 Directive 80/2323 
Table 1. Summary of legislation  
This proposal concerns only the legislation of  “ranges of sizes/quantities” and not the 
metrological requirements, which will be the subject of a later proposal. 
                                                 
1 Council Directive 76/211/EEC  of 20 January 1976 on the approximation of the laws of the Member 
States relating to the making-up by weight or by volume of certain pre-packaged products 
2 Council Directive 75/106/EEC  of 19 December 1974 on the approximation of the laws of the Member 
States relating to the making-up by volume of certain pre-packaged liquids 
3 Council Directive 80/232/EEC  of 15 January 1980 on the approximation of the laws of the Member 
States relating to the ranges of nominal quantities and nominal capacities permitted for certain pre-
packaged products 
 
EN 3   EN 1.2. The need for review  
In the framework of the SLIM-IV exercise (Simp ler Legislation for the Internal Market), a 
team, comprising members designated by Member St ates and representatives of stakeholders 
identified by the Commission, the Council and i ndependent experts, advised on pack sizes 
legislation4: 
“given their complexity (some 40 targeted products, complexity of certain ranges of 
values, etc.) the evolution of consumer patterns and preference s over the interim 
period and reservation as to the appropriateness of ma intaining this type of 
legislation. Moreover, successive amendments  of the Directives and an enlargement 
of the scope of the 1975 pre-packaging dire ctive have made the application of this 
body of legislation problematic…….. 
The application of the Directives  has proved to be difficult, notably as a result of the 
variety of rules and practices applying to ranges: certain ranges were made 
mandatory (e.g. wine) whilst others remain ed optional. Moreover, Member States 
retained the right to fix r anges at national level because of the optional character of 
Community rules. The variety of rules led to the compartmentalisation into different 
national market within the European Community.  
In addition, the arrival of new pack aging formats and new products and their 
classification in the existi ng ranges system tended to exacerbate an already confused 
situation”. 
In its answer on the SLIM conclusions,  the Commission indicated that it would 
“carefully review the va rious recommendations in the team’s report and, where 
appropriate, propose the necessary measures in close cooperation with Member States and other concerned parties”. 
This need for review was subsequently reinfo rced when the European Court ruled in the 
Cidrerie-Ruwet case that ‘Cassis de Dijon jurisp rudence’ also applies to national pack sizes, 
i.e. Member States must accept on their mark et products legally produced and marketed in 
another Member State
5 unless there are overriding requireme nts of a public nature. The Court 
suggested that this would hardly  be the case for pack sizes. 
1.3. Impact Assessment of Policy Alternatives 
As part of the polic y on better regulation6 the Commission implemented an impact assessment 
of policy alternatives7, which showed free sizes to be the most favourable option as it allows 
full competition for industry and freedom of choice for consumers without compromising the environmental aims of the Community. Deregulati on is justified in the light of the increased 
transparency offered by Community consumer legislation requiring th e indication of unit 
pricing and prohibiting misleading practices and advertising. Furthermore, it has become clear 
                                                
 
4 COM(2000)56 final , pp 9-11 and 21-22 
5 Case C-3/99 , 12 October 2000, Cidrerie Ruwet SA v Cidre Stassen SA and HP Bulmer Ltd. 
6 Interinstitutional Agreement on better law-making  signed in December 2003 and European 
Governance: Better lawmaking , COM(2002) 275 final, 5.6.2002 
7 Impacts of Policy Alternatives  of 28 May 2003 published in June 2003 
 
EN 4   EN from the Cidrerie-Ruwet ruling that national le gislation increases confusion on the internal 
market, while fixed sizes limit the flexibility to adapt products to new consumer needs, which is the established market practice in most sectors. 
However, it also appeared that there might be sectors for which regulatio n on the basis of total 
harmonisation should be maintained. Further research
8 indicated that fixed sizes allow to 
offset disproportional buyer pressure from larg e distributors, like supermarkets, on small and 
medium sized enterprises that would otherwise have to incur excessive costs, notably in sectors with structural low de mand growth that are accustomed to fixed sizes. Mandatory 
ranges thus could be justified on this basis for the sectors where the Community regulator had already fixed harmonised mandatory  sizes: i.e. wine, spirits, so luble coffee and white sugar. 
No compelling evidence was found to extend fi xed Community sizes to sectors other than 
these. 
2. A
IMS AND OBJECTIVES OF THE PROPOSAL  
2.1. Deregulation and Simplification 
It is proposed, for the reasons set out above, to repeal all ex isting pack sizes currently under 
optional harmonisation in Directives 75/106/EE C and 80/232/EEC, and to maintain only in 
very specific sectors some of the existi ng regulation based on total harmonisation (i.e. 
excluding national rules). Conse quently, the proposal introduces  total harmoniza tion, thereby 
prohibiting Member States from legislating pack sizes, except those regulated in EC 
legislation. 
The mandatory sizes are maintained for thos e sectors that currently have mandatory 
regulation or have commitments from the Commission9 to reinstate previously mandatory 
sizes. 
However, in the light of experience, wher e fixed sizes are maintained, the following 
modifications should be introduced: 
1. The definition used for sectors currently c overed may have to be revised to remain 
coherent with legislative developments in the field of agriculture: addition of 
aromatised and liqueur wines, now included in the regulations on wine10 
2. Where a few sizes account for most sales to co nsumers, there is no reason to fix sizes 
that are sold exclusively for professiona l use and “mini” sizes (e.g. 3, 4, 5cl for 
spirits). Only sizes sold to consumers within a limited interval should be fixed, while the sizes outside that inte rval should become free. 
As no views were received from the knitting ya rns sector, which current ly has fixed sizes, the 
Commission does not propose to maintain  mandatory sizes for this sector. 
                                                
 
8 Report on the extended impact assessment of sectors asking for fixed sizes (to be published) 
9 Recital in Directive 1999/4/EC 22 February 1999 re lating to coffee extracts an d chicory extracts and in 
Directive 2001/111/EC of relating to certain sugars intended for human consumption 
10 Reg. 1493/99on the common organisation of the market in wine and 1601/91laying down general rules 
on the definition, description and presentation of arom atized wines, aromatized wine- based drinks and 
aromatized wine-product cocktails 
 
EN 5   EN Furthermore, the Commission proposes to mainta in the current provisio ns on pack sizes of 
products put up in aerosols contained in Direc tive 75/324/EEC. However, in contrast to 
regulation of pack sizes, which aims to protect  legitimate economic interests, aerosols sizes 
and filling levels are dictated by assurance of sa fety and will consequently in the future be 
included in a revised Council Directive 75/324/ EEC on the approximation of the laws of the 
Member States relating to aerosol dispensers. 
In order to promote transparency all nominal  quantities for pre-packed products should be 
included in a single legisla tive text. This requires repe aling Directive 80/232/EEC and 
Directive 75/106/EEC, as the nominal quantities will be included in the proposed Directive. 
As the metrological requirements for liqui d products currently set out in Directive 
75/106/EEC are the same as those in Direct ive 76/211/EEC they will be covered by this 
Directive, which is amended to widen its scope in order to in clude these products. 
2.2. Limitation in Time 
The mandatory nominal quantities maintained ar e essentially derogations from the general 
policy based on the impact assessment to deregu late nominal quantities and should therefore 
be limited in time. A limitation of 20 years re flects the average investment cycle for the 
packaging equipment and will allow the conc erned sectors to adapt to deregulation. 
2.3. Form of the Act 
The current legislation on pack sizes is in the form of Directives. For reasons of formal and 
legal coherence the legislation amending and re pealing this existing le gislation should be a 
Directive as well. When transposing the Directiv e Member States will be obliged to revisit 
their legislation on pack sizes. 
2.4. Legal Basis 
The legal basis for the proposed Directive is Article 95, EC Treaty. 
3. COHERENCE WITH COMMUNITY PRINCIPLES  
3.1. Proportionality 
The objective is to deregulate pack sizes with  the exception for those sectors for which at 
Community level mandatory sizes have been se t or have been politic ally agreed between 
Commission and the European Parliament11 This objective is corr oborated by consumer and 
consumer organization feedback throughout th e consultation proce ss and by the impact 
assessment, which showed the need to offset disproportionate buyer pressure in these particular sectors. The only means to achieve  this objective are mandatory sizes for these 
sectors on Community leve l. The proposal is rest ricted to thos e sizes and intervals in which 
products are most sold to consumers. 
                                                
 
11 in the recitals of Directive 1999/4/EC of the Euro pean Parliament and the Council of 22 February 1999 
relating to coffee extracts and chicory extracts and in Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for hum an consumption, the Council and the European 
Parliament, took note of the Commission’s intention to re-establish mandatory nominal quantities for 
the products covered by these Directives; 
 
EN 6   EN 3.2. Subsidiarity 
Where the need for fixed sizes has been estab lished, only fixed sizes at  Community level can 
ensure the free movement of goods. In the light of the Cidrerie-Ruwet case law it is indeed 
highly unlikely that nati onal ranges can be imposed on produc ts legally marketed in another 
Member States.  
4. COHERENCE WITH COMMUNITY POLICIES  
4.1. Enterprise policy 
Liberalisation of sizes promotes  competitiveness because it encourages entrepreneurship and 
innovation and facilita tes access to markets12. Deregulation takes away potential obstacles to 
competitiveness on the Internal Market. The fixed sizes maintained are to the benefit of small and medium sized enterprises. 
4.2. Consumer Policy 
Consumer protection aspects have been addr essed in different pieces of Community 
legislation
13 which have come into existence sin ce the prepackaging legislation. This 
consumer protection legislation prohibits unfair business-to-cons umer practices and develops 
a coherent and sufficient system of informa tion to consumers by means of labelling. The 
indication of prices per kilo or  litre allows consumers to quick ly compare products packed in 
different sizes and is in line with the approach of the Eur opean Court of Justice, which 
considers the “average consumer, reasonably well informed and reasonably observant and 
circumspect” as a reference14. 
4.3. Environmental Policy 
Environmental regulation has no impact on  sizes, nor do sizes have an impact on 
environmental regulation. Existing environmenta l regulation remains app licable and sizes do 
not impede the full and proper implementation of  environmental law, notably the prevention 
of waste requiring the mi nimisation of packaging.15 
5. REFERENCE TO THE WORK PROGRAMME  
The presentation of this proposal  to Council and the European Pa rliament is mentioned in the 
Commission work programme of 2003 (p 27, item 2003/ENTR/33). 
                                                 
12 A. Peterse, L. Nijhuis, A. Palmigiano "Regulation and Innovation in the area of pre-packaging sizes ", F. 
Leone (ed.), EC DG JRC-IP TS Technical Report Series, Seville, 2002, pp 55-67 
13 The main instruments of consumer protection are: Directive 2000/13 on labelling and presentation of 
foodstuffs (Art 2), Directive 84/450/EEC on misleading advertising (amended by Directive 97/55/EC to 
include provisions on comparative advertising), will be amended by COM(2003)356 final, of 
18.6.2003: Proposal for a Directive of the EP and of the Council concerning unfair business-to-consumer commercial practices in th e Internal Market, Directive 98/6/EC on consumer protection in the 
indication of the prices of products offered to consumers (prices per liter/kilogram): unit prices, which 
are mandatory for all products in supermarkets. 
14 Case C-220/98  Estée Lauder Cosmetics v Lancaster Group [2000] ECR I-117, § 30, referred to in 
Cidrerie-Ruwet case C-3/99 
15 Annex 2 of Directive 94/62/EC on Packaging and Packaging Waste 
 
EN 7   EN 6. RELEVANCE FOR THE EEA   
This proposal is covered by the Agre ement on the European Economic Area. 
7. EXTERNAL CONSULTATION  
Between 8 November 2002 and 31 January 2003, th e Enterprise DG held  a public Internet 
consultation in 11 languages with consumers, producers and retailers, following the Commission's consultation standards
16. The parties were asked to give their views on 
maintaining existing pre-packaging legislation on fixed sizes or allowing free pack sizes. A 
comprehensive Commission staff working paper set out the key issues17 and a report 
summarised the main findings of the consultation18. 
A Eurobarometer survey in October 200119 asked consumers in the EU about their general 
experience with packaged and bo ttled products sold in shops and supermarkets. The survey 
showed that most consumers welcome standard si zes, but also want more choice. Where sizes 
are standardised, consumers would like to see a su fficient range of options available in stores 
to enable them to select the size they require. 
Consumer organisations in the 25 Member Stat es and the European consumer federations 
were asked for their views on the basis of th e documents on the general impact assessment 
and the impacts on the sectors asking for exem ptions. Eight organisations (from 6 Member 
States) responded and all but one, are in favour of free sizes in general and accept maintaining 
limited short ranges20. 
The UK’s Royal National Institute for the Blind re presents the interests of 2 million visually 
impaired persons in the UK. It is in favour  of mandatory fixed sizes, because it gives 
transparency, which is especially relevant fo r the visually impaire d, for whom labelling 
information is often inaccessible and who find it hard to read unit pricing information. It can 
accept the range of sizes to be limite d to the most sold sizes in the sectors that are included in 
this proposal. 
The interests of people with diab etes were represented on an indi vidual basis. Diabetes is on 
the rise and affects over 5% of  the population, a larg e number of whom must inject a fixed 
dose of insulin for each quantity of carbohydr ates consumed. Free sizes allow adapting 
packaging to sizes that are easy  to use by people with diabetes and in this proposal all sectors 
relevant to diabetes are left with free sizes21. 
The overall response by industry ha s been positive. Industry is in  favour of free sizes, without 
any EU or national legislation, because it allows to quickly adapt sizes to new consumer 
demands, to easily innovate and to reap fu ll economies of scale on the Internal Market. 
Mandatory Community sizes redu ce returns and force extra i nvestments, because industry 
                                                 
16 COM(2002)704final, 11.12.2002 
17 "Pack Sizes in the EU ", Enterprise DG working paper, July 2002 
18 Results  of the Public Consultation  on pack sizes, May 2003 
19 Gallup Europe : FLASH Eurobarometer N°113 “Les emballages et les ménages” (22-29/10/01) 
20 see Annex 2 of the Report on the extended imp act assessment of sectors asking for fixed sizes 
21 The following products contain carbohydrates: milk and milk products, cheese, bread, rice, cereals, 
pasta, fruit juices, sweet beverages, fruits and vegetables that are dried or frozen, preserves and fruit 
cocktails. 
 
EN 8   EN would need to change from their current pr actices. Where this proposal maintains fixed 
Community sizes, the relevant sect ors have expressed full support. 
Not all sectors have expressed a view (e.g. kni tting yarns). Some sectors may not have been 
able to establish an EU-wide view, e.g. dairy products, in the absence of which agreement on 
harmonised sizes might be extremely difficult. Where current practices on the market provide 
satisfying results these can be maintained as, under the proposal, Member States are not 
allowed to restrict placing on the ma rket for reasons related to sizes. 
 
EN 9   EN 2004/0248(COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
laying down rules on nominal quantities for pre-packed products, repealing Council 
Directives 75/106/EEC and 80/232/EEC, and am ending Council Directive 76/211/EEC 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
95 thereof, 
Having regard to the proposal from the Commission22, 
Having regard to the opinion of the Eu ropean Economic and Social Committee23, 
Having regard to the opinion of  the Committee of the Regions24, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty25, 
Whereas: (1) Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws 
of the Member States relating to the making-up by volume of certain prepackaged 
liquids
26 and Council Directive 80/ 232/EEC of 15 January 1980 on the approximation 
of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products
27 set out nominal 
quantities for a number of liquid and non- liquid prepacked products, the purpose of 
which was to ensure the free movement of products complying with  the requirements 
of the Directives. For most products, nationa l nominal quantities are allowed to exist 
alongside the Community nominal quant ities. For some products, however, 
Community nominal quantities are set to the exclusion of any national nominal 
quantities. 
(2) Changes in consumer preferences and i nnovation of pre-packi ng and retailing at 
Community and national level made it necessary to assess whether the existing 
legislation is still appropriate. 
                                                 
22 OJ C […], […], p.[…] 
23 OJ C […], […], p.[…] 
24 OJ C […], […], p.[…] 
25 OJ C […], […], p.[…] 
26 OJ L 42 , 15.2.1975, p. 1. Directive as last amended by the Act of Accession of 2003. 
27 OJ L 51 , 25.2.1980, p. 1. Directive as last amended by Directive 87/356/EEC (OJ L 192, 11.7.1987, p. 
48). 
 
EN 10   EN (3) The European Court of Justice confirme d in the judgement of 12 October 2000, in 
Case C-3/99, Cidre-Ruwet28that Member States are precluded from prohibiting the 
marketing of a pre-package having a nominal  volume not included in the Community 
range, which is lawfully manuf actured and marketed in another Member State, unless 
such a prohibition is designed to meet an overriding requirement relating to consumer protection, applies without distinction to nati onal and imported products alike, is 
necessary in order to meet the requirement in question and is proportionate to the 
objective pursued, and that ob jective cannot be achieved by  measures which are less 
restrictive of intra-Community trade. 
(4) Overriding requirements relating to cons umer protection to maintain nominal 
quantities are unlikely to occur, as consum er interests are protected by a number of 
directives which were adopted after Di rectives 75/106/EEC and 80/232/EEC, notably 
Directive 98/6/EC of the European Parliame nt and of the Council of 16 February 1998 
on consumer protection in the indication of the prices of products offered to 
consumers
29. 
(5) An impact assessment, including a wide c onsultation of all inte rested stakeholders, 
indicated that free nominal quantities incr ease the freedom of producers to provide 
goods according to consumer tastes and enhance competition as regards quality and price on the internal market. 
(6) Consequently, nominal quantities should gene rally not be subjec t to regulation at 
Community or national leve l and it should be possible to place pre-packed goods on 
the market in any nominal quantity. 
(7) However, in certain sectors such deregulati on could result in disp roportionately heavy 
extra costs, especially for small and medi um sized enterprises.  For those sectors, 
therefore, existing Community legislation shoul d be adapted in the light of experience, 
in particular to ensure that Community nomin al quantities are fixed at least in the case 
of those products most sold to consumers. 
(8) Since the maintenance of mandatory nomin al quantities should be regarded as a 
derogation, it should be limited in time, ta king into account the appropriate investment 
cycle for the equipment in the respective sectors. For these sectors, however, existing Community legislation must be adapted in the light of experience, in particular to limit 
the fixed Community nominal quantities only  to those most sold to consumers. 
(9) In order to promote transparency, all nom inal quantities for pre-packed products 
should be set in a single legislative text, and Direc tives 75/106/EEC and 80/232/EEC 
should be repealed. 
(10) For certain liquid products, Directive 75/106/EEC sets ou t metrological requirements 
identical to those set out in Council Di rective 76/211/EEC of 20 January 1976 on the 
approximation of the laws of the Member States relating to the making-up by weight 
or by volume of certain prepackaged products
30. Directive 76/211/EEC should 
                                                 
28 [2000] ECR I-8749 
29 OJ L 080, 18.3.1998, p. 27 
30 OJ L 46 21.2.1976, p. 1. Directive as amended by Commission Directive 78/891/EEC (OJ L 311, 
4.11.1978, p. 21) 
 
EN 11   EN therefore be amended to include in its scope the products currently covered by 
Directive 75/106/EEC. 
(11) Since the objectives of the action to be taken cannot be sufficiently achieved by the 
Member States and can therefore, by r eason of repealing Community ranges and 
ensuring uniform Community nominal quantitie s where needed, be better achieved at 
Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the 
principle of proportionality, as  set out in that Article, this Directive does not go 
beyond what is necessary in orde r to achieve those objectives, 
HAVE ADOPTED THIS DIRECTIVE: 
Chapter 1 - General provisions 
Article 1 
Subject matter and scope 
This Directive lays down rules on the nominal quantities for products put up in pre-packages. 
It shall apply to pre-packed products and pre-pa ckages, as defined in Article 2 of Directive 
76/211/EEC. 
Article 2 
 Free Movement of Goods 
Save as provided for in Articles 3 and 4, Member States may not, on grounds relating to the 
nominal quantities of the package, refuse, prohibi t or restrict the placing on the market of pre-
packed products. 
Chapter II - Specific Provisions 
Article 3 
The Placing on the Market and the Fr ee Movement of Certain Products 
Until [20 years after the date mentioned in Article 9], Member States shall ensure that the 
products specified in point 3 of the Annex and put up in pre-packag es in the intervals listed in 
point 1 and 2 of the Annex are placed on the ma rket only if they are pre-packed in the 
nominal quantities listed in point 1 and 2 of the Annex. 
Article 4 
1. Member States may not, on grounds relating to the nominal quantities, refuse, 
prohibit or restrict the placing on the market  of pre-packed produc ts which are sold 
in aerosols and listed in point 4 of the A nnex, and which satisfy the requirements of 
this Directive. 
 
EN 12   EN 2. The aerosol containers shall indicate thei r nominal capacity, in accordance with point 
4 (a) of the Annex. The indication shall be such as not to creat e confusion with the 
nominal volume. 
3. By way of derogation from Article 8 (1) (e) of Council Directive 75/324/EEC31, 
products which are sold in aerosols and whic h comply with this Directive need not 
be marked with the nominal weight of their contents. 
Article 5 
1. For the purposes of Articles 3 and 4, wher e two or more individual pre-packages 
make up a multi-pack, the nominal quantities listed in the Annex shall apply to each 
individual pre-package. 
2. Where a pre-package is made up of two or  more individual packages which are not 
intended to be sold individually, the nomi nal quantities listed in the Annex shall 
apply to the pre-package. 
Chapter III - Repeals, amendm ents and final provisions 
Article 6 
 Repeals 
Directives 75/106/EEC and 80/232/EEC are repealed. 
Article 7 
Amendment 
In Article 1 of Directive 76/211/ EEC, the phrase “with the excepti on of those referred to in 
the Council Directive 75/106/EEC of 19 Decembe r 1974 on the approximation of the laws of 
the Member States relating to the making-up by  volume of certain prep ackaged liquids, and” 
is deleted. 
Article 8 
Transposition 
1. Member States shall adopt and publish, by [12 months after the date mentioned in 
Article 9] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They sha ll forthwith communicat e to the Commission 
the text of those provisions and a correlati on table between those provisions and this 
Directive. 
They shall apply those provisions from [18 m onths after the date fixed in Article 9].  
                                                
 
31 OJ L 147, 9.6.1975, p. 40. 
 
EN 13   EN 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 determin e how such reference is to be made.  
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 9 
Entry into force  
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
Articles 6 and 7 shall apply with e ffect from [18 months after the date of the entry into force]. 
Article 10 
Addressees 
This Directive is addressed to the Member States. 
Done at Brussels,  
For the European Parliament For the Council 
The President The President 
 
EN 14   EN ANNEX  
 
RANGE OF NOMINAL QUANTITIES OF CONTENTS OF PRE-PACKAGES  
1. PRODUCTS  SOLD  BY VOLUME  (QUANTITY IN ML ) 
Still Wine On the interval from 100ml – 1500ml only the following 8 sizes: 
Ml: 100 — 187— 250 — 375 — 500— 750 — 1000 — 1500  
Yellow Wine On the interval from 100ml – 1500ml only the following 1 size: 
Ml: 620  
Sparkling 
wine On the interval from 125ml – 1500ml only the following 5 sizes: 
Ml: 125 — 200 — 375 —750 —1500  
Liqueur Wine  On the interval from 100 ml – 1500 ml only the following 7 
sizes: ml: 100— 200 — 375 — 500 — 750 — 1000 — 1500  
Aromatized 
wine On the interval from 100ml – 1500ml only the following 7 sizes: 
Ml: 100 — 200 — 375 — 500 —750 — 1000 — 1500  
Spirits On the interval 100ml – 1500ml  only the following 7 sizes: 
Ml: 100 — 200 — 350 — 500 — 700 — 1000— 1500  
2. PRODUCTS  SOLD  BY WEIGHT  (QUANTITY IN G ) 
Soluble Coffee On the interval 50g - 300g only the following 4 sizes: 
g: 50 — 100 — 200 — 300  
White Sugar On the interval 250g – 1500g only the following 5 sizes: 
g: 250 —500 —750 —1000 – 1500  
 
EN 15   EN 3. PRODUCT  DEFINITIONS 
Still Wine Wine as defined in Article 1 (2) b of Council Regulation 1493/1999 on the common 
organisation of the market in wine32 (CCT heading: CN code ex 22.04).  
Yellow wine Wine as defined in Article 1 (2) b of Council Regulation 1493/1999 on the common organisation of the market in wine (CCT head ing: CN code ex 22.04) with the designation 
of origin: “Côtes du Jura”, “Arbois”, “L’Etoil e” and “Château-Chalon” in bottles as defined 
in Annex I point 3 of Commission Regulati on (EC) No 753/2002 of 29 April 2002 laying 
down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products
33 
Sparkling wine Wine as defined in Article 1 (2) b and in Annex 1 points 15, 16, 17 and 18 of Council 
Regulation 1493/1999 on the common organisation of  the market in wine (CCT subheading 
22.04.10) 
Liqueur Wine  Wine as defined in Article 1 (2) b and in Annex 1 point 14 of Council Regulation 1493/1999 on the common organisation of the mark et in wine (CCT subheading 22.04.21 - 
22.04.29)  
Aromatized Wine  Wine-based drinks as defined in Article 2(1) a of Council Regulation 1601/91/EEC laying 
down general rules on the definition, descrip tion and presentation of aromatized wine-
based drinks and aromatized wine-product cocktails34 (CCT subheading 22.05) 
Spirits Spirits as defined in Article 1 (2) of Council Regulation l576/89 of 29 May 1989 laying down general rules on the definition, descri ption and presentation of spirit drinks
35 (CCT 
heading 22.08) 
Soluble coffee Coffee extracts as defined in point (1) of  the Annex to Directive 1999/4/EC of the 
European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts
36 
White sugar Sugar as defined in Annex A (1), (2) and (3) of Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human consumption
37 
4. RANGE  OF VOLUMES  FOR  PRODUCTS  SOLD  IN AEROSOLS 
The ranges below apply to all products sold in aerosols with the exception of aromatic waters, 
hair lotions, pre-shave and after shave lotions containing less than 3% by volume of natural or 
synthetic perfume oil and less than 70% by volum e of pure ethyl alcohol, and of medicinal 
products. 
                                                 
32 OJ L 179, 14.7.1999 p. 1 
33 OJ L 272, 23.10.2003 p. 38 
34 OJ L 149, 14.6.1991 p. 1 
35 OJ L 160, 12.6.1989 p. 1 
36 OJ L 66, 13.3.1999 p. 26 
37 OJ L 10, 12.1.2002, p. 53 
 
EN 16   EN a. PRODUCTS SOLD IN METAL CONTAINERS  
 
VOLUME OF THE LIQUID 
PHASE IN ML CONTAINER CAPACITIES IN ML FOR 
 Products propelled by liquid gas  (a) Products propelled by compressed 
gases alone 
 
(b) Products propelled by nitrous oxide or 
carbon dioxide alone or by mixtures of 
the two alone when the product has a Bunsen coefficient of 1.2 or less 
25 40 47 
50 75 89 
75 110 140 
100 140 175 
125 175 210 
150 210 270 
200 270 335 
250 335 405 
300 405 520 
400 520 650 
500 650 800 
600 800 1 000 
750 1 000 — 
 
b. PRODUCTS SOLD IN TRANSPARENT OR NON-TRANSPARENT  GLASS OR PLASTIC CONTAINERS (vol ume of the liquid phase in ml): 
25 — 50 — 75 — 100 — 125 — 150