No C 283/40 Official Journal of the European Communities 27. 11. 78 
tration to be found in nature. Analytical methods are 
reaching an ever increasing level of perfection, which 
makes it possible to detect more and more substances. 
Norms valid for approximately two years, in which the 
natural concentration acts as the lower limit, should be 
specified for the substances listed in the Annex or to be 
added thereto. 
2.1.3. It is also not clear why hydrocarbons of non-
petroleum origin are not included and persistent syn­
thetic substances which may float, remain in suspension 
or precipitate have been omitted when it has not been 
established beyond any shadow of doubt that they do 
not occur in groundwater. 
2.2. Article 2 
2.2.1. Above all, the Committee is not wholly con­
vinced by the reasons put forward for exempting certain 
discharges. The polluting capacity of domestic effluent 
from one isolated dwelling may in certain cases not be 
very great, but a group of such dwellings may very well 
endanger the quality of groundwater. The same applies 
to agricultural activities. The Committee is aware that a 
licensing system for isolated dwellings could encounter a number of difficulties and that farming would be 
strongly hindered if the Directive were to be applied too 
strictly. However, it would point out that these two 
categories' discharges may be neglected, and would like 
the qualifying phrase 'as long as they present no risk for 
the quality of groundwater' to be added in both in­
stances. The Committee would also like this phrase to 
be added to Article 3 (2) (e), because these discharges 
may also endanger the groundwater in certain areas. 
2.3. Article 3 
2.3.1. 'Waste water' in Article 3 (2) (c) and 'scientific 
work' in Article 3 (2) (d) could be defined more clearly. 
These two expressions should not be allowed to be 
interpreted to© broadly. 
2.4. Articles 5 and 6 
2 AX, The Committee thinks that Articles 5 and 6 are 
broadly identical and it would therefore perhaps be 
better to amalgamate them. 
2.5. Article 13 
2.5.1. As indicated under .2.2, Article 13 should be 
amended so as to make transfers from List I to List U 
possible. 
Done at Brussels, 20 June 1978. 
The Chairman 
of the Economic and Social Committee 
Basil de FERRANTI 
Opinion on the proposal for a Council Directive amending Directive 75/106/EEC on the 
approximation of the laws of the Member States relating to the making^up by volume of 
certain prepackaged liquids 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 250 of 19 October 1977, page 7. 
A. LEGAL BASIS FOR THE OPINION 
On 14 October 1977 the Council referred the abovementioned proposal to the Economic 
and Social Committee in accordance with Articles 100 and 198 of the Treaty establishing 
the European Economic Community. 
27. 11. 78 Official Journal of the European Communities No C 283/41 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 160th 
plenary session held in Brussels on 20 and 21 June 1978. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100 
and 198 thereof, 
Having regard to the request made by the Council of 
the European Communities on 14 October 1977 for a 
Committee opinion, 
Having regard to the decision taken by its Bureau on 25 
October 1977 instructing the Section for Industry, 
Commerce, Crafts and Services to prepare an opinion 
and report on the matter, 
Having regard to the report submitted by the 
rapporteur, Mr Ramaekers, 
Having regard to the opinion issued by the Section for 
Industry, Commerce, Crafts and Services at its meeting 
on 5 April 1978, 
Having regard to the discussions at its 160th plenary 
session held on 20 and 21 June 1978 (meeting of 21 
June 1978), 
Whereas Directive 75/106/EEC of 19 December 1974 
— which falls within the general framework of Direc­
tive 71/315/EEC of 26 July 1971 on the approximation 
of the laws of the Member States relating to common 
provisions for both measuring instruments and methods 
of metrological control — contains provisions on the 
making-up by volume of certain prepackaged liquids; 
Whereas, in adopting Directive 75/106/EEC in 
December 1974, the Council anticipated that the 'de­
finitively allowed' volumes listed in Annex III to the 
aforementioned. Directive would have to be reduced in 
number; 
Whereas the new rules are intended not only to elim­
inate technical barriers to intra-Community trade but 
also to provide better consumer protection, 
HAS ADOPTED THE FOLLOWING OPINION 
by 18 votes to 12 with eight abstentions: 
1. The Committee welcomes the Commission's pro­
posal and is as anxious as the Council and the Com­
mission to see a reduction in the number of 'definitively allowed' volumes listed in Annex III to Directive 
75/106/EEC. A reduction is particularly welcome where 
values are very close to one another. 
The Committee would, however, like to make a number 
of general observations, as well as a few specific com­
ments and proposals. These are set out below. 
2. General observations 
2.1. On the critical question of the type of approxi­
mation, the Committee notes that, although the current 
proposal introduces amendments, it does not seek to 
modify the optional nature of the provisions of Direc­
tive 75/106/EEC. 
2.2. Having weighed up the arguments for and against, 
the Committee has come out in favour of total 
approximation. In doing so it reaffirms the views ex­
pressed in its previous opinion, namely, that optional 
approximation should be regarded as provisional only. 
2.3. Having made a detailed study of the draft Direc­
tive, the Committee considers that a reduction in the 
number of volumes allowed by the 1974 Directive will 
afford the consumer better (if not optimum) protection, 
the reason being that the new rules will make for 
greater clarity in the choice of volumes of certain liquids 
and may, in addition, lead to cost savings. 
2.4. The Committee also points out that the proposed 
amendments will allow the relevant EEC instruments to 
be brought into line with agreements which have 
already been reached in certain sectors and at inter­
national level. The Commission also makes this point in 
the explanatory memorandum. 
2.5. Further, the Committee agrees with the Com­
mission that it is easier to draw up rules today since the 
situation concerning the choice of many liquids is 
clearer and better defined than it was in December 
1974. 
2.6. Comparison of the proposal with Directive 
75/106/EEC reveals that column II of Annex III is 
unchanged, the proposed volumes and dates already 
corresponding to the Council Decision. Nevertheless, a 
No C 283/42 Official Journal of the European Communities 27. 11. 78 
number of liquids have been transposed from column I 
('definitively allowed') to the new column III for a 
transitional period. Accordingly, the Committee believes that the proposed 
transitional periods should be considered as a maximum 
and, if anything, they should be shortened. 
2.7. The Committee approves this adjustment since, in 
respect of certain products, it will facilitate approxi­
mation in a number of Member States. 
2.8. The Committee would, however, point out that, 
though the standardization of volumes is necessary, it is 
not sufficient in itself to bring about market trans­
parency. Further problems also arise in this respect, 
including unit pricing and the information provided on 
labels. 
2.9. It should be noted that the proposed Directive is 
concerned solely with volumes, that is to say with the 
capacity of prepackages. It does not deal with the shape 
of the bottle/prepackage. 3.3. The Committee points out that, although an ex­
ception is made in Section 1 (a) for liqueur wines, no 
exception is made for sparkling and semi-sparkling 
wines, which come within Section 2 (a). The Com­
mittee takes the point and proposes that the words 'and 
wines coming under Section 2 (a)' be added at the end 
of the descriptive part. 
3.4. The United States have replaced the 3-780 litre 
measure (wines) by a measure of three litres. To enable 
producers and exporters to service the large US market 
properly the Committee suggests that the volume of 
three litres should be inserted in column I instead of five 
litres. 
3.5. The list of liquids mentioned in Section 9 should 
include nectars or diluted fruit juices, as defined by 
Directive 75/726/EEC of 17 November 1975. 
The Directive will not affect the rules laid down by the 
Council in 1974 on average maximum tolerable error 
and statistical checking (see Annexes I and II to Direc­
tive 75/106/EEC). 
2.10. Lastly, in order to ensure that the amendment of 
Directive 75/106/EEC does not create difficulties for 
the wine sector, the rules laid down by the Commission 
Regulation on implementing procedures for the desig­
nation and presentation of wines and grape musts ought 
to be aligned on the new proposal (or vice-versa). Fail­
ing alignment, Article 3 (2) of the Commission Regu­
lation (EEC) No 1608/76 might conflict with the pre­
sent proposal (and there might even be a case for repeal­
ing Regulation (EEC) No 1608/76). The Committee 
considers that this comment is well-founded and asks 
the Commission to look into 'the matter and effect the 
said alignment. 
3. Specific comments and proposals 3.6. The Committee thinks that during the transitional 
period a Member State should obviously not be able to 
prevent the entry into its territory, from elsewhere in the 
Community, of liquids put up in containers or packages 
complying with the requirements and checks imposed 
by the national laws of that Member State. 
3.7. In view of (a) the advocacy of total approximation 
in 2.2 of this opinion, (b) current consumer habits and 
(c) the fact that consumers are less interested in small 
volumes, column I of the Annex ('definitively allowed 
volumes') should be amended as follows: 
Section 1 (c) 
Replace the value '0-05' by the value '0-07' (007 being 
the standard individual measure with these liquids). 
Section 1 (c) 
Add 'up to 0-10' for soda water products falling under 
Common Customs Tariff heading No 22.06. 
3.1. Column III of Annex III specifies a number of 
volumes which are to be definitively abolished from 
1982 (liquids coming under Sections 1 to 7) or from 
1988 (waters, spa waters and aerated waters coming 
under Section 8 (a)). 
3.2. Generally speaking, the Committee approves the 
proposed transitional periods. However, it considers 
that once the decision is taken as to which volumes are 
to be included in the 'definitely allowed' category, it 
would be in the interests of consumer protection if other 
volumes could be phased out as quickly as possible. Section 4 
Replace the value '0-05' by 'up to 005'. 
Section 4 
Add 'up to 0-10' for soda water products falling under 
Common Customs Tariff heading No 22.09. 
3.8. In addition to recommending (for the reasons 
given above) that the list of definitively allowed volumes 
\ 
27. 11. 78 Official Journal of the European Communities No C 283/43 
be expanded particularly in respect of smaller volumes, should be reviewed regularly in order to bring about 
the Committee considers that the authorized volumes greater rationalization. 
Done at Brussels, 21 June 1978. 
The Chairman 
of the Economic and Social Committee 
Basil de FERRANTI 
ANNEX 
to the opinion of the Economic and Social Committee 
The following amendment was rejected during the discussions. 
Pages 5 and 6 
Delete in their entirety paragraphs 3.7 and 3.8. 
Reasons for amendment 
The idea of including 'up to' in the definitely allowed category for products included under 1 (c), 4, 8 or 
9 would be quite contrary to one of the Commission's basic intentions behind the proposal, namely 'to 
reduce the number of permitted nominal volumes in order to improve consumer protection' (see para­
graph 3 on page 1 of the EEC Commission's explanatory memorandum to the proposal). Furthermore, 
it is also clear from page 4 of the explanatory memorandum that in proposing the sizes allowed for in 
the 'definitely permitted' category, the Commission 'sought the advice of the most authoritative sources 
when preparing the legislation. It consulted most of the industries concerned through the European 
trade associations, committees or groups. Its departments responsible for consumer protection were 
closely associated with work, as were the various bodies which represent consumer interests'. Therefore, 
any suggestion now of a different set of sizes would clearly be contrary to what the majority of indus­
tries, trade associations, etc., have previously advocated. 
The following passage in the Section's opinion was deleted following the adoption of an amendment 
tabled during the discussions. 
Page 6 
'Section 8 (b) 
Replace the value "0125" by "up to 0-20 inclusive". 
Section 9 
Replace the value "0125" by "up to 0-125"; add the value "0-20".' 
Reasons 
The purpose of the draft Directive is to take another step towards alignment of authorized volumes of 
specified prepackaged liquids. 
No C 283/44 Official Journal of the European Communities 27. 11. 78 
One of the main aims, besides eliminating technical barriers to intra-Community trade, is to make the 
market more transparent for the consumer. 
This attempt to make the market more transparent will not be helped if below 0-20 and 0125 litre re­
spectively, all volumes are definitively allowed for important beverages such as lemonade, spa waters 
and fruit juices. 
Opinion on the proposal for a Ninth Council Directive on the harmonization of the laws of 
the Member States relating to turnover taxes (derogation from Article 1 of the Council's 
Sixth VAT Directive of 17 May 1977, allowing the Federal Republic of Germany, Den­
mark, France, Ireland, Italy, Luxembourg and the Netherlands to give effect to the 
provisions of the Directive not later than 1 January 1979) 
The text referred to the Committee has not yet been published in the Official Journal of 
the European Communities. 
A. LEGAL BASIS FOR THE OPINION 
On 30 May 1978 the Council referred the abovementioned proposal to the Economic and 
Social Committee in accordance with Articles 99, 100 and 198 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 160th 
plenary session held in Brussels on 20 and 21 June 1978. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, in particular Articles 99, 100 
and 198, 
Having regard to the request made by the Council of 
the European Communities on 31 May 1978 for an 
opinion, 
Having regard to it Rules of Procedure, and in particu­
lar Article 22,46 and 47 thereof, 
Having regard to the decision taken by its chairman on 
1 June 1978 instructing the Section for Economic and 
Financial Questions to draw up an opinion and a report 
on the matter, Having regard to the report made by the rapporteur, 
Mr Peyromaure-Debord-Broca and the Section's dis­
cussion at the meeting on 7 June 1978, 
Having regard to the discussions at its 160th plenary 
session held on 20 and 21 June 1978 (meeting of 20 
June 1978), 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
1. The Committee notes the Commission's proposal to 
extend the latest date of application of the Sixth VAT 
Directive from 1 January 1978 to 1 January 1979 for 
the countries which have not yet managed to do so. 
2. Whilst deploring the fact that only two of the nine 
countries of the Community have managed to keep to