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 amending Council Directive 76/211/EEC [SEC(2004) 1298]
Date: 2004-10-25
Institutions: European Commission
Subjects: EU law, European standard, amendment of a law, impact study, packaging, repeal

COMMISSION OF THE EUROPEAN 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 amending Council Directive 76/211/EEC 

(presented by the Commission) 

[SEC(2004) 1298] 

EN 

   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 maintain 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 rules on nominal quantities of pre-packed products (pack/bottle 
sizes) were a major barrier for free movement 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  adopt  the  Community  rules,  but  are  allowed  to 
maintain  existing  national  rules  for  the  national  market.  Only  products  conforming  to  the 
Community rules would benefit from free circulation. 

However,  for  some  products  (e.g.  wine,  spirits….)  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 ranges of sizes for liquids. The 
legislation is summarised in the table below. 

Liquids for human 
consumption 

Other liquids and non 
liquids 

Directive 75/106 Annexes 1 & 2 

Directive 76/2111 

Directive 75/1062Annex 3 

Directive 80/2323 

Metrological 
requirements 

Ranges  of 
/quantities  

sizes 

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 

2 

3 

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 
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 
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 

2 

   EN 

 
                                                 
1.2. 

The need for review  

In  the  framework  of  the  SLIM-IV  exercise  (Simpler  Legislation  for  the  Internal  Market),  a 
team, comprising members designated by Member States and representatives of stakeholders 
identified  by  the  Commission,  the  Council  and  independent  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  preferences  over  the  interim 
period  and  reservation  as  to  the  appropriateness  of  maintaining  this  type  of 
legislation. Moreover, successive amendments of the Directives and an enlargement 
of  the  scope  of  the  1975  pre-packaging  directive  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  remained  optional.  Moreover,  Member  States 
retained the right to fix ranges 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  packaging  formats  and  new  products  and  their 
classification in the existing 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  various  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  reinforced  when  the  European  Court  ruled  in  the 
Cidrerie-Ruwet case that ‘Cassis de Dijon jurisprudence’ also applies to national pack sizes, 
i.e.  Member  States  must  accept  on  their  market  products  legally  produced  and  marketed  in 
another Member State5 unless there are overriding requirements 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 policy 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. Deregulation is justified in the light of the increased 
transparency  offered  by  Community  consumer  legislation  requiring  the  indication  of  unit 
pricing and prohibiting misleading practices and advertising. Furthermore, it has become clear 

4 
5 
6 

7 

COM(2000)56 final, pp 9-11 and 21-22 
Case C-3/99, 12 October 2000, Cidrerie Ruwet SA v Cidre Stassen SA and HP Bulmer Ltd. 
Interinstitutional  Agreement  on  better  law-making  signed  in  December  2003  and  European 
Governance: Better lawmaking, COM(2002) 275 final, 5.6.2002 
Impacts of Policy Alternatives of 28 May 2003 published in June 2003 

EN 

3 

   EN 

 
                                                 
from  the  Cidrerie-Ruwet  ruling  that  national  legislation  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 regulation on the basis of total 
harmonisation  should  be  maintained.  Further  research8  indicated  that  fixed  sizes  allow  to 
offset disproportional buyer pressure from large distributors, like supermarkets, on small and 
medium  sized  enterprises  that  would  otherwise  have  to  incur  excessive  costs,  notably  in 
sectors  with  structural  low  demand  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, soluble coffee and white sugar. 
No  compelling  evidence  was  found  to  extend  fixed  Community  sizes  to  sectors  other  than 
these. 

2. 

AIMS AND OBJECTIVES OF THE PROPOSAL 

2.1. 

Deregulation and Simplification 

It is proposed, for the reasons set out above, to repeal all existing pack sizes currently under 
optional  harmonisation  in  Directives  75/106/EEC  and  80/232/EEC,  and  to  maintain  only  in 
very  specific  sectors  some  of  the  existing  regulation  based  on  total  harmonisation  (i.e. 
excluding national rules). Consequently, the proposal introduces total harmonization, thereby 
prohibiting  Member  States  from  legislating  pack  sizes,  except  those  regulated  in  EC 
legislation. 

The  mandatory  sizes  are  maintained  for  those  sectors  that  currently  have  mandatory 
regulation  or  have  commitments  from  the  Commission9  to  reinstate  previously  mandatory 
sizes. 

However,  in  the  light  of  experience,  where  fixed  sizes  are  maintained,  the  following 
modifications should be introduced: 

1. 

2. 

The definition used for sectors currently covered 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 

Where a few sizes account for most sales to consumers, there is no reason to fix sizes 
that  are  sold  exclusively  for  professional  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 interval should become free. 

As no views were received from the knitting yarns sector, which currently has fixed sizes, the 
Commission does not propose to maintain mandatory sizes for this sector. 

8 
9 

10 

Report on the extended impact assessment of sectors asking for fixed sizes (to be published) 
Recital in Directive 1999/4/EC 22 February 1999 relating to coffee extracts and chicory extracts and in 
Directive 2001/111/EC of relating to certain sugars intended for human consumption 
Reg. 1493/99on the common organisation of the market in wine and 1601/91laying down general rules 
on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and 
aromatized wine-product cocktails 

EN 

4 

   EN 

 
                                                 
Furthermore,  the  Commission  proposes  to  maintain  the  current  provisions  on  pack  sizes  of 
products  put  up  in  aerosols  contained  in  Directive  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  safety  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  legislative  text.  This  requires  repealing  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  liquid  products  currently  set  out  in  Directive 
75/106/EEC  are  the  same  as  those  in  Directive  76/211/EEC  they  will  be  covered  by  this 
Directive, which is amended to widen its scope in order to include these products. 

2.2. 

Limitation in Time 

The  mandatory  nominal  quantities  maintained  are  essentially  derogations  from  the  general 
policy based on the impact assessment to deregulate nominal quantities and should therefore 
be  limited  in  time.  A  limitation  of  20  years  reflects  the  average  investment  cycle  for  the 
packaging equipment and will allow the concerned 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  repealing  this  existing  legislation  should  be  a 
Directive  as  well.  When  transposing  the  Directive  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  set  or  have  been  politically  agreed  between 
Commission and the European Parliament11 This objective is corroborated by consumer and 
consumer  organization  feedback  throughout  the  consultation  process  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 level. The proposal is restricted to those sizes and intervals in which 
products are most sold to consumers. 

11 

in the recitals of Directive 1999/4/EC of the European 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  human  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 

5 

   EN 

 
                                                 
3.2. 

Subsidiarity 

Where the need for fixed sizes has been established, 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 national ranges can be imposed on products 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 facilitates 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  addressed  in  different  pieces  of  Community 
legislation13  which  have  come  into  existence  since  the  prepackaging  legislation.  This 
consumer protection legislation prohibits unfair business-to-consumer practices and develops 
a  coherent  and  sufficient  system  of  information  to  consumers  by  means  of  labelling.  The 
indication of prices per kilo or litre allows consumers to quickly compare products packed in 
different  sizes  and  is  in  line  with  the  approach  of  the  European  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 environmental regulation remains applicable and sizes do 
not impede the full and proper implementation of environmental law, notably the prevention 
of waste requiring the minimisation of packaging.15 

5. 

REFERENCE TO THE WORK PROGRAMME 

The presentation of this proposal to Council and the European Parliament is mentioned in the 
Commission work programme of 2003 (p 27, item 2003/ENTR/33). 

12 

13 

14 

15 

A. Peterse, L. Nijhuis, A. Palmigiano "Regulation and Innovation in the area of pre-packaging sizes", F. 
Leone (ed.), EC DG JRC-IPTS Technical Report Series, Seville, 2002, pp 55-67 
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 the 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. 
Case  C-220/98  Estée  Lauder  Cosmetics  v  Lancaster  Group  [2000]  ECR  I-117,  §  30,  referred  to  in 
Cidrerie-Ruwet case C-3/99 
Annex 2 of Directive 94/62/EC on Packaging and Packaging Waste 

EN 

6 

   EN 

 
                                                 
6. 

RELEVANCE FOR THE EEA  

This proposal is covered by the Agreement on the European Economic Area. 

7. 

EXTERNAL CONSULTATION 

Between  8  November  2002  and  31  January  2003,  the  Enterprise  DG  held  a  public  Internet 
consultation  in  11  languages  with  consumers,  producers  and  retailers,  following  the 
Commission's  consultation  standards16.  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  bottled  products  sold  in  shops  and  supermarkets.  The  survey 
showed that most consumers welcome standard sizes, but also want more choice. Where sizes 
are standardised, consumers would like to see a sufficient range of options available in stores 
to enable them to select the size they require. 

Consumer  organisations  in  the  25  Member  States  and  the  European  consumer  federations 
were  asked  for  their  views  on  the  basis  of  the  documents  on  the  general  impact  assessment 
and  the  impacts  on  the  sectors  asking  for  exemptions.  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 represents 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  for  the  visually  impaired,  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 limited to the most sold sizes in the sectors that are included in 
this proposal. 

The interests of people with diabetes were represented on an individual basis. Diabetes is on 
the rise and affects over 5% of the population, a large number of whom must inject a fixed 
dose  of  insulin  for  each  quantity  of  carbohydrates  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 has 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  full  economies  of  scale  on  the  Internal  Market. 
Mandatory  Community  sizes  reduce  returns  and  force  extra  investments,  because  industry 

16 
17 
18 
19 
20 
21 

COM(2002)704final, 11.12.2002 
"Pack Sizes in the EU", Enterprise DG working paper, July 2002 
Results of the Public Consultation on pack sizes, May 2003 
Gallup Europe: FLASH Eurobarometer N°113 “Les emballages et les ménages” (22-29/10/01) 
see Annex 2 of the Report on the extended impact assessment of sectors asking for fixed sizes 
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 

7 

   EN 

 
                                                 
would  need  to  change  from  their  current  practices.  Where  this  proposal  maintains  fixed 
Community sizes, the relevant sectors have expressed full support. 

Not all sectors have expressed a view (e.g. knitting 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 market for reasons related to sizes. 

EN 

8 

   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 amending Council Directive 76/211/EEC 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
95 thereof, 

Having regard to the proposal from the Commission22, 

Having regard to the opinion of the European 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 
liquids26 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  products27  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, national nominal quantities are allowed to exist 
alongside 
the  Community  nominal  quantities.  For  some  products,  however, 
Community  nominal  quantities  are  set  to  the  exclusion  of  any  national  nominal 
quantities. 

(2) 

Changes  in  consumer  preferences  and  innovation  of  pre-packing  and  retailing  at 
Community  and  national  level  made  it  necessary  to  assess  whether  the  existing 
legislation is still appropriate. 

22 
23 
24 
25 
26 
27 

OJ C […], […], p.[…] 
OJ C […], […], p.[…] 
OJ C […], […], p.[…] 
OJ C […], […], p.[…] 
OJ L 42 , 15.2.1975, p. 1. Directive as last amended by the Act of Accession of 2003. 
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 

9 

   EN 

 
                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The  European  Court  of  Justice  confirmed  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 manufactured 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  national  and  imported  products  alike,  is 
necessary  in  order  to  meet  the  requirement  in  question  and  is  proportionate  to  the 
objective pursued, and that objective cannot be achieved by measures which are less 
restrictive of intra-Community trade. 

Overriding  requirements  relating  to  consumer  protection  to  maintain  nominal 
quantities  are  unlikely  to  occur,  as  consumer  interests  are  protected  by  a  number  of 
directives which were adopted after Directives 75/106/EEC and 80/232/EEC, notably 
Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 
on  consumer  protection  in  the  indication  of  the  prices  of  products  offered  to 
consumers29. 

An  impact  assessment,  including  a  wide  consultation  of  all  interested  stakeholders, 
indicated  that  free  nominal  quantities  increase  the  freedom  of  producers  to  provide 
goods  according  to  consumer  tastes  and  enhance  competition  as  regards  quality  and 
price on the internal market. 

Consequently,  nominal  quantities  should  generally  not  be  subject  to  regulation  at 
Community or national level and it should be possible to place pre-packed goods on 
the market in any nominal quantity. 

However, in certain sectors such deregulation could result in disproportionately heavy 
extra  costs,  especially  for  small  and  medium  sized  enterprises.  For  those  sectors, 
therefore, existing Community legislation should be adapted in the light of experience, 
in particular to ensure that Community nominal quantities are fixed at least in the case 
of those products most sold to consumers. 

Since  the  maintenance  of  mandatory  nominal  quantities  should  be  regarded  as  a 
derogation, it should be limited in time, taking 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. 

In  order  to  promote  transparency,  all  nominal  quantities  for  pre-packed  products 
should be set in a single legislative text, and Directives 75/106/EEC and 80/232/EEC 
should be repealed. 

(10)  For certain liquid products, Directive 75/106/EEC sets out metrological requirements 
identical to those set out in 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  prepackaged  products30.  Directive  76/211/EEC  should 

28 
29 
30 

[2000] ECR I-8749 
OJ L 080, 18.3.1998, p. 27 
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 

10 

   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  reason  of  repealing  Community  ranges  and 
ensuring uniform Community nominal quantities 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 order 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-packages,  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, prohibit or restrict the placing on the market of pre-
packed products. 

Chapter II - Specific Provisions 

Article 3 
The Placing on the Market and the Free 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-packages in the intervals listed in 
point  1  and  2  of  the  Annex  are  placed  on  the  market  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 products which are sold 
in aerosols and listed in point 4 of the Annex, and which satisfy the requirements of 
this Directive. 

EN 

11 

   EN 

 
2. 

3. 

1. 

2. 

The aerosol containers shall indicate their nominal capacity, in accordance with point 
4 (a) of the Annex. The indication shall be such as not to create confusion with the 
nominal volume. 

By  way  of  derogation  from  Article  8  (1)  (e)  of  Council  Directive  75/324/EEC31, 
products which are sold in aerosols and which comply with this Directive need not 
be marked with the nominal weight of their contents. 

Article 5 

For  the  purposes  of  Articles  3  and  4,  where  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. 

Where a pre-package is made up of two or more individual packages which are not 
intended  to  be  sold  individually,  the  nominal  quantities  listed  in  the  Annex  shall 
apply to the pre-package. 

Chapter III - Repeals, amendments and final provisions 

Directives 75/106/EEC and 80/232/EEC are repealed. 

Article 6 
 Repeals 

Article 7 
Amendment 

In Article 1 of Directive 76/211/EEC, the phrase “with the exception of those referred to in 
the 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, 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 shall forthwith communicate to the Commission 
the text of those provisions and a correlation table between those provisions and this 
Directive. 

They shall apply those provisions from [18 months after the date fixed in Article 9]. 

31 

OJ L 147, 9.6.1975, p. 40. 

EN 

12 

   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 determine 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 twentieth day following that of its publication in 
the Official Journal of the European Union. 

Articles 6 and 7 shall apply with effect 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 
The President 

For the Council 
The President 

EN 

13 

   EN 

 
RANGE OF NOMINAL QUANTITIES OF CONTENTS OF PRE-PACKAGES 

ANNEX 

1. PRODUCTS SOLD BY VOLUME (QUANTITY IN ML) 

On the interval from 100ml – 1500ml only the following 8 sizes: 

Still Wine 

Ml: 100 — 187— 250 — 375 — 500— 750 — 1000 — 1500 

On the interval from 100ml – 1500ml only the following 1 size: 

Yellow Wine 

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 

Spirits 

On the interval from 100ml – 1500ml only the following 7 sizes: 

Ml: 100 — 200 — 375 — 500 —750 — 1000 — 1500 

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) 

On the interval 50g - 300g only the following 4 sizes: 

Soluble Coffee 

g: 50 — 100 — 200 — 300 

On the interval 250g – 1500g only the following 5 sizes: 

White Sugar 

g: 250 —500 —750 —1000 – 1500 

EN 

14 

   EN 

 
 
3. PRODUCT DEFINITIONS 

Still Wine 

Yellow wine 

Sparkling wine 

Liqueur 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). 

Wine  as  defined  in  Article  1  (2)  b  of  Council  Regulation  1493/1999  on  the  common 
organisation of the market in wine (CCT heading: CN code ex 22.04) with the designation 
of origin: “Côtes du Jura”, “Arbois”, “L’Etoile” and “Château-Chalon” in bottles as defined 
in Annex I point 3 of Commission Regulation (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 products33 

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) 

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 market 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,  description  and  presentation  of  aromatized  wine-
based drinks and aromatized wine-product cocktails34 (CCT subheading 22.05) 

Spirits 

Soluble coffee 

Spirits  as  defined  in  Article  1  (2)  of  Council  Regulation  l576/89  of  29  May  1989  laying 
down  general  rules  on  the  definition,  description  and  presentation  of  spirit  drinks35  (CCT 
heading 22.08) 

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 extracts36 

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 consumption37 

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 volume  of  pure  ethyl  alcohol,  and  of  medicinal 
products. 

32 
33 
34 
35 
36 
37 

OJ L 179, 14.7.1999 p. 1 
OJ L 272, 23.10.2003 p. 38 
OJ L 149, 14.6.1991 p. 1 
OJ L 160, 12.6.1989 p. 1 
OJ L 66, 13.3.1999 p. 26 
OJ L 10, 12.1.2002, p. 53 

EN 

15 

   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 

50 

75 

100 

125 

150 

200 

250 

300 

400 

500 

600 

750 

40 

75 

110 

140 

175 

210 

270 

335 

405 

520 

650 

800 

1 000 

47 

89 

140 

175 

210 

270 

335 

405 

520 

650 

800 

1 000 

— 

b. PRODUCTS SOLD IN TRANSPARENT OR NON-TRANSPARENT  

GLASS OR PLASTIC CONTAINERS (volume of the liquid phase in ml): 

25 — 50 — 75 — 100 — 125 — 150 

EN 

16 

   EN