Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a 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
Date: 2006-12-12
Institutions: European Commission
Subjects: EU law, European standard, amendment of a law, market approval, packaging, repeal, single market

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.12.2006 
COM(2006) 811 final 

2004/0248 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a 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 

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2004/0248 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a 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 

1. 

BACKGROUND 

Date  of  transmission  of  the  proposal  to  the  EP  and  the  Council
(document COM(2004) 708 final – 2004/0248 (COD): 

25 October 2004 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

6 April 2005 

Date of the opinion of the European Parliament, first reading: 

2 February 2006 

Date of transmission of the amended proposal: 

18 April 2006 

Date of political agreement (Competitiveness Council): 

25 September 2006 

Date of adoption of the common position: 

4 December 2006 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

Proposal  abolishes  regulation  dating  from  the  70-ies  fixing  nominal  quantities  in  which 
products can be sold. The proposal only maintains regulation for wine and spirits, currently 
already subject to mandatory nominal quantities. 

The  proposal  simplifies  regulation  on  nominal  quantities  by  integrating  two  directives  into 
one  directive.  Similarly,  it  combines  regulation  on  metrological  control  of  pre-packed 
products, currently dealt with under two directives, in one single directive. Consequently, it 
repeals  directives  75/106  and  80/232  and  extends  the  scope  of  directive  76/211  to  all 
prepacked products. 

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3. 

COMMENTS ON THE COMMON POSITION 

3.1 

Overall remarks on the common position 

The proposal has become a test case for the Commission’s strategy on Better Regulation for 
growth  and  jobs  in  the  European  Union  and  for  the  simplification  of  the  regulatory 
environment.  

The Council supported for the Commission’s modified proposal on condition that for certain 
sectors  Member  States  would  be  allowed  to  maintain  currently  existing  national  sizes  for 
domestic production in some sectors for a transitional period. 

3.2 

European Parliament amendments included in full, in part or in principle in the 
amended  proposal  and  incorporated  in  full,  in  part  or  in  principle  in  the 
common position  

The  amendments  by  the  European  Parliament  that  were  accepted  by  the  Commission  in  its 
modified proposal have all been retaken in the common position. It concerns the amendments: 
1,  2,  8,  10,  11,  13,  14  and  16,  which  were  accepted  by  the  Commission  in  full  and  the 
amendments  3,  6,  7,  12  and  20  which  were  accepted  in  principle  by  the  Commission  and 
reworded.  

3.3 

European  Parliament  amendments  not  included  in  the  amended  proposal  and 
not incorporated in the common position 

The amendments by the European Parliament that were not accepted by the Commission in its 
modified  proposal  have  neither  been  incorporated  in  the  common  position.  It  concerns  the 
amendments 4, 5, 9, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33, which 
were  not  accepted  by  the  Commission  because  it  would  have  led  to  extending  mandatory 
nominal quantities to sectors which currently do not have such mandatory nominal quantities. 

3.4 

Changes to the original proposal introduced by the Commission in the amended 
proposal and incorporated in the common position 

The common position also incorporates the changes to the original proposal introduced by the 
Commission in its amended proposal. It concerned the suppression of the mandatory nominal 
quantities  in  the  sector  of  soluble  coffee  and  white  sugar,  because  many  Member  States 
currently  allow  products  in  all  quantities  in  these  sectors  without  this  having  market 
disruption as a consequence. 

3.5 

Other modifications introduced by the Council common position compared with 
the amended proposal 

In the common position the following points have been introduced to the modified proposal, 
all of which pertain to the phasing out of national sizes in certain sectors. 

Add Article 2.2.: 

“While respecting the principles stated in the Treaty and, in particular, the free movement of 
goods,  Member  States  which  currently  prescribe  mandatory  nominal  quantities  for  milk, 

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butter, dried pasta and coffee may continue to do so until [60 months after the date of entry 
into force of this Directive]. 

Member States which currently prescribe mandatory nominal quantities for white sugar may 
continue to do so until [72 months after the date of entry into force of this Directive].” 

Add Article 9.2:  

“The  Member  States  referred  to  in  Article  2,  paragraph  2  shall  communicate  to  the 
Commission before [18 months after the date of entry into force of this Directive] the sectors 
subject to the derogation referred to in that paragraph, the period of such derogation, the range 
of mandatory nominal quantities applied and the interval concerned.” 

Add Article 9.3: 

“The Commission shall monitor the application of Article 2(2) based on its own findings and 
on reports from the Member States concerned”. 

4. 

CONCLUSION 

The Commission supports the common position, subject to the joint declarations mentioned in 
the following point. 

5. 

DECLARATIONS BY THE COMMISSION  

The  Commission  and  the  Council  made  two  joint  statements  (annexed)  which  apply  to  the 
conditions  of  the  phasing  out  of  currently  existing  national  sizes  and  the  agreement  by 
Member States not to introduce new national sizes. 

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ANNEX  

First joint statement by the Commission and the Council 

"According  to  the  Treaty  and  the  jurisprudence  of  the  Court  of  Justice,  Member  States 
applying  the  phasing-out  may  not  refuse,  prohibit  or  restrict  the  placing  on  the  market  of 
products  legally  marketed  in  another  Member  State  on  grounds  relating  to  the  nominal 
quantities of the package." 

Second joint statement by the Commission and the Council 

"Member States, that currently do not apply national sizes in the sectors to which the phase-
out applies, will not introduce new rules for nominal quantities of packages." 

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