Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the 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 amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2007-06-27
Institutions: European Commission
Subjects: EU law, European standard, amendment of a law, packaging, repeal

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.6.2007 
COM(2007) 384 final 

2004/0248 COD 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
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 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2004/0248 COD 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
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 

Co-decision Procedure 

Second Reading 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  four  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

The  proposal  COM  (2004)708  final1  was  transmitted  to  the  European  Parliament  and  the 
Council on 25 October 2004 in accordance with the co-decision procedure pursuant to Article 
95 of the EC Treaty. 

The European Economic and Social Committee gave its opinion on 6 April 20052. 

The European Parliament gave its opinion at the first reading on 2 February 2006. 

The  amended  proposal  COM  (2006)171  final3  pursuant  to  Article  250  (2)  of  the  EC  Treaty 
was transmitted to the European Parliament and the Council on 18 April 2006. 

Following the opinion of the European Parliament and pursuant to Article 251(2) of the EC 
Treaty,  after  a  political  agreement  on  25  September  2006,  the  Council  adopted  a  Common 

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2 
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OJ C 49, 28.02.2006, p. 37 
OJ C 255, 14.10.2005, p. 36 
OJ C 130, 03.06.2006, p. 9 

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Position on 4 December 20064. The Commission's Communication on the Common Position 
COM(2006) 811 final was adopted on 12 December 2006. 

The European Parliament adopted its position at the second reading on 10 May 2007. 

3. 

PURPOSE OF THE PROPOSAL 

The  purpose  of  the  directive  is  to  abolish  regulation  dating  from  the  1970’s  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  directive  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. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

General 

On 10 May 2007, the European Parliament adopted a compromise package which had been 
agreed with the Council in view of reaching a second reading agreement. 

The  Commission  accepts  all  amendments.  They  concern  a  recital  on  more  voluntary  use  of 
unit pricing, a recital and an article on the monitoring of the phasing out of national sizes and 
a recital explaining the situation of British bread under the new directive. 

The  conclusion  of  the  compromise  package  has  been  facilitated  by  a  declaration  which  the 
Commission made on the disposal of stocks of wines and spirit drinks (see annex). 

4.2 

Amended Proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

4 

OJ C 311E, 19.12.2006, p. 21 

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ANNEX 

Commission statement on the disposal of stocks of wines and spirit drinks 

The future range of Community nominal quantities for wines and spirit drinks, in the intervals 
covered by the Annex, basically reproduces existing ranges, with the exception of 1125 ml for 
spirit  drinks.  The  effect  therefore  will  be  all  but  negligible.  Ranges  below  or  above  the 
intervals defined in the Annex (between 100-1500 ml, excepting the 125 ml bottom interval 
for sparkling wines and the 2000 ml maximum quantity for spirit drinks) are not covered by 
the Annex and therefore fall under the general principle of free nominal quantities. 

Under Article 8 of the Common Position (Transposition) Member States have 12 months from 
the  date  of  entry  into  force  of  the  Directive  in  which  to  incorporate  the  instrument  into 
national  law.  The  Directive  becomes  applicable  18  months  after  it  enters  into  force,  which 
means  that  there  is  also  at  least  six  months  between  the  Directive's  transposition  and  its 
application. This gives the manufacturers concerned enough time to adapt. 

In addition, pre-packed products placed on the market before the application of the Directive, 
for  example,  those  in  the  distribution  channels  would  not  be  affected  by  the  Directive  and 
could be sold to end consumers. 

For all these reasons the Commission considers that disposing of stocks of pre-packed wine 
and spirit drinks would in practice not be difficult. 

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