Directive 2007/45/EC Of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC
Date: 2007-09-05
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, free movement of goods, market approval, marketing standard, packaging, preparation for market

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Official Journal of the European Union

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DIRECTIVE 2007/45/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 September 2007

laying down rules on nominal quantities for prepacked 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 Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

the laws of

(1) Council Directives 75/106/EEC of 19 December 1974 on
the approximation of
the Member States
relating to the making-up by volume of certain prepackaged
liquids (3) and 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 (4) set out
nominal quantities for a number of liquid and non-liquid
prepacked products, the purpose of this being to ensure the
free movement of products complying with the require-
ments of those Directives. For most products, national
nominal quantities are allowed to exist alongside Commu-
nity nominal quantities. For some products, however,
Community nominal quantities are fixed to the exclusion of
any national nominal quantities.

(2) Changes in consumer preferences and innovations in
prepacking and retailing at Community and national levels
have made it necessary to assess whether existing legislation
is still appropriate.

(3)

The Court of Justice held in its judgment of 12 October
2000 in Case C-3/99 Cidrerie Ruwet (5) that Member States
are precluded from prohibiting the marketing of a
prepackage 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

(1) OJ C 255, 14.10.2005, p. 36.
(2) Opinion of

the European Parliament of 2 February 2006 (OJ
C 288 E, 25.11.2006, p. 52), Council Common Position of
4 December 2006 (OJ C 311 E, 19.12.2006, p. 21), Position of the
European Parliament of 10 May 2007 (not yet published in the
Official Journal) and Council Decision of 16 July 2007.

(3) OJ L 42, 15.2.1975, p. 1. Directive as last amended by the 2003 Act

of Accession.

(4) 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).
[2000] ECR I-8749.

(5)

to meet

the requirement

order
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.

(4) Consumer protection is facilitated by legislation 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 prices of products offered to
the indication of
consumers (6). Member States which have not already done
so should consider whether to implement Directive 98/6/
EC in relation to certain small retail businesses.

(5) An impact assessment, including a wide consultation of all
interested stakeholders, has indicated that, in many sectors,
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. In other sectors, however, it is more appropriate, in
the
to retain
mandatory nominal quantities for the time being.

consumers and business,

interests of

(6)

Implementation of this Directive should be accompanied by
more information for consumers and industry to enhance
understanding of unit pricing.

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

(8) However, in certain sectors such deregulation could result
in disproportionately high 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.

(9)

Since the maintenance of mandatory nominal quantities
should be regarded as a derogation, except in the wine and
spirits sector, which has specific features,
it should be
periodically reassessed in the light of experience and in
order to meet the needs of consumers and producers. For

(6) OJ L 80, 18.3.1998, p. 27.

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sectors in which mandatory nominal quantities might be
maintained, when the Commission ascertains a disturbance
of market conditions or a destabilisation of consumer
behaviour, particularly that of
the most vulnerable
consumers,
it should consider whether Member States
should be authorised to maintain transitional periods and
in particular to maintain the most-sold mandatory range
sizes.

(10)

In Member States where prepacked bread forms a high
proportion of regular consumption,
there is a strong
correlation between pack size and bread weight. As with
other prepacked products, existing package sizes
for
prepacked bread traditionally in use will not be affected
by this Directive and can continue to be used.

(11)

In order to promote transparency, all nominal quantities for
prepacked products should be set out in a single legislative
act, and consequently Directives 75/106/EEC and 80/232/
EEC should be repealed.

(12)

In order to increase consumer protection, in particular for
vulnerable consumers such as the disabled and the elderly,
proper attention should be paid to ensuring that weight and
volume indications on consumer product
labelling are
more easily legible and visible on the prepackage under
normal conditions of presentation.

(13) 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 products (1). Directive 76/211/EEC should
therefore be amended to include in its scope the products
currently covered by Directive 75/106/EEC.

(14)

In accordance with point 34 of
the Interinstitutional
Agreement on better law-making (2), Member States are
encouraged to draw up, for themselves and in the interests
of the Community, their own tables illustrating, as far as
possible, the correlation between this Directive and the
transposition measures, and to make them public.

(15) Since the objectives of this Directive cannot be sufficiently
achieved by the Member States and can therefore, by reason
of the repeal of Community ranges and the establishment
of 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
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,

in Article 5 of

the Treaty.

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1. This Directive lays down rules on the nominal quantities for
products put up in prepackages. It shall apply to prepacked
products and prepackages, as defined in Article 2 of Directive
76/211/EEC.

2. This Directive shall not apply to the products listed in the
Annex which are sold in duty-free shops for consumption
outside the European Union.

Article 2

Free movement of goods

1.
Save as otherwise 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 prepacked products.

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,
butter, dried pasta and coffee may continue to do so until
11 October 2012.

Member States which currently prescribe mandatory nominal
quantities for white sugar may continue to do so until 11 October
2013.

CHAPTER II

SPECIFIC PROVISIONS

Article 3

Placing on the market and free movement of certain
products

Member States shall ensure that the products listed in section 2
of the Annex and put up in prepackages in the intervals listed in
section 1 of the Annex are placed on the market only if they are
prepacked in the nominal quantities listed in section 1 of the
Annex.

Article 4

Aerosol dispensers

(1) 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).

(2) OJ C 321, 31.12.2003, p. 1.

1. Aerosol dispensers shall indicate the nominal total capacity
of the container. The indication shall be such as not to create
confusion with the nominal volume of the contents.

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2. By way of derogation from Article 8(1)(e) of Council
Directive 75/324/EEC of 20 May 1975 on the approximation of
the laws of the Member States relating to aerosol dispensers (1),
products which are sold in aerosol dispensers need not be
marked with the nominal weight of their contents.

Article 5

Multipacks and prepackages made up of individual packages
which are not intended to be sold individually

1.
For the purposes of Article 3, where two or more individual
prepackages make up a multipack, the nominal quantities listed
in section 1 of
the Annex shall apply to each individual
prepackage.

2. Where a prepackage is made up of two or more individual
packages which are not intended to be sold individually, the
nominal quantities listed in section 1 of the Annex shall apply to
the prepackage.

CHAPTER III

REPEALS, AMENDMENT AND FINAL PROVISIONS

Article 6

Repeals

Directives 75/106/EEC and 80/232/EEC shall be repealed.

Article 7

Amendment to Directive 76/211/EEC

In Article 1 of Directive 76/211/EEC,
the words ‘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’ shall be deleted.

Article 8

Transposition

1. Member States shall, by 11 October 2008, adopt and
publish the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
inform the Commission thereof.

methods of making such reference shall be determined by the
Member States.

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

Reporting, communication of derogations and monitoring

1. The Commission shall submit a report on the application
and effects of this Directive to the European Parliament, the
Council and the European Economic and Social Committee by
11 October 2015, and every 10 years thereafter. Where
necessary, those reports shall be accompanied by proposals for
revision of this Directive.

2. By 11 April 2009, the Member States referred to in Article 2
(2) shall communicate to the Commission the sectors subject to
the derogation referred to in that paragraph, the period of that
derogation, the range of mandatory nominal quantities applied
and the interval concerned.

3. The Commission shall monitor the application of Article 2
(2) based on its own findings and on the reports from the
Member States concerned. More particularly, the Commission
shall observe market developments after transposition of this
Directive, and shall consider, in the light of the results of that
observation, applying follow-up measures to this Directive by
maintaining mandatory nominal quantities
the goods
referred to in Article 2(2).

for

Article 10

Entry into force

This Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Union.

Articles 2, 6 and 7 shall apply from 11 April 2009.

Article 11

Addressees

This Directive is addressed to the Member States.

They shall apply those measures from 11 April 2009.

Done at Strasbourg, 5 September 2007.

When Member States adopt those measures, they shall contain a
reference to this Directive or shall be accompanied by such
their official publication. The
reference on the occasion of

For the European Parliament

For the Council

The President

The President

H.-G. PÖTTERING

M. LOBO ANTUNES

(1) OJ L 147, 9.6.1975, p. 40. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

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ANNEX

RANGE OF NOMINAL QUANTITIES OF CONTENTS OF PREPACKAGES

1.

Products sold by volume (quantity in ml)

Still wine

On the interval from 100 ml to 1 500 ml only the following 8 nominal quantities:

ml: 100 — 187 — 250 — 375 — 500 — 750 — 1 000 — 1 500

Yellow wine

On the interval from 100 ml to 1 500 ml only the following nominal quantity:

ml: 620

Sparkling wine

On the interval from 125 ml to 1 500 ml only the following 5 nominal quantities:

ml: 125 — 200 — 375 — 750 — 1 500

Liqueur wine

On the interval from 100 ml to 1 500 ml only the following 7 nominal quantities:

ml: 100 — 200 — 375 — 500 — 750 — 1 000 — 1 500

Aromatised wine

On the interval from 100 ml to 1 500 ml only the following 7 nominal quantities:

ml: 100 — 200 — 375 — 500 — 750 — 1 000 — 1 500

Spirit drinks

On the interval from 100 ml to 2 000 ml only the following 9 nominal quantities:

ml: 100 — 200 — 350 — 500 — 700 — 1 000 — 1 500 — 1 750 — 2 000

2.

Product definitions

Still wine

Yellow wine

Sparkling wine

Liqueur wine

Aromatised wine

Spirit drinks

Wine as defined in Article 1(2)(b) of Council Regulation (EC) No 1493/1999 of 17 May
1999 on the common organisation of the market in wine (1) (CN code ex 2204).

Wine as defined in Article 1(2)(b) of Regulation (EC) No 1493/1999 (CN code ex 2204)
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 products (2).

Wine as defined in Article 1(2)(b) and in Annex I, points 15, 16, 17 and 18 of Regulation
(EC) No 1493/1999 (CN code 2204 10).

Wine as defined in Article 1(2)(b) and in Annex I, point 14 of Regulation (EC) No 1493/
1999 (CN code 2204 21 — 2204 29).

Aromatised wine as defined in Article 2(1)(a) of Council Regulation (EEC) No 1601/91 of
10 June 1991 laying down general rules on the definition, description and presentation of
aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (3)
(CN code 2205).

Spirit drinks as defined in Article 1(2) of Council Regulation (EEC) No l576/89 of 29 May
1989 laying down general rules on the definition, description and presentation of spirit
drinks (4) (CN code 2208).

(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 118, 4.5.2002, p. 1. Regulation as last amended by Regulation (EC) No 382/2007 (OJ L 95, 5.4.2007, p. 12).
(3) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by the 2005 Act of Accession.
(4) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by the 2005 Act of Accession.