REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of the pre-packaging legal framework: Directives 75/107/EEC, 76/211/EEC and 2007/45/EC
Date: 2016-07-04
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: approximation of laws, consumer information, free movement of goods, intra-EU trade, market approval, marketing standard, measuring equipment, metrology, preparation for market, weights and measures

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   EN 

   EUROPEAN COMMISSION  Brussels, 4.7.2016  COM(2016) 438 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of the pre-packaging legal framework: Directives 75/107/EEC, 76/211/EEC and 2007/45/EC {SWD(2016) 219 final}  
 
 
1.  INTRODUCTION 

This report concerns the evaluation of three Directives that make up the legal framework for 
pre-packaging: 

  Directive 75/107/EEC1 on bottles used as measuring containers, which provides for 

the free circulation of ‘3-marked’ bottles; 

  Directive 76/211/EEC2 on making up pre-packaged products by weight or  volume, 
which  concerns  the  quantity  indicated  on  pre-packed  products  and  guarantees  the 
free circulation of ‘e-marked’ pre-packages; and 

  Directive  2007/45/EC3  on  nominal  quantities  for  pre-packed  products,  which 
prohibits  Member  States  from  regulating  pack/bottle  sizes  up  to  10 l  or  10 kg  and 
lays  down  mandatory  EU  sizes  for  wines  and  spirits;  it  applies  to  all  pre-packed 
products. 

Article  9(1)  of  Directive  2007/45/EC  requires  the  Commission  to  submit  a  report  to  the 
European Parliament, the Council and the European Economic and Social Committee on the 
application and effects of the Directive. Since the three Directives are closely related, it was 
taken 
decided 
their  functioning  and 
this  opportunity  should  be 
the  Commission’s  regulatory  fitness  and 
‘fitness-for-purpose’  as  a  package  under 
performance (REFIT) programme in 2014.4  

to  evaluate 

that 

Directive 75/107/EEC  has  never  been  evaluated.  Directive  76/211/EEC  was  evaluated  in 
2005. Directive 2007/45/EC was adopted following the evaluation of Directives 75/106/EEC 
and 80/232/EEC, which it repealed. 

2.  MARKET SIZE 

in 

Pre-packaging  accounts  for  an  estimated  EUR 170 billion 
turnover  and  around 
EUR 34 billion in added value across the EU. This represents 12 % of total added value in the 
main  sectors  in  which  it  takes  place  (food  and  beverages,  pet  food,  chemicals,  paints  and 
fertilisers, detergents, cosmetics and glass bottle manufacture), the equivalent of 0.3 % of EU 
GDP.  There  are  about  300 000  companies  in  these  sectors,  most  of  which  are  small  and 
medium-sized  enterprises  (SMEs)  with  an  average  of  17.7  employees  each.  Within  these 
sectors, an estimated 640 000 people are employed full-time in pre-packaging; this accounts 
for 0.3 % of EU employment. 

1   Council Directive 75/107/EEC of 19 December 1974 on the approximation of the laws of the Member States 

relating to bottles used as measuring containers. 

2   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. 

3   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. 

4   COM(2014) 368 and SWD(2014) 192. 

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3.  DIRECTIVES EVALUATED 

The  three  Directives  are  aimed  at  enabling  the free  circulation  of  pre-packed  products,  thus 
contributing  to  market  growth  and  the  competitiveness  of  EU  industry.  Coordinated  market 
surveillance  ensures  that  purchasers  receive  the  quantity  indicated  on  the  package,  thus 
contributing to consumer welfare. Deregulation of sizes has improved consumer choice, while 
the  exception  of  fixed  EU  packaging  sizes  for  wine  and  spirit  drinks  protects  SMEs  from 
excessive demand for other bottle sizes, thereby improving competition. 

Directive 75/107/EEC concerns measuring container bottles for (alcoholic) drinks. It involves 
‘optional harmonisation’, i.e. manufacturers can choose whether or not to apply it. It requires 
manufacturers  to  register  in  advance  with  the  authorities,  lays  down  obligations  as  regards 
precision  and  marking  and  provides  market  surveillance  authorities  with  a  statistical 
procedure for testing bottle content. It guarantees the free circulation of bottles marked with 
the ‘reverse epsilon’ mark (3-mark) and is widely used for glass bottles and jars. 

Directive 76/211/EEC concerns the quantities indicated on pre-packed products that are made 
up  without  the  consumer  being  present.  It  also  involves  ‘optional  harmonisation’,  as  the 
packer/importer  chooses  whether  or  not  to  apply  it.  It  lays  down  obligations  as  regards 
precision  and  marking,  and  provides  market  surveillance  authorities  with  a  statistical 
procedure for testing the quantity in pre-packs. It guarantees the free circulation of ‘e-marked’ 
pre-packages and is widely used for packs and bottles sold in supermarkets and do-it-yourself 
shops. 

Directive 2007/45/EC prohibits Member States from regulating pack/bottle sizes up to 10 l or 
10 kg and lays down mandatory EU sizes for commonly sold volumes of wines and spirits. A 
period for phasing out national provisions on pack/bottle sizes for certain products ended in 
2013. 

4.  EVALUATION 

The Commission took on an external contractor to evaluate the functioning of the Directives, 
who produced a study5 on the basis of: 

 

 

 

interviews  with  a  wide  range  of  stakeholders  (consumer  organisations,  industry 
associations and national authorities); 

an online public consultation; 

a targeted survey of individual consumers, firms and experts; and 

  desk research. 

The evaluation used the Commission’s standard evaluation criteria: effectiveness, efficiency, 
coherence, relevance and EU added value. 

5 [http://ec.europa.eu/growth/single-market/goods/building-blocks/legal-metrology/index_en.htm] 

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The accompanying staff working document6 builds on the consultant’s assessment and finds 
that  the  current  legal  framework  enjoys  broad  support  in  the  industry  and  among  national 
authorities  and  is  acceptable  to  consumers.  The  Directives  support  the  internal  market, 
because they foster competition in the pre-packaging industry by providing a comprehensive 
legal  framework  and  a  basis  for  administrative  cooperation.  They  have  increased  trust 
between market surveillance authorities. 

The fact that using (3-mark) measurement containers and fixed volume (e-mark) pre-packages 
is voluntary means that firms can choose what is most appropriate for their needs. Many small 
enterprises producing mainly for their home market value the mutual recognition that comes 
into play where the Directives are not used. 

The mandatory nature of the pack-sizes Directive guarantees freedom of choice and has led to 
a diversification of pack sizes. For wines and spirits, fixed EU sizes have protected SMEs that 
lack market power. The phasing-out of national provisions did not cause problems. 

All  Member  States  have  transposed  and  fully  implement  the  Directives.  Differences  in 
national  implementation  are  publicly  documented;  these  concern  administrative  and 
production control processes that do not lead to different outcomes as regards the harmonised 
products placed on the market. 

The  evaluation  showed  that  all  three  Directives  continue  to  be  relevant  and  are  generally 
considered  efficient  and  effective,  with  significant  added  value  for  all  stakeholder  groups 
(consumers, industry and national authorities). None of them entails significant administrative 
or  compliance  costs.  They  are  perceived  as  beneficial  in  terms  of  contributing  to  consumer 
protection, fostering competitiveness and supporting the single market. They are also coherent 
with, and complement, other EU and national legislation. As a result, they enjoy widespread 
support  from  all  stakeholder  groups.  The  Commission  concurs  with  the  consultant’s 
conclusion that the Directives are fit for purpose and do not require fundamental reform. 

Alongside  this  favourable  overall  assessment,  a  number  of  technical,  sector-specific  issues 
have  been  raised  as regards products sold  by length,  area or  number, drained weight,  larger 
batch  definitions,  provisions  on  the  speed  of  production  and  sampling,  viscose  products  in 
mass  or  volume,  and  wrappings  included  with  pre-packages.  Some  of  these  fall  outside  the 
scope of the Directives and others remain unresolved internationally. 

5.  CONCLUSION AND FOLLOW-UP 

The  evaluation  has  demonstrated  that  the  EU  legal  framework  for  pre-packaging  is  fit  for 
purpose  and  that  the  Directives  are  effective,  efficient,  relevant,  coherent  with  other  EU 
policies and have EU added value. While the Commission considers that there is no need to 
propose amendments, it will discuss the results of the evaluation with stakeholders and follow 
them up in order to improve application of the Directives. 

6   [SWD 2016/219]. 

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In  the  light  of  the  variations  in  national  implementation,  the  Commission  will  also  seek  to 
promote the exchange of good practice between stakeholders and develop guidance. 

In  order  to  promote  the  effectiveness  of  market  surveillance,  in  particular  on  imports, 
administrative cooperation on the Directives will be enhanced through EU financial support 
for meetings of the competent authorities in line with Regulation (EC) No 765/2008. 

The Commission will discuss with stakeholders the issues raised as regards technical aspects 
and relevant international standards, and take appropriate action, e.g. develop guidance. 

In order to raise consumers’ awareness, the Commission will provide more information on the 
meaning of the 3-mark and the e-mark. 

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