CELEX: 52004PC0708
Language: en
Date: 2004-10-25
Title: 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]

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
 ---pagebreak---                                     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                Other liquids and non
                                           consumption                            liquids
       Metrological
                                   Directive 75/106 Annexes 1 & 2            Directive 76/2111
       requirements
       Ranges of         sizes        Directive 75/1062Annex 3               Directive 80/2323
       /quantities
   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
           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
   2
           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
   3
           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
 ---pagebreak---    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
            COM(2000)56 final, pp 9-11 and 21-22
   5
            Case C-3/99, 12 October 2000, Cidrerie Ruwet SA v Cidre Stassen SA and HP Bulmer Ltd.
   6
            Interinstitutional Agreement on better law-making signed in December 2003 and European
            Governance: Better lawmaking, COM(2002) 275 final, 5.6.2002
   7
            Impacts of Policy Alternatives of 28 May 2003 published in June 2003
EN                                                       3                                             EN
 ---pagebreak---    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.         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
   2.         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
            Report on the extended impact assessment of sectors asking for fixed sizes (to be published)
   9
            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
   10
            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
 ---pagebreak---    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
 ---pagebreak---    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
           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
   13
           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.
   14
           Case C-220/98 Estée Lauder Cosmetics v Lancaster Group [2000] ECR I-117, § 30, referred to in
           Cidrerie-Ruwet case C-3/99
   15
           Annex 2 of Directive 94/62/EC on Packaging and Packaging Waste
EN                                                         6                                                         EN
 ---pagebreak---    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
           COM(2002)704final, 11.12.2002
   17
           "Pack Sizes in the EU", Enterprise DG working paper, July 2002
   18
           Results of the Public Consultation on pack sizes, May 2003
   19
           Gallup Europe: FLASH Eurobarometer N°113 “Les emballages et les ménages” (22-29/10/01)
   20
           see Annex 2 of the Report on the extended impact assessment of sectors asking for fixed sizes
   21
           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
 ---pagebreak---    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
 ---pagebreak---                                                                   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
           OJ C […], […], p.[…]
   23
           OJ C […], […], p.[…]
   24
           OJ C […], […], p.[…]
   25
           OJ C […], […], p.[…]
   26
           OJ L 42 , 15.2.1975, p. 1. Directive as last amended by the Act of Accession of 2003.
   27
           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
 ---pagebreak---    (3)  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.
   (4)  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.
   (5)  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.
   (6)  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.
   (7)  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.
   (8)  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.
   (9)  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
        [2000] ECR I-8749
   29
        OJ L 080, 18.3.1998, p. 27
   30
        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
 ---pagebreak---            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
 ---pagebreak---    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.
   3.       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
   1.       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.
   2.       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
                                                 Article 6
                                                 Repeals
   Directives 75/106/EEC and 80/232/EEC are repealed.
                                                 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
 ---pagebreak---             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                   For the Council
   The President                                The President
EN                                                 13                                                EN
 ---pagebreak---                                                   ANNEX
         RANGE OF NOMINAL QUANTITIES OF CONTENTS OF PRE-PACKAGES
   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
                   On the interval from 125ml – 1500ml only the following 5 sizes:
    Sparkling
    wine
                   Ml: 125 — 200 — 375 —750 —1500
                   On the interval from 100 ml – 1500 ml only the following 7
    Liqueur Wine
                   sizes:ml: 100— 200 — 375 — 500 — 750 — 1000 — 1500
                   On the interval from 100ml – 1500ml only the following 7 sizes:
    Aromatized
    wine
                   Ml: 100 — 200 — 375 — 500 —750 — 1000 — 1500
                   On the interval 100ml – 1500ml only the following 7 sizes:
    Spirits
                   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
 ---pagebreak---    3. PRODUCT DEFINITIONS
     Still 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).
     Yellow wine             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
     Sparkling wine          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)
     Liqueur Wine            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                 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)
     Soluble coffee          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
             OJ L 179, 14.7.1999 p. 1
   33
             OJ L 272, 23.10.2003 p. 38
   34
             OJ L 149, 14.6.1991 p. 1
   35
             OJ L 160, 12.6.1989 p. 1
   36
             OJ L 66, 13.3.1999 p. 26
   37
             OJ L 10, 12.1.2002, p. 53
EN                                                              15                                                       EN
 ---pagebreak---    a. PRODUCTS SOLD IN METAL CONTAINERS
   VOLUME OF THE LIQUID CONTAINER CAPACITIES IN ML FOR
   PHASE IN ML
                          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                         40                                    47
              50                         75                                    89
              75                        110                                   140
             100                        140                                   175
             125                        175                                   210
             150                        210                                   270
             200                        270                                   335
             250                        335                                   405
             300                        405                                   520
             400                        520                                   650
             500                        650                                   800
             600                        800                                  1 000
             750                       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