CELEX: 51973PC1731
Language: en
Date: 1973-10-17
Title: PROPOSAL FOR A COUNCIL DIRECTIVE 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. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (73) 1731
Vol. 1973/0299
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM (73 ) 1731 Final
                                                      Brussels . 17 October 1973
                                 PROPOSAL FOR A
                                COUNCIL DIRECTIVE         ,
                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 .
                  (submitted to the Council by the Commission)
   COM (73 ) 1731 Final *
 ---pagebreak---                                      -1-                     111/1225/72 Rev. 6 E
                               B}Œ>I,:JI(VTORY lEiroRAinxfli
i.  général
    This Directive has teen cLratm up pursuant to Article 100 of the
   Treaty and in conjunction with the Council Directive of 26 July
    1971 on the approximation of the laws of the Member States relating
   to common provisions for measuring instruments and methods of
                         1
   metrological control .    The object of the Directive is to eliminate
   technical obstacles to intra-Community trade which currently exist
    in the case of prepackages made up "by weight or "by volume and
   containing products referred to in Article 4 *
   A comparative examination of the various laws and regulations '
   on prepackages , as referred to in this Directive , has shown that
   the differences are not restricted to technical requirements
   concerning closeness with which actual and stated contents correspond ,
   but also cover methods of metrological control to which these
   packages are subject prior to "being placed on the market and used .
   With regard to cross-frontiers trade , the result of this situation
   is that manufacturers and packagers are obliged to diversify their
   products in order to take account of the regulations in force in
   the Member State in which such prepackaged products are to be used ,
   and to comply with repeated checks , carried out "by different
   procedures .
   Given the fact that the current national laws are justified by a
   legitimate concern to protect the consumer and user , the
   harmonization of these laws would appear to be the only way of
   removing difficulties arising out of divergencies "between them
   and of creating the conditions necessary for the establishment
   of the Common Market .
   But this proposal for a Directive , which followsoon logic&lly from
   two other proposals for Directives already sent to the Council , . .
   ( one relating to prepackages containing beverages and the other to
   bottles used as measuring containers ), harmonizes the provisions
   relating to prepackages only as regards the quantity in relation to
   the tolerances , and does not settle problems regarding the shape of
   the packages , the nature of the materials used and ranges ( series)
    of weights and volumes ;   these vail, be covered, if necessary, by
    future provisions .
7TTDJ lío L 202 , 6 Septenber , 1971 ( 2 ) OJ No C 50 , 19 May, 1972 .
 ---pagebreak---      Proquerrt. consultations were ; held with representatives both of the
     various trade federations concerned , and with consumers during the
     preparation of this proposal for a directive , in which experts
     appointed by the governments took an aotive part .
     The method of harmonization selected is the so-called optional
     approach , as embodied, also , in the majority of specific directives
     concerning measuring instruments .    The optional approach to
     harmonization is allowed , as is total harmonization, by the Council
     Directive on . common provisions for measuring instruments and methods
     of metrological control .
     Under optional harmonization the Member States are obliged to accept
     prepackages satisfying the requirements of this Directive in the
     same way as those complying with the provisions in force in their
     territory, without , however , having to rescind the latter .
II . COMMENTS OH THE PROPOSAL FOR A DIRECTIVE
     2.1    Purpose
     The Directive does not set out to settle ^ as a whole and completely,
     the problem "of prepackages :                    ■
     a)   ' out of all prepackaged products , the Directive concerns
            only the consumer goods listed in Annex III ;
     b) J it- concerns . only those of the latter which, in accordance
            with established practices , or pursuant to national regulations
            or international agreements , are sold by weight or by measure ,
            in pre-selected nominal unit quantities with the same value
            for all prepackages of the same pattern.
     Products sold by the piece or in accordance with specific
     conventions (e.g. , size and number in the . case of fruit ) and
     "pre measured" products , i.e. , ones prepacked in quantities
     measured by the packer (e.g. , on "weight/price weighing machine"
     in the case of certain preserved meats ) are not included .
 ---pagebreak--- )    the Directive does not lay down how products are to "be sold – "by
     weight or "by volume , in pre– selected or pre–measured quantities
     ( prepackages );   it is applicable , however , if the products in
     question are sold "by weight or by volume , in preselected quantities ,
     in the range 5 g or 5 nil to 10 kg or 10 1 .
     In order to ensure that market conditions are intelligible and
    consumers are protected , proceeding from the principle of mutual
    recognition of the checks carried out by the competent authorities
    of the Member States and looking only at the quantitative aspect '
    of the matter , the Directive establishes how the contents of
    prepackages shall be determined ., specified and checked .
    The Directive does not deal with commercial practices        - but is
    concerned purely with metrology.       The provisions relating to
    labelling, for example , are strictly limited to what is needed in
    order to know the quantity contained and who was responsible for
    measuring it .
    The provisions of this Directive are therefore limited to
    requirements regarding :
    1.      The marking on the prepackage of the weight or volume
            contained ;
    2.      The maximum permissible errors in the weight and volume
            of the contents in relating to the : nominal weight- and volume
            ( the average , and individual errors );
       <
    3.      The method employed by the competent departments or ; .
            agencies in checking the weight and volume of the contents
            of prepackages .
 2 . Relation between stated and actual amounts contained_
    At the present time , two different principles govern this major
    problem in the Member States :
    -    in some countries , the actual quantity must be not less than
         the stated quantity ;
    -    in others , the actual quantity must on average be equal to
         the stated quantity .
    The question of which to select was discussed at length when the
    Directive was being drawn up . Since unanimity among the various
     government e:rperts proved to be unattainable the Commission -
 ---pagebreak---                                       .. 1 ..                  ■ ■
                                         I
falling into lino with the groat majority of those exports - choso
the second alternative , for the following reasons :
a) At international meetings ,, particularly at the last meeting of
    the CODEX ALIME1TTARIUS Committee ( Ottawa , May–June 1973)$ t he
    delegations were virtually unanimous in favouring this method
     ( i.e. , the 'average' method ).   The Commission considered that
    choosing the first method would carry with it the risk of the
    Community* s "being isolated in international trade with non-member
    countries .
b)  The reputation for simplicity created for the 'minimum' method by
    its adherents appears to be negated "by the need to take account
    anyhow of the accuracy of the filling and inspection equipment ,
    which leads the countries where it is used to employ a statistical
    method of checking similar to that prescibod in the Directive .
c)  The Commission's proposal is also consistent with that relating
    to prepackages containing "beverages which was forwarded to the
    Council on 29 February 1972 .
    Of course , if the Council , when deciding upon the directive
    relating to "beverages , decided to adopt the minimum-contents
    principle , the Commission would forthwith submit the appropriate
    proposals for altering this Directive in order to maintain the
    necessary uniformity , since the two proposals complementary .
d)  In order to allay the fears of several consumer associations ,
    however , it is pointed out that these products are fa3t~moving
    consumer goods of which every consumer generally buys several
    examples a year .       The average–contents principle , therefore ,
    which is perfectly fair to the packager , and to consumers in the
    aggregate , is also fair in practice to every consumer considered
    as an individual .    In order to limit the unpleasantness of sometimes
    receiving short weight or volume ( which , over several purchases ,
    would "be made good "by an over-weight or volume prepackage ) , maximum
    permissible errors in deficiency have been specified in order to
    limit the amount of scatter . They have been kept to the minimum
    strictly essential to take account of technical capabilities .
 ---pagebreak---     Even when every precaution is taken to ensure that the actual
    contents of prepackages equal the nominal quantity , it is actually
    found that in mass production , owing to the inevitable imperfections
    of filling and measuring equipment , the values of the actual
    quantity display a certain " scatter" and constitute a population
    which generally conforms closely to a norml o.r Gaussian distribution
    curve .   If the average' ( mean) is aligned with the nominal quantity,
    the number of prepackages with a content of any given value decreases
    very rapidly the more that value diverges from the average ( mean).
    The maximum permissible error is therefore- a limit reached by only .
    a very small number of units .      Specifying not only the average but
    also maximum permissible errors in deficiency, compels the packager :
            either to reduce scatter as much as possible , or
    -.      to raise the average .
    In any case , because the average is attained , deficient prepackages
    are always- at least compensated for by those with more than the
    stated quantity , while -observance of the maximum permissible errors
    means that shortages and the number of short prepackages are
    reduced .
2.3 Methods of checking provided for by the Directive
    2.3 . – .1 Preliminary remarks
                It should first be pointed out that the Directive clearly
                states ( Annex I , Section 5 ) that it does not preclude any
               .checks that nay be carried out by the competent authorities
                of tlie Member States in the course of trade .
                Furthermore , under the terms of Tjcticle 15 ( 2 ) of the
                Directive of 26 July 1971 (the general Directive ), a
                prepackage which bears ESC signs or marks but does not
                satisfy the requirements' of ' this Directive , particularly
                in respect of the maximum permissible errors , may be
                banned from service ( i.e. , withdrawn from sale ) as may
                a prepackage bearing only national marks .
 ---pagebreak--- It should "be pointed out , '.however , that present checks are . purely
repressive . In' most cases they cause the destruction of the packaging
of the products being checked .     They are therefore restrictive and
costly for the trader and the service ( whose repayment "budget is usually
snail ), and in practice they can only cover a limited number of products .
For this reason, in order to provide a ."bettor public guarantee and better
consumer-protection, the Directive introduces preventive provisions ,
an innovation in nearly all the Member States ,
2.3 - 2 - Data on .the quant ity contained
            Apart from other marks which may "be required "by various
            directives or regulations , any prepackage made up in
            accordance with this Directive must bear the following
            markings , made or affixed in such a manner as to be      '
            sufficiently durable ( indelible ), easily legible ( contrasting
            sufficiently with the background) and visible on the
            prepackage when displayed in the normal manner ( grouped on
            a face or part of the package which is not obscrued either
            in the -usual position of display, or by an outer wrapping): •.
            « the nominal quantity ( minimum sizes are laid down);
            ~  a sign or marking enabling the competent department to
                                                              1
               identify the party responsible for packaging
               a small " e " indicating that the prepackage is supposed
               to. satisfy the requirements of this Directive .
            Article 12 of the general Directive of 26 July 1971 provides
            that Member States shall take all necessary measures to
            prevent the use of - signs or markings liable to be confused
            with the ESC signs or markings , such as the "e" mentioned
            above .
    1
       This is of interest only to the inspection departments , which
       want to be able to go back to the source . For the consumer ,
       ( the final purchaser), the responsible party is the seller .
 ---pagebreak---                                     - 7 -
2.3 ~ 4 -Control of actual contents on the packager's ( or importer's)
         promises
         Preventive checks on the packer's premises provided for by
         the proposal which , it must be remembered , supplement the
         repressive chocks at the final point of sale , have a number
         of advantages :
                At this level , the inspecting department is in direct
                contact with the party responsible for the quantity
                packaged , can acquaint itself with the method of , and
                examine the equipment used to make up the prepackages
                and form an impression of the environment in which the
                operations are carried out ,
                3t can often easily establish the tare weight of the
                packages sufficiently accurately to be able to carry
                out a non-destructive test by weighing .
                It can chock the uniformity of complete or , at least ,
                large batches , and finds good conditions under which to
                determine the average contents , and scatter .    It is thus
                able to judge the packager 's intentions .
         -      In most cases , it induces the packager to carry out a
                continuous check on its products by a method approved
                by the department , which monitors its application
                ( e.g. , statistical control using cards).
         Since there are far fewer packagers than retailers and
         inspection is nort-de struct ive , spot checks , carried out as
         thoroughly and as often as the size of the department permits ,
         make it possible to monitor the-rafttixar^qiantities contained ,
         and to do so practically continuously .
         In view of the high rate of production of prepackages which can
         be as much as several tens of thousands an hour , a check
         carried out on the packager 's premises can only take the form
         of rrandom sampling effected under the internet ionally agreed
         rules for this type of check .
         In order to ensure uniformity in this , Annex II to the
         Directive provides a reference method which fixes the degree
          of severity of checks carried out by the oaf^etent official
         authorities of the Member States and also permits mutual
          recognition of such checks .
 ---pagebreak---                                       -8-
The Member States may also in practice adopt any other , equally
effective method .                            .
It should "be remembered , however , that the recommended procedures
are "based on the tables in the Military Standard which still appear
to be the most commonly used in statistical quality control .
The minimum individual permissible contents are checked by means
of a method based on attributes ( sound or defective )- which may,
moreover , be valid for non-Gaussian distributions - which is quick
and easy to use .  The Member States may choose between single and
double sampling plans ;   both are equally effective , but , with the
double sampling plan , which is a little more difficult to use , the
total number of prepackage samples to be checked can be reduced .
The method used to check the average contents is based on measurement .
Since measuring takes longer than procedures designed to check that
a minimum-contents limit has been complied with , it was deemed
preferable to adopt as the scatter factor the standard deviation
of the sample , which provides an affective means of assessing the
standard deviation of the batch of prepackage s under inspection .
The reasons for including the third subparagraph of Section 4 of
Annex I should also be stated : if the, average is correot (this is
required in all cases ), a batch may be accepted .vohon- the scatter
is statistically verified if the number of defective units in the
sample is below the acceptance criterion ;    if a defective unit thus
discovered in the sample from an accepted batch displays a minus
error greater than twice the maximum permissible error , it oan not
be marketed ; if the error is below or equal to twice the maximum
permissible error , it may be returned to the batch and consequently
sold .
 ---pagebreak---                                        - 9 -
III . SPECIFIC COMENTS FROM BUSINESS ORGANIZATIONS AND CONSUMERS'
      ASSOCllTMfd^
      3.1 . Tolerances and product classes .
      It proved ertromely difficult to draft a proposal which would take
      account of the problems specific to the packing of each type of
      product .  Clearly , if this had "been attempted , the number of classes
      would have been so large , and the problem of defining them precisely
      so great , as to nullify completely the clarity which the proposal
      for a Directive is intended to create .
      In agreement with      experts ,           the Commission therefore
      decided to keep only two product classes and to set less stringent
      tolerances for products which present major filling problems .
      Despite this , there is no doubt that in certain cases producers
      will find it difficult to keep within the prescribed tolerances
      by setting the average at the nominal value .     In these cases ,
      in order to meet the required minimum values , they would have to
      set the average actual contents above the nominal value .
      This drawback did not escape         the experts         but they considered
      that since the rule was harmonized at Community level it could
      not distort competition between producers in the various Member
      States , and , furthermore , that producers would thereby be encouraged
      to use suitable equipment and to oontrol and inspect their
      products more strictly.     It was o.lso considered inadvisable , -
      as stated earlier , to increase the number of product classes .
      On the other hand , certain consumers' associations would have liked
      the tolerances to be made tighter .
      It is perhaps useful to stress once again that the prescription
      of maximum permissible errors is not equivalent to a routine
      tolerance in deficiency, but rather to a limitation of scatter .
 ---pagebreak---                                                              r
                               -10-
Maximum permissible error values were chosen, in the light of the
results of a great many checks , surveys and tests , conducted
mainly in France and Germany, so that the present Capabilities
of properly equipped undertakings were taken into account .
Any appreciable reduction of these tolerances would raise the
value of the product because , to comply with stricter error
values , the packagers would be obliged either to equip themselves
with far more costly and sophisticated machinery, or to slew
down tha rate of production, or to overfill systematically.       This
being the case , it did not appear advisable to comply with the
wishes of the consumer associations-
3.2 .  Scorie of the Directive
Several trade associations expressed the wish that , following
the example of a number cf countrios , the scope of the Directive
should not extend so far downwards but include only those greater
than 20 g and 20 ml , or even 50 g and 50 nil .
In view of the subject of their concern, it is not certain,
however , that such an amendment would have been to their advantage .
Indeed , since application of the Directive is optional , prepackagers
are entitled to benefit from the regime of free movement offered
by the Directive for prepackaged products with nominal contents
between 5 g or 5 nil and 10 kg -or 10 1 , but they are in no way
obliged to avail themselves thereof provided that they comply
with national laws .
However , some governments consider it necessary to indicate the
weight , even of small quantities , of certain high-cost products
such as condiments or seeds .    If these were excluded from the scope ,
of the Directive , the existing national disparities which create
obstacles to trade would persist .    Moreover it is clear that ,
unless the national regulations of the country where the product
is marketed forbid it , the prepackaging company may, for instance ,
make as EEC prepackages only those with a nominal quantity not
less than 50 g or 100 ml .
 ---pagebreak---                                       -11-
    3 » 3 = Rules concerning permissiblo quant ity ranges
    Tha Commission is aware that the problem of-permissible ranges ( series)
    of volumes and weights must also "be settled at Community level , as it
    was in the proposed Directive on beverages , and as is the wish of
    the consumers' associations and "business organizations .
    Unfortunately this question is very complex because this proposal
    covers almost all prepackaged products in the Member States , where
                                                          1
    measuring and commercial practices are very diverse .
    The variety of nominal quantities of prepackages offered to the
    consumer is so wide that the responsible authorities of the various
    Member States have often been prompted to restrict their number in
    order to protect consumers , to raise the standard of fair competition
    between manufacturers and dealers and to rationalize production
    and distribution . However , preliminary discussions on this point
    revealed such widely diverse practices and rules that it was deemed
    preferable to put forward this first proposal while continuing the
    search for a solution to the problem of ranges . As soon as the
    Commission is in a position to supplement this proposal , therefore ,
    it will present a further proposal for a Directive indicating the
    ranges of permissible quantities . The adoption of all these
    provisions , which form a sort of European quantitative charter on
    the making-up of prepackaged products , will meet an ever-increasing
    desire on the part of the consumer for greater clarity in this field .
IV . SUJETiBY
    To sum up ;
    The directive applies to prepackages of constant nominal quant it y
    of the major consumer products listed in Annex III .
 For instance , certain products are sold by volume in some countries
 and by weight in others . Since their density is not constant , a
 range valid for both quantities cannot be defined .
 ---pagebreak---                                       -12-
    It is strictly confined to the field of legal metrology and has no
   "bearing on labelling in general or of the way in which products
   must "be sold .
   The checks now carried out by the competent authorities of the
   Member States at all stages of the commercial process , and especially
   at the point of final sale , will continue .
   But these repressive checks cannot he continuous . To ensure that
   market conditions are fully intelligible , and to give consumers
   a "better quantitative guarantee , ( assuming mutual recognition of
   the checks performed), the Directive introduces virtually continuous
   preventive inspections at source , i.e. on the packager's or
   importer's premises .
   The responsible packager is required to ensure that the actual
   contents of the prepackages are at least equal to the nominal
   quantity ;   this requirement applies to the average of every "batch
   of the same make .     In addition, the scatter of actual content
   values "below the nominal value is limited "by the setting of a
   maximum permissible error in deficiency.
   Prepackaging firms must keep a oonstant check on what they produce ,
   under the supervision of the competent official "bodies .      The latter
   will also carry out statistical control "by sampling, similar in
   effectiveness to the reference method described in Annex II . ,
   As an annex or supplement to thi3 Directive , a study will be made
   of the ranges of values imposed for the nominal quantities of the
   prepackages of certain products .
V.   C01TSULTATI Oil OP THE PAFILYfESHT AND ECONOMIC AI7D SOCIAL COIIMTTTCC
                                  /
   Pursuant to the provisions of Article 100 ( 2 ), the opinions of
   those two institutions are needed because implementation of the
   Directive will require amendments to the laws of certain Member
   States .
 ---pagebreak---                                        ΑΜΕΚΕ
                          TO THE EXPLANATORY MEMORANDUM
       Laws relating to prepackages currently in force in tho Member States
BELGIUM
- Law on commercial practice , ( 14 July 1971 )
- Royal Decree of 4 September 1972 on quantity specification.
KHI
- Decrees relating to :
   The marking of net weight or net quantity on preserved foods
    ( MonopoIt i1 syne fc , 4 April I96I ); ■
   Deep-frozen foodstuffs (Monopolt ilsynet , 15 November 1965) ?
   Prepackaged goods ( 21 September 19^4» 10 March 1965 » 21 March 1966 ,
    17 ITovember 1967)5
- Decree amending the decree on preserved and semi-preserved fish
    (Ministry of Fisheries , 1 September 1966 ).
GEIOOY
- Lav; on metrology and the verification of weights and measures
    ( Law on verification - Eichgesetz ) , 11 July 19^9 •
- Law on prepackaging (Fertigpackungsverordnung) , 16 December 1971 •
FRAITCS
- Law of 13 June 1866 on trade practice .
- Law of 1 August 1905 on the suppression of fraud , together with
   the following implementing decrees :
- Decree ITo . 72639 of 12 October 1972 implementing the Law of 1 August
    I905 on the suppression of fraud with regard to the conditions of
    sale of foodstuffs , i.e. , solids and liquids intended for human
   and animal consumption, and also the rules governing the labelling
   and presentation of all goods which have been prepackaged for
   retail sale .
- Order Ho . 45 ~ 2405 of 13 October 1945 on liquid volume measurement
    (Journal Officiel , 19 October , 1945 ) •
 ---pagebreak---  IRELAlïï)
– Merchandise Ilai'ks ( pre-packed goods ).
 ITALY
- Royal " Decree of 23 August 1890 , ITo . J0Q8
     ( with successive amendments )
    Sole "text of the laws governing weights and measures .
- Law of 30 April 1962 , ÏTo . 283
     ( with successive amendments )
    Hygiene requirements in respect of the manufacture and sale of
    foodstuffs and "beverages .
    (/in implementing regulation is currently being prepared).
LUXEMBOURG
- Lav; of 17 Miy 1882 on weights and measures .
- Grand-Ducal Royal Decree of 30 May 1882 implement ing the law on
    weights and measures .
-   Opinion delivered "by the Director-General for Finance on 11 April
    1933 stating certain requirements ( including the specification of
    weight or measurement and respect of prepackages ) stipulated in
    the law of 17 Kay 1882 on weights and measures .
ÏÏETHWRLATJDS
– Food and Drugs Act ( Warenwet ). 1935 »
–   Implementing provisions of the Food and Drugs Act , and in particular
    the General Order (Algemeon Bcsluit ).
- Royal Decree on Government marking of tutter ( Rijkshotermerlcbe schikking) ,
    1947 .
-   Regulations deriving from Statutory Trade Organisation
    ( PBO Verordeningen) dealing mainly with the products referred
    to in this Directive .
TOUTED KINGDOM
- Weights and Measures Act , 1963 .       ..
    Trade Descriptions Act , i960 .
– Laws and regulations made on the "basis of these two Acts .
 ---pagebreak---                                PROPOSAL
                      FOR Z COUNCIL DIRECTIVE OH
                TIE APPROXIMATION 0? TIE LAWS OP THE
                MEMBER STATES RELATING TO THE IKJCING-
                UP BY WEIGHT OR BY VOLUME OF CERTAIN
                      PRE-PACKAGED PRODUCTS
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community and in particular Article 100 thereof ;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic a,nd Social Committee ;
Whereas in most of the Member States sale presentation conditions
of products in prepackages are the subject of mandatory regulations
which differ from one Member State to another , thereby hindering
trade in such prepackages *.
Whereas such provisions must therefore be approximated ;
 ---pagebreak---                                     -2-
Whereas , in order "to enable consumers to "be corroctly inforned,
the method of marking the nominal weight or volume of the product
contained in the prepackage should "be indicated ;
Whereas it is also necessary to specify the maximum permissible
errors in the content of prepackages and whereas in order to
facilitate control of compliance of ' prepackages with* the provisions
laid down a reference method for such control should "be defined ;
Whereas Article 16 of the Council Directive of 26 July 1971 on the
approximation of the laws of the Member States relating to common
provisions for "both measuring instruments and methods of raetrologioal
       1
control provides that the harnonisation of the requirements for
marketing certain products , in particular as regards the prescription,
measurement and marking of pre-packed quantities , may also he covered
by specific directives ;
Whereas the Council Directive of 26 July 1971 states that the
specific directives may specify, conditions permitting, the date
on which each Member State may repeal the national provisions
applicable to products similar to those which oomply with Community
provisions ; whereas in the present case it is not yet permissible
to set such a date ;
HAS ADOPTED THIS DIRECTIVE :
   DJ Ho L 202 , 6 September 1971 *
                                                                 (
 ---pagebreak--- This Direct 1 -/0 shall apply to prepackages containing products listed
 in Ainier. Ill and intended for sale in constant unit noninal quantities
which are :
-   equal to values predetermined "by the packer ;
-   expressed in units of weight or of volume ;
-   not less than 5 S or 5 ml and not more than 10 kg or 10 1 .
Prepackages which do not "bear an indication "by weight or "by volume
are not covered "by this Directive .
                                 Article 2
A prepackage within the moaning of this Directive is the combination of
a product and the individual package in which it is prepacked.
A product is prepacked when , without the purchaser being present , it
is placed in a package of whatever nature in such a manner that the
quantity of product contained therein has a predetermined value and
cannot he altered without the package "being opened or 'undergoing a
percept ible rnodificat io.P^>
                                 Article 3
Prepackages made up in accordance with this Directive shall be narked
with the weight or volume , referred to as the nominal weight or
nominal volume , of product which thoy are required to contain, pursuant
to Annex I hereto , at the time of packaging .
Prepackages containing liquid products shall "be marked with their nominal
volume and prepackages containing other products shall "be marked with
their nominal weight .
If , for a class of product or for a given type of prepackage , commercial
practice regarding sale "by weight or by volume is not the same in all
Member States , and if such prepackages Eire not marked both with their
nominal weight and with their nominal volume , they shall be marked in
accordance" .with the commercial practice prevailing . in the country to
\;hich they are consigned .
 ---pagebreak--- Until -the expiry of the transitional period, during which the use of the
 Imperial units of measurement appearing in Annexe II to the Council Direc­
tive of 18 October 1971 concerning units of measurement ( l ), modified by
the Act concerning the conditions of Accession and Adjustments to the
Treaties ( 2 ), is authorised in the Community, the indication of the nominal
weight and/or nominal volume expressed in IS units in accordance with Annex I
 Bub-section 2«le , to this Directive nay "be accompanied "by that of the
equivalent value in Imperial (lUK) units of measurements , calculated on the
basis . of the following practical conversion factors :
1 g » 0.0353 ounce ( avoirdupois )     1 ml e 0,0352 fluid ounce
1 kg =    2*205 pounds                 11    = 1*7^0 pints or 0®220 gallon*
                               Article 4
The prepackages which are authorized to bear the ESC symbol provided for
in Annex I , sub-section 2o3 » shall be these which contain products listed
in Annex III and which satisfy the requirements of this Directive , and in
particular Annex I thereto *
They shall be subject to metrological checking under the conditions set
out in Annex I , sub-section 4 * and. in Annex II*   .
                               Article 5
The Member States shall not , for reasons concerning the markings required
to be borne by prepackages pursuant to this Directive , the determination
of the volume or weight of prepackages , or the methods by which the latter
have been measured or checked, refuse , prohibit or restrict the marketing
of prepackage bearing the EEC symbol provided for in Annex III which
satisfy the requirements of this Directive , Annex I section 4 and. Annex II
thereto * '
                               Article 6
Member States shall bring into force the measures necessary to comply with
this Directive within a period of 18 months from the date of its notifica­
tion and shall immediately inform the Commission of such measures »>
Member States shall ensure that the text of all provisions adopted under
national law in the field covered by this Directive is communicated to
the Commission*
                               Article 7
This Directive is addressed to the Member States *
                                            Done at Brussels , e*o*o*e *»***«*
                                                   For the Council
______________                                     The President *
( 1)  ,0*J. n® L 243 , 29.10.1971 , page 29
(2)     0,J* n° L 73# 2Yo03.1972 , page 119
 ---pagebreak---                                      -3-
                              ANNEXE          I
1 -The quantity of product contained ina prepackage ( or quantity of filling),
   known as the "actual contents" shall be measured or checked ( by volume
   or by weight ) on the responsibility of the packer . The measurement or
   check shall be carried out by means of a legal measuring instrument
   appropriate to the nature of the operations to be performed .
   One of the several methods of meeting the measuring or checking
   requirement is to use a measuring container , as defined in the Directive
   relating thereto and filled under the conditions prescribed therein,
   when making up the prepackage .
   The check ray be performed by sampling.
   Whore the actual contents are not measured , the check performed by the
   packer shall be so organized that the value of the said contents is
   effectively ensured .
   This condition is fulfilled if the packer carries out a product ion check
   in accordance with the procedures recognized by the competent authorities
   in the Member State and if he holds at the disposal of these authorities
   the documents containing the results of such checks , and , if appropriate ,
   the corresponding items .
2 -Ail prepackages made up in accordance with this Directive shall bear on
   the package the following markings affixed in such a manner as to be
   indelible , sufficiently contrasted , easily legible and visible on the
   prepackage in normal conditions of presentation:
   2.1 The nominal quantity ( nominal weight or nominal volume ) ,, expressed
       in litres or kilograms , centilitres , millilitres or grains , and
       marked in figures at least 6 mm high if the nominal quantity is
       more than 1,000 g or 100 cl ,. 4 ism high if it is from 1,000 g or
       100 cl down to but not including 200 g or 20 cl or less , and 3 ram
       high if it is not more than 200 g or 20 cl , followed by "the symbol
       for the unit of measurement used or , where appropriate , by its name ,
       in accordance with the provisions of the Council Directive of 13
       October 1971 relating to units of measurement .
       Markings in Imperial ( UZ) units shall be in letters and figures of
       dimensions not larger than those of markings in IS units .
   2.2 A mark or inscription enabling the department concerned to identify
       the packer or the person responsible for the packing or the importer
       established in the Community.
                                                             • •/• •
 ---pagebreak---                                             ~4~
2.3- A snail "e", at least 3 nun high, placed in the same visual field
        as the indication of the nominal weight or nominal volume and
        certifying that the prepackage meets the requirements of this Directive .
        This letter shall have the form shown in the drawing contained in
        Annex II , sub-section 3 *. to the Council Directive of 26 July, 1971
      , concerning the provisions common to measuring instruments and to
        methods of metrologioal checking.
        Article 12 of the aforesaid Directive shall apply mutatis mutandis .
3.      Prepackages covered "by this Directive shall "be made up in such a
        way that the completed prepackages satisfy the following requirements :
        3.1 The actual contents of the prepackages at a temperature of
                *
            20°C shall not "be less , on average , than the nominal quantity.
        3.2 The maximum permitted error in deficiency in the contents of a
            prepackage , i.e. , the maximum permitted difference in deficiency
            at a temperature of 20°C "between the actual contents and the
            nominal quantity of the prepackage , is fixed in accordance with
            the table "below, in which products are divided , as set out in
            sub-sections 3.3 and 3.4 . » into two classes ("A" and "B")
            according to their physical characteristics and/or the processing
            they undergo . The difference between the nominal quantity
            and maximum permitted error is known as the " minimum permitted .
            contents".
            For the use of the table , maximum permitted errors in percentages
            should be rounded off i?n the nearest one-tenth of a gram or
            millilitre .                        .       - -■
  Nominal quantity Qn                    Maximum permitted errors in deficiency
 JLn grams or millilitre s
                                        Class "A"                      Class " B"
                                  as a %          g or ml       as afo      g or ml
                                  of O,                         of O,
                                                                          [
                                ι
  3 • 5 ~ 25                                                 !■• 5     -
    25 - 50                        4-5    ■                       9             m»
    50 - ioo     .                                2.25 , J                     4.5
   100 - 200 ,                     2.25                          4.5
   200 - 300                                      4.5                           9
   300 - 500                       1.5      • !                   3
   500 - IOOO                                     7*5 <                         15
I 1000 - 10 ooo ■                  0.75                          1.5     i      -
 *T'his theoretical rule does not affect the temperature at which the
   measurements sire really nade , which with some products may have to be
   different from the reference temperature (e.g. , ices and deep-frozen goods).
 ---pagebreak---                                       - 5~
3.3-   The following products shall be considered as "belonging to Class
     "B" :
     -     prepackaged products of a nominal quantity less than 25 grams or
           millilitres ;
     -     liquid products ;
     -     products the flow properties or density of which cannot be kept
           constant except at the cost of considerable technical effort ;
     -     products containing several substances of different densities or
           different physical phases and/or jshe packaging of which requires
           several operations ;
     -     products which , after they have been packed , are subjected to
           additional processing, e.g. , heat treatment , likely to affect
           their weight in an irregular manner ;
     -     products with a high unit weight , i.e. , products composed of
           pieces , fragments or grains the maximum unit weight of which is
           greater than or equal to the maximum permitted error corresponding
           to the nominal weight of the prepackage which contains them, as
           set out in the table in sub-section 3.2 ( Category "A").
3.4 - Products not falling within the categories referred to in the
      preceding sub-section ( 3.3 ) shall be considered as belonging to
       Class "A".
4.  –A check that the prepackages comply with the provisions of this
       Directive shS.ll be carried out by the competent authorities in
      the Member States by sampling on the packers * premises or , if this
       is not practicable , on the premises of the importer or his agent
       established in the Community .
       This sampling check shall bo carried out in accordance with the
       accepted rules on quality control .   Its effectiveness shall be
       comparable to that of the reference method specified in Annex II .
       However , no prepackage having an error in deficiency greater
       than twice the maximum permitted error , as defined in Annex I ,
       sub-section 3 ., shall knowingly be marketed under the ESC symbol
       provided for in sub-section 2.3 .
5.  - This Directive shall not preclude any checks that nay be carried
       out by the competent authorities of the Member States in the
       course of trade .
       Article 15 .2 of the above-mentioned Directive of 26 July shall
       apply mutatis mutandis .
 ---pagebreak---                                       - 6 -
                                    ANNEXE        II
This Annex lays down the procedures for the checking of prepackages in
order to meet the requirements of Article 4 of the Directive and those
of Annex I , sub-section 4 »   Except in the case referred to in 4*1*3 . "below ,
these checks shall take the form of random sampling.
1 , Requirements for determination of the actual oontents of prepackages .
        The actual contents of prepackages may he measured directly "by
    means of weighing or volumetric measuring instruments or , in the case
    of liquids , indirectly "by weighing and measuring the density of the
    prepacked product .
        Irrespective of the method used , the error made in the determination
    of the actual contents of a prepackage shall not exceed one-fifth of
    the maximum permitted error for the nominal quantity of the prepackage ,
    as set out in the table in Annex I , sub-section 3.2 .
2 . TertainoloCTr .
        The terminology of the statistical vocabulary used in this Annex
    is tnat of the vocabulary of statistical quality control .
3 . Place for the performance of the     chock
        Checks shall , as a general rule , be performed on the premises
    where the prepackages were filled , but may also be performed at their
    place of storage notably in the case of imports .
4 . Requirements for checking batches of prepackages .
        The checking of prepackages shdll be carried out by sampling
    and shall comprise the following two checks :
    -   a first check covering the average actual contents of the
        prepackages in the sample ;
    ~   a second check covering the actual contents of each prepackage
        m the sample .
        a batch of prepackages shall be considered acceptable if the .
    results of both these checks satisfy the acceptance criteria .
 ---pagebreak---     For each of these checks , provision is made for the use of two
sampling schedules :                                   ' /
-   one for non-destructive testing ;
-   the other for destructive testing. '
    The latter method shall he limited to the absolutely essential •       :
mimsunu           ,                            ... •:* _ c.'. .... :     •
    Destructive testing shall therefore be only performed when non­
destructive testing is impracticable .                                ,
4.1    Composition of the prepackage batch
       4.1.1 . The batch shall be composed of all the prepackages of the
               same type and the same production run which are to be
               inspected .
               The number of prepackages in a batch shall not , however ,
               exoeed 10,000 .
       4.1.2 . When prepackages are checked at the end of the packing lino
               the number in each batch shall be equal to the maximum
               hourly output of the packing lino , without any restriction
               as to the number of prepackages in batch .
       4.1.3 . For batches in which the number of prepackage s.U is less . .
               than 100 , the non-destructive test , where performed, shall
               be . 100$.
               In such cases a batch shall be finally accepted if this
               check shows that :
               1 ) the average actual contents of the batch is greater
                    than or equal to the nominal quantity ; •
               2 ) the number of prepackages displaying an error greater
                :   than the maximum' permitted error is not more than '
                    0.025 N, rounded upwards to the nearest whole number .
4.2 .  Method of samplmg.
       The prepackages making up the samples shall bo taken at random
       from the batch submitted for checking.
       As a general rule , sampling shall be completed before a
       motrological examination of the samples is begun ( except for the
       second sample where a double sampling scheme is used) .
 ---pagebreak---  4o - First check:
     .  . Checking of "the average actual contents of the individual
     . prepackages making up a batch * •
          For the purpose of this check, specimens shall "be taken at
       random from among the individual units in the sample required for
       the checking of the minimum acceptable contents . if the number of
       prepackages in the sample is sufficient .             If not , an additional
       sample shall be taken .
       4«3»1 »  A batch of prepackages shall be considered acceptable for
                the checking of the average contents if the mean value
                                     of the actual contents x . of the n prepackages
                            η
                in the sample is greater than the value :
                   «n "   ■
                                          'i • JL
                in which :
                     = the nominal quantity in the prepackages ,
                n . = the number of prepackages in the sample to be checked ,
                s    » the estimated standard deviation of the actual contents
                c       of the batch ,
                                        - V 2
                                   η -  ι
                t ^-^= quantile of the order of 0.9S5 of "th® Student variable
                            at .(n – l ) degrees of freedom
                               Y - n-l ).
       4.3.2 .  Criterion for acceptance or rejection of the batch of
                prepackages for the first check .
                4.3.2.1 .       Criteria for non-destructive testing
  -Number in batch     • • ÎTursber in   •"    "   • --      " Criteria
                            : sample
L_                                               Acceptance       .        Rejection
   100-500 ( incl .)            30                      - 0.503s      X       - 0.503s I
. V 500                      •  50               ; ^>Qn - 0.37Ss      " < On - 0.379s I
 ---pagebreak---  4.3.2.2 . - Criteria for destructive testing
  Number in batch            ïfumber in            _              Criteria,
                                sample             Acccotance                Re jqction
     ùz      500                   8 .
                                                      n   - 1.237s
                                                                1       ; <0 - 1.237s
    501 - 1200                   13                       - 0.847s      - <0 - 0.8473
    > . 1200           j         20                         0.640s      χ < 0« - 0.6403
4^4 - Second check:         checking of the minimum acceptable contents .
           Prepackages in the batch the actual contents of which are less
       than the minimum acceptable contents shall be declared defective .
           For checking by sampling, one of the following sampling schedules
       shall be tised , the choice being left to each Member State .
       4.4.1 .    Single sampling project
                 The number of prepackages chocked shall be equal to the number
               . in the sample , as indicated in the schedule :
                 - if the number of defective units found in the sample is
                    less than or equal to the criterion for acceptance , the
                    batch of prepackages shall be considered acceptable for
                    the purpose of this second check ;
                 - if the number of defective units found in the sample is
                    equal to or greater than the criterion for rejection, the
                    batch of prepackages shall be rejected .
        •,    /- 4.4.1.1 . Schedule for non-destructive testing.
  Number m batch            Number in                Number of defective units
                             sanple
                                                     Acceptance             Rejection
                                                      criterion             criterion '
I 100 - 150             I       20                        1                       2
    151 -. 280                  32 .                      2        ;':            3          ;
    281 - 500             5     50              •:        3   '                   4
  - 501 - 1200 ν              . 80          . 1           5                       6
   1201 - 3200                 125                        7                       8    -r
   3201 and over               200     " " –           ■ 10        -- !      . ..11 .. . . ,
 ---pagebreak---                                         - 10-                        4
4.4.1.2 .    Schedule for destructive testing
 Number m batch              Nuriber m              IJumber of defective units
                               saople
                                              ii.cceptar.ce            Rq joction
                                                criterion              criterion
                : 500            8                  0                       1
     501   - ; 3200             13                  1                       2
               3200             20                  i       :               2
4.4.2 .   Double-sampling schedule for nonr-destructive testing .
                   The first number of prepackages checked shall be equal to
         the number of units in the first sample , as indicated in the
          schedule :
         -         if the number of defective units found in the first
                •' sample is less than or equal to the first acceptance
                .^ criterion, the batch shall be considered acceptable for
                   the purpose of this second check ;
         -         if the nuLiber of defective items found in the first sample
                   lies between the first acceptance criterion and the first
                   rejection criterion, a second sample , the number of units in
                   which is indicated in the schedule , shall be checked .
                   The numbers of defective units found in the first and
          second samples shall be added together ;
   -      if the aggregate number of defective units is less than or
         equal to the second acceptance criterion, the batch shall be
         considered acceptable for the purpose of this seoond check ;
   -      if the aggregate number of defective units is greater than
         or equal to the second rejection criterion , the batch shall
         be rejected .
 ---pagebreak---                                                     - 11-
    ■ Nucber in                 Samplos .                      Funber of defect ivo units
          batcE "        '
                              Order    ITuraber   Aggregate     Acceptanoe       Re jection
                                                  ■ number       criterion       criterion
  -  - - -        ^ .t -  .
      100-150                 lst         13                        0>               2
                              2nd         13           2(5          i;               2
      151-280               I lst         20           20           0                3
                              2nd    I    20    |      40    I
                                                                                  , 4
                                                                                       ... .
      231-500                 lst         32           32           1
                              2nd         32           64           4                5
      501-1200                lst         50           50           2                ?
                              2na .       50          100   I       6                7
11 , 201-3, 200               lst   1     80           80           3          ■     7
                              2nd         30          150           8    ' i         9
                                                                         • i
 3,201 and over             I lst        125          125           5                9
                              2nd        125          250          12               13
 ---pagebreak---                                     -12-
                                  ^msx HT
Product /Troup s covered by the Directive
1.    Foodstuffs (without reference to the OCT), other than liquids
      covered by the Directive on the naking~up "by volume of certain
      prepackaged liquids .
2.    Perfumery, cosmetics and toilet preparations               CCT 33.06
3.    Soaps - surface-active         )
      detergent s - washing powders )                            CCT 34*01
                                                                     34.02 Β
4.    Wax polishes j waxes ; metal polishes                    . CCT 34*05
5.    Horticultural fertilizers                                . CCT 31.05 B
6.    Glues and adhesives                                      . CCT 35*06
7.    Herbicides ; pesticides                                    CCT 3o.ll
8.    Paint solvents                                           . CCT 38.18
9.    Pet foods                                        without reference to
                                                                 the CCT
10 .  Seeds                                                      CCT 12.03
11 . Paints and varnishes ; inks                         CCT 32.09   32.10
                                                             32.11   32.12
                                                             32.13