CELEX: 51977PC0455
Language: en
Date: 1977-09-30
Title: Proposal for a Council Directive amending Directive 75/106/EEC on the approximation of the laws of the Member States relating to the MAKING-UP BY VOLUME OF CERTAIN PREPACKAGED LIQUIDS (presented by the Commission to the Council).

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COM (77) 455
Vol. 1977/0145
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 ---pagebreak---         COMMISSION OF THE EUROPEAN COMMUNITIES
              V\ ..                      ,,                    COM(77)455 final. \
                                            s                  Brussels . 30 September 1977
                            Proposal for a Council Directive
                              amending Directive 75 / 106/ EEC
                 on the. approximation of the laws of the Member States
                                        relating to
y
                 the MAKING-UP BY VOLUME OF CERTAIN PREPACKAGED LIQUIDS
                     ( presented by the Commission to the Council ) .        V
                                                                      J
 COM(77) 455 final .
 ---pagebreak---           ■                   EXPLANATORY MEMORANDUM
                                    I  • k ^ " ' •* '
 This directive is prepared fri pursuance of Article 100 o"f the Treaty
 establishing the European Economic Community . It follows on from Council      '•!
 Directive 71 / 316 / EEC of 26 July 1971 on the approximation of the laws of th$
 Member States relating to common provisions for both measuring instruments ■
                                         1
 and methods of metrological control .
 At the time of the adoption of Directive 75 / 106 / EEC of 19 December 1974
on the approximation of the laws of the Member States relating to the
                                                        2
 making-up by volume of certain prepackaged liquids the Council felt that,.'
 although the main aim of the directive was to remove technical barriers . .
to intra-Community trade existing at the time in the field of prepackaged
 liquid foodstuffs , while ensuring consumer protection , fairess of
 competition and knowledge of the market , the list of nominal volumes
 in Annex III was still too long .
This opinion was in fact included in the Council minutes , in which it was
 stated that :                                                                  _
- the Council invited the Commission to present , before 31 December 1980,
    a new proposal for " the list of nominal volumes given in Annex III to the
    Directive with the specific aim of reducing the number of permitted
    nominal volumes in order to improve consumer protection . In particular ,
    wherever the present list included , for the same category of liquids >
    values which were too close to one another , the Commission should
    endeavour , taking into account developments in international trade , to
    adopt only one of these values in its proposal .         *
 The Commission has anticipated the deadline fixed by the Council for
■presenting such a proposal , in the form of this directive , for several
 reasons    :   .
              *
  First , it was clear that Council Directive 75 / 106 / EEC was not wholly
 satisfactory because in several cases the retention of several similar values
  could lead to confusion with harmful consequences .
  1
     0J of the European Communities , L 202 of 6 September 1971 , p 1
  2
     OJ of the European Communities , L 42 of 15 February 1975 , p 1
 ---pagebreak---                                         - 2 -
 Since all parties concerned were aware of the need to make further reduction
                                 V
 in the number - of permitted volumes ( as far bacK as 1975 , some Member States
 requested the Commission to take steps to this effect ) it was felt that
the proposal should be presented as soon as a study of developments in
commercial practices had been carried out which would provide a suitable
indication of the choices to be made .
This has now been achieved to a large extent . Both in the Community and in-
non-member countries , particularly in those at present moving towards the
SI system of international units , the situation as regards several liquids
"is much clearer and the trends far more distinct than they were three years
 ago .
 This is especially the case with wines , on which there has been an agreement
 between the wine producers and governments for the elimination of the 70 cl
 and 35 cl bottles over the long term and their replacement by 75 cl and
 3 7.5 cl bottles .
 Specifically in the case of wines , it is interesting to add that , in fact ,
 the trend in the Community is towards complete harmonization . A decision to
 this effect was taken by the Management . Committee for Wine and adopted' by
 the Commission in its Regulation ( EEC ) N° 1054 / 77 of 13 May 19 77 amending
  Regulation ( EEC ) 1608 / 76 laying down detailed rules for the description and
                                            1
  presentation of wines and grape musts .
  Although this choice is a binding one , it will be attenuated by a fairly long
  period of transition - which will enable producers to continue to sell
  products previously put up in volumes of 70 cl and 35 cl . In this way
  the market in these quantities will not be disturbed and there will be
  a gradual transition to 75 cl .
   It was more difficult to solve the problem of spirits . A few years ago ,
  some producers changed from 75 centilitres to 70 centilitres since this
  was the traditional quantity       for other products and , in view of the high
  price of the products in question , such producers are naturally most
   reluctant to give up this nominal volume .
                                                                                • • •
  "ï
     OJ of the European Communities , L 130 of 25.5.1977 , p 1
 ---pagebreak---  Some government experts share this opinion . However , it must be said that
 far larger quantities of spirits on the Community market are put up in
75 centilitres than in 70 centilitres , and that this situation is even
more pronounced on the world market . . By way of example , one might quote
the decision taken by the United States , as part of the move towards the
SI system, of units ,. to adopt 75 centilitres for spirits rather than 70
centilitres . This is to be compulsorily applied in the United States over
the next few years .
In view of this market trend it was difficult to abolish the 75 cl nominal
volume in favour of . 70 cl . It was even less rational to allow thetwo
values to remain on the market indefinitely as this would perpetuate the
existing confusion . It would also have been very complicated to try to make
a distinction between products sold in 75 cl amounts and those in 70 cl
amounts because the nominal volumes generally put on the market at
present reflect local habits which may vary from one Member State to
another for very similar products . Moreover , all spirits are directly
competitive with one another and it would not seem logical to separate
them arbitrarily into two categories . ■
Here again , the Commission has proposed that 75 centilitres should be
the nominal volume finally adopted although products put up in 70 centilitres
should nevertheless , have the benefit of a long transitional period in order
that producers should not be taken unawares by the sudden disappearance of
a popularly employed quantity .
The evidence is that this option corresponds to the general trend in
international trade and that any other decision would have engendered
serious difficulties for European producers of products put up in 70
centilitres , who would have found themselves at variance with the rest
of the world .
 Finally , almost all the government experts regretted the Council decision
taken in 1974 during the closing stages of the work on this proposal ,
to permit mineral waters and non-alcoholic beverages to be put up in values
below 20 or 25 centilitres . In their opinion , this proliferation of quantities
 is contrary to consumer interests and it would be illogical to argue in favour
of their retention at European level , at the risk of eopardizing one of the
main aims of this directive .
 ---pagebreak--- In the opinion of tnsss experts and of the Commission ,, -if a Member State
wished to maintain these values on its territory , for reasons of national
interest or because of consumer preferences , the optional nature of the
directive would enable it so to do . As' in the preceding cases , however ,
a period of transition would have to be arranged in order to enable stocks
of bottles -to be disposed of and to cover depreciation of the bottle
filling plant .
Thus generally speaking ,, the directive does not alter the principles
adopted by the Council in 1974 ss regards packing ( The " average 1 '
principle , tolerable negative error ) and checking ( statistical checking )
as described in Annexes I and II to Directive 7S / 1C6 / EEC but rather
reduces the number of nominal volumes which snsy not be refused within
trie Coiftxun "! t y »
As in the case of the preceding directive ,- the Cof.-ivpssioa sought the
of the most authoritative scurcss when preparirig the neu legi station , it
consulted most of the industries concerned through the European trade
associations , committees or groups . The Commission departments responsible
for consumer protection were closely associated with fhe work , as were
the various bodies' which ; represeot consumer interests .
In view of the importance of the products concerned , the number of
prepackages covered by the directive , amounting to several thousand
millions of bottles , the customs and practices of producers , traders and
consumers , it is clear that this directive did not secure the unanimous
agreement of the parties concerned .
However , a large majority agreed in principle on each of the items
proposedi This is because the Commission while retaining the optional
 character in this proposal for .a directive , felt it necessary to extend
 the transitional, period allowed for in Directive 75 / 106 / EEC by a further
 period to end in 1982 .
 ---pagebreak---   These transitional periods cover both the prepackages already listed in
  column II of Annex III to the Council Directive of 1974 and those which ,
  since they are too close to other nominal volumes , should be abolished
 by 1982 , this date being extended to 1988 in some special cases .
 In this way, the essential aims of this directive - wi 11 have been achieved .
 without any major upheavals being caused in the industries concerned .
 While aware of      what is being demanded of them, the Commission feels
.that this directive should afford knowledge of the market which will, benefit
 both producers and consumers .
 The reduction in nominal volumes as required by the Counci I ,, should help
 to reduce production costs' and should facilitate the consumers' choice of
 products offered on the market .
                                  **************
 ---pagebreak---                            PROPOSAL FOR A COUNCIL' DIRECTIVE
                                      s                                -
                             amending Directive 75 / 106 / EEC
             on the approximation of the Laws of the Member States
     relating to the MAKING-UP BY VOLUME OF CERTAIN PREPACKAGED LIQUIDS
                    ( presented by the Commission to the Council )
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 ,
                                                               1
Having regard to the opinion of the European Parliament ,
                                                                     2
Having regard to the opinion of the Economic and Social Committee ,
Whereas the field of application of 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
productQ^is different from that of 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 ; (4 )
Whereas , therefore , the field of application of the two Directives should
be aligned as regards the volumes of the prepackages to which they
relate ;
      *
 * 0J N° ' C
24 0J N° C
3, OJ N® L 46 , 21.2.1976 , p. 1 .
4 . OJ       L 42 , 15.2.1975 , p.l .
 ---pagebreak--- Whereas at the time of the adoption of Directive 75 / 106 / EEC on the making-up
by volume of certain prepackaged Liquids the Council , with a view to providing
better protection for the consumer , requested the Commission to present before
31 December 1980 a new proposal reducing the list of nominal volumes in
Annex III by eliminating values that were too close to one another ;
 Whereas Council Directive 71 / 354 / EEC of 18 October 1971 relating to the
 approximation of the laws of the Member States on units of measurement ( 5 ) has
 been amended    by Council Directive 76 / 770 / EEC of 27 July 1976 ( 6 );
 Whereas pursuant to Article 7 ( 2 ) of the Council Directive of 19 December 1974
 Belgium , Ireland , the Netherlands and the United Kingdom have five years
 in which to implement that Directive and whereas this Directive should
 therefore take account of that time-factor ;
  Whereas certain Member States will find it difficult to reduce the number
  of nominal volumes ; whereas , therefore , provision should be made for a
  transitional period for these Member States which does not , however , impede
  intra-Community trade in the . products in question or j eopardi ze implementation
  of this Directive in the other Member States ,
  HAS ADOPTED THIS DIRECTIVE :
                                          Article 1
   Article 1 of Directive 75 / 106 / EEC is replaced by the following text :
   " Article 1
      This Directive relates to prepackages containing the liquid products
      listed' in Annex III measured by volume for the purpose of sale in individual
      quantities of between 0.05 litre and 10 litres inclusive . "
      (5) OJ No. (see p# j )
      ( 6) OJ N°
 ---pagebreak---                                           Article 2
 Annex III to Directive 75 / 106 / EEC is replaced by the Annex to
this Directive .
                                          Article 3
 1.       Article 4 ( 3 ) of Directive 75 / 106 / EEC is replaced by the following
     text   :
     " 3 . Until the expiry of the periods laid down in Council Directive
           71 / 354 / EEC of 18 October 1971 on the approximation of the laws of
                                                                   1
           the Member. States relating to units of measurement ., as last amended
           by Council Directive 76 /770/ EEC of 27 July 19762, the indication of
           the nominal volume expressed in SI units of measurement in accordance
           with subsection 3.1 . of Annex I to this Directive shall , if the
           United Kingdom or Ireland so desire , and on their national territories
           be accompanied by an indication of the nominal , volume expressed .
           in the equivalent imperial units of measurement , if they are given
           in Annex I to this Directive . "
2 . The'"second paragraph of subsection 3.1 . of Annex I to Directive 75 / 106 / EEC
       is        replaced by the following text :
     "     Until the expiry of the periods laid down in Council Directive
           71 / 354 / EEC of 18 October 1971 , as last amended by Council Directive
           76 / 770 / EEC of 27 July 1976 , the indication of the nominal volume
           of the contents expressed in SI units in accordance with the
           preceding paragraph may be accompanied by that of the equivalent
           value in imperial ( UK ) units of measurement , calculated on the
           basis of the fol lowing , conversion factors :
                                  one mi lli litre = 0.0352 fluid ounces
                                  one litre        = 1.760 pints or 0.220 gallons . "
   0J N° L 243 , 29.10.1971,' p 29
2 0J N° L 262, 27.09.1976, p 204
 ---pagebreak---                                            Article 4
Article 5 of Directive 75 / 106/ EEC is replaced by the following text :
 ' Article 5
   1 . Member • States may not refuse , prohibit or restrict the placing on the
       market of prepackages which satisfy the requirements and tests laid
       down in this Directive for reasons concerning the volume of the contents ,
       the determination of such volume or the methods by which it has
       been checked .
   2 . However :
       a ) with respect to prepackages with the nominal volumes listed in
             Anne x : III , column II , the first paragraph of this Article shall
             apply only to those countries which allowed such prepackages on
             31 December 1973 and only until 31 December 19^0 , with the exception
             of the 'volumes specified          in Section 8 ( a ), for which this period
                      is extended until 31 December 1988 .
       b ) for prepackages with the nominal volumes listed in Annex III ,
             column III , the first paragraph of this Article shall apply only
             to those countries which allowed such prepackages on 31 December 1973 and-
          only' until 31 December 1982 , with the exception of the volumes specified in
             Section 8 < a ), for until this period is extended until 31 December 1988 .
       c ) with respect to the liquids specified in Sections 1 ( a ), 1 ( b ) and
             4 of Annex III ,         paragraph 1 of this Article shall apply only
             when such liquids are presented in packages having one of the
             nominal volumes listed ih the corresponding columns of that Annex '
           , and complying with the ;rules or trade practices of the Member
         ' State of origin of the liquid , regardless of whether filling took
             place in the Member State of origin or in another State . "
 ---pagebreak---                                       Article 5
1 . Member States shall adopt and publish before 1 January 1981 the laws ,
      regulations and administrative provisions needed to comply with this Directive and
     these shall enter into force on 1 January 1981 .
2 . However , if Belgium , Ireland , the Netherlands or the United Kingdom
      implement the provisions of Council Directive 7.5 / 106 / EEC of 19 December 1974
      after the date fixed in the preceding paragraph , the provisions of this
   ■ Directive shall take effect at the same time as those provisions .
3 . Following notification of this Directive , Member States shall ensure that
      the Commission -is informed, in good time for it to present its
      comments , of any laws , regulations or administrative provisions that they
      propose to adopt in the field covered by the Directive .
                                       Article 6
 This Directive is addressed to the Member States .
                                       *********
 ---pagebreak---                                            ANNEX
                                            Nominal volume of contents in litres
               Liquids                   I                      II                III
                                   definitively *        teaporari ly      temporari ly
                                     allowed                allowed           allowed
 1 . a ) Wine of fresh          0.10 .    - 0.25       0.20    -  0.36   0.35    - 0.70
           grapes ; grape must  0.375 - 0.50-          0.475   -  0.60
           with fermentation    0.75      - 1          0.68    -  0.72
           arrested by the       1.5      - 2          0.95    -  1.75
           addition of           5                     1.88
           alcohol ( CCT
           subheading
           22.05 C ) except
            for liqueur wines
                              j
      b ). Other fermented      0.10      - 0.25       0.20    - 0.33    0.35    - 0.70
           non-spark ling '     0.375     - 0.50       0.36    - 0.72
            beverages ( for     0.75      - 1
            example ,            1.5      - 2
                                                    I
            cider , perry and    5
            mead ) ( CCT
            subheading "                 é
            22.07 B II )
      c ) Vermouths and '       0.05      - 0.10       Ό.20    - 0.35
            other flavoured     0.375 - 0.50           0.36    - 0.68
            wipes of fresh      0.75 - 1 •             0.70    - 0.72
                                                                       I
            grapes ( CCT         1.5
            heading
           n° 22.06 );
            liqueur wines
            ( CCT subheading
            22.05 C ) .
2 . a ) - Sparkling wines        0.10 - 0.20           0.57    - 0.77    0.125
          ( CCT subheading       0.375 - 0.75
          22.05 A )              1.5      - 3
          - Other wines
          bottled under
          pressure ( CCT
          subheading
          22.05 B )
    b ) Other fermented         0.10     - 0.20        0.57   - 0.77     0.125
          spark ling            Ό.375 - 0.75
         beverages ( for        1        - 1.5
         examp le ,             3
          cider , p £rry and
         mead ) ( CCT                                ι
         subheading
         22.07 B 1 )
 ---pagebreak---                                                                                        Annex ~ page 2
                                                                                  V
                                               Ncmï na L volume of contents in Litres
i                Liquids         I           ï                              II
                                     definitively .                  temporan ly                 temporari ly    !
                              _l       a I lowed
                                                                       allowed           j            allowed
      3„ Beer made from malt j     0.25 - 0.33 -                  0.18 ( in cans
          ( CCT heading          I 0.50 - 0.75 -                  only ) - 0.20 «
          N° 22.03 )               1 - 2 - 3 -                    0.30 ' - G. 35
                                   4-5                            ( in cans only )
                                                                  0.45     - 0.66    -
                                                                  3.8
          - acid beers .           0.375
              gueuze
      4 , Spirituous               0.05     - 0.10 -              0.25     - 0.36    -         0.35 - 0.70 1
          beverages ( CCT        I 0.20     - 0.375 -             0.60     - 0.72
          subheading             I 0.50     - 0.75 -
          22.09 C )                1        - 1.5 , -
                                   2        - 2.5       -   !
                                                                                                                 5
                                   3
                                                                                                              " J
J 5. Vinegar and              *. I 0.25     - 0.50      - ■       0.35 - 0.70 - 1
          substitutes for          0.75     - 1                   1.5       - 2.5
          vinegar ( CCT          | 2        - 5
 I heading N° 22.10)
      6.  Edible oi Is ( CCT       0.10      - Q.25     -         0.375 - 0.625 -
           subheadings             0=50      - 1                  0.75       - 1.5    -
  j        1 5.07 A and            2         - 3                  2.5
           15.07 D II )            5
                                                              ι
                                                                                           •χ– – – ––   ––
   î 7 . Mi Ik and mi Ik-           0.10     -  0.25     -        0.22        - 0.33  -      I 0.20
           based beverages          0.50     -  0.75     »        O.oO
                                                                                             i
           sold by volume           1        -  2                                            !
            ( CCT heading           3        -  4
           n° 04.01
    \       excluding yoghurt
   •1       and képhir , CCT          \
            subheading                  \
            22.02 B )                                           I
                                                                !
                                                              , f       - , -  M,
 ---pagebreak---                                                                                  Annex - page 3
                                              Nominal volume of contents in litres
             Liquids                            I                                           III
                                       definitively              temporari ly         temporarily  I
                                         a I lowed .                al lowed             allowed
  8 . a ) Waters , inclu-          0.125   "      0.25 -       0.35 - 0.45     -     all volumes
          ding spa waters          0.33    "      0.50 -       0.47 - 0.90     -     below         I
          and aerated              0.75    -      1            0.94 .                0.20 - 0.20 -
          waters ( CCT             1.5     "      2                                  0.70
          heading n° . 22.01 )
      b ) Lemonade , fla-          0.125 "        0.25 ~       0.35   - 0.45 " -     all volumes
          voured spa               0.33    "      0.50 "       0.47   - 0.60   -     below 0.20 -
          waters and               0.75    "      1            0.90   - 0.94         0.20 ~ 0.70
          f lavoured               1.5     "      2
          aerated waters    ■     3        -      4
          and other non-           5
          a Icoholi c
          beverages
          contamina
          neither mi Ik nor
          mi Ikfats ,
          excluding fruit
          and vegetable                                  Ί
          juices ( CCT
          subheading
          22.02 A )              !          " *
  9 . Non-concentrated             0.125   -    0.25   -       0.18   - 0.35   -     all volumes
      fruit juices and             0.33    -    0.50   r     ( in cans only)      j  below 0.125 -
      vegetable juices .           0.75    -    1                                 i  0.20 - 0.70
                                                           I                      ]
      whether or not               1.5     -    2          I                      I
      containing added             3       -    4
      sugar , but unfer-           5
      mented and not                                                              ι
                                                                                  ι
                                                                                   ι
!     contaimng spirit
                               !
      ( CCT subheading         i
      n° 20.07 )
                                         ι