Directive 1975/106 - Approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids - Main contents

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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

Official Journal L 042 , 15/02/1975 P. 0001 - 0013

Finnish special edition: Chapter 15 Volume 1 P. 0201

Greek special edition: Chapter 13 Volume 3 P. 0032

Swedish special edition: Chapter 15 Volume 1 P. 0201

Spanish special edition: Chapter 13 Volume 4 P. 0054

Portuguese special edition Chapter 13 Volume 4 P. 0054

COUNCIL DIRECTIVE 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 (75/106/EEC)

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 (1);

Having regard to the Opinion of the Economic and Social Committee (2);

Whereas in most of the Member States the conditions of presentation for sale of liquids 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;

Whereas in order to enable consumers to be correctly informed, the method of marking on the prepackage the nominal volume of the liquid contained in the prepackage should be prescribed;

Whereas it is also necessary to specify the maximum permissible errors in the contents of prepackages and whereas a reference method for such control should be defined in order to provide a simple method of ensuring that prepackages conform with the provisions laid down;

Whereas it is necessary to reduce as far as possible the number of volumes of contents that are too close to others of the same product and which consequently are liable to mislead the consumer ; whereas, however, in view of the extremely high stocks of prepackages in the Community such a reduction can only be undertaken gradually;

Whereas Council Directive No 71/316/EEC (3) 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 metrological control, as last amended by the Act of Accession (4), provides, in Article 16, that the harmonization of the requirements for marketing certain products, in particular as regards the prescription, measurement and marking of prepacked quantities, may be covered by separate Directives; (1)OJ No C 56, 2.6.1972, p. 35. (2)OJ No C 123, 27.11.1972, p. 9. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 73, 27.3.1972, p. 14.

Whereas since too quick a change in the means of determining quantity laid down by their national legislation and the organization of new systems of control as well as the adoption of a new measurement system would present difficulties for certain Member States, a transitional period should be provided for these Member States ; whereas such provision should not, however, further inhibit intra-Community trade in the products concerned and should not prejudice implementation of the Directive in the other Member States,

HAS ADOPTED THIS DIRECTIVE:

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 five litres inclusive.

Article 2

• 1. 

  A prepackage within the meaning of this Directive is the combination of a product and the individual package in which it is prepacked.

• 2. 

  A product is prepacked when it is placed in a package of whatever nature, without the purchaser being present, and the quantity of product contained in the package has a predetermined value and cannot be altered without modifying the package.

Article 3

• 1. 

  The...

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