Explanatory Memorandum to COM(1973)1731 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1973)1731 - . |
|---|---|
| source | COM(1973)1731  |
| date | 17-10-1973 |
Laus relating to prepackages currently in force in the Member States
BELGIUM
- Law on commercial practice, (14 July 1971)
- Royal Decree of 4 September 1972 on quantity specification.
- Decrees relating to: '
The marking of net weight or net quantity on preserved foods (Monopoltilsyneb, 4 April I96I); ■ '
Deep-frozen foodstuffs (Monop0Itilsynet, 15 November 1965)?
Prepackaged goods (21 September 1964, 10 March 1965, 21 March 1966, 17 November 1967):
- Decree amending the decree on preserved and semi-preserved fish
(Ministry of Fisheries, 1 September 1966). .
GEiaOTY ' . ■
- Lav; on metrology and the verification of weights and measures (Law on verification - Eichgesotz), 11 July 1969.
- Law on prepackaging (Fertigpackungsverordnung), 16 December 1971 •
FRANCE '
- 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 No. 72639 of 12 October 1972 implementing the Law of 1 August 1905 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 No. 45 — 2405 of 13 October 1945 on liquid volume measurement (Journal Officiel, 19 October, 1945)*
IRELAND
— Merchandise Marks (pre-packed goods). ITALY
- Royal" Decree of 23 August 1890, No. JOQd (with successive amendments)
Sole text of the laws governing weights and measures.
- Law of 30 April 1962, No. 283 ’
(with successive amendments)
Hygiene requirements in respect of the manufacture and sale of foodstuffs and "beverages. .
(An implementing regulation is currently being prepared). LUXEMBOURG . . ’
- Lav; of 17 Miy 1832 on weights and measures.
- Grand-Ducal Royal Decree of 30 May 1882 implementing 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 May 1382 on weights and measures.
NETHERLANDS
- 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 narking of butter (Rijksboternerkbeschikking),
1947. .
- Regulations deriving from Statutory Trade Organisation
(PBO Verordeningon) dealing mainly with the products referred to in this Directive.
UNITED KINGDOM ' .
■ ■ . f ■ ■ '
- Weights and Measures Act, 1963. ..
- Trade Descriptions Act, i960.
- Laws and regulations made on the basis of these two Acts.
PROPOSAL
FOR A COU1ICIL DIRECTIVE OR THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE IMJIING-UP BY WEIGHT OR BY VOLUME OF CERTAIN PRE-PACKAGED PRODUCTS
THE COmiCIL 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;
-2—
Whereas, in order "to enable consumers to he corroctly informed, the method of marking the nominal weight or volume of the product contained in the prepackage should ho 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 do™ 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 metrologioal 1
control provides that the harmonisation of the requirements for marketing certain products, in particular as regards the prescription, measurement and marking of pre-packed quantities, may also be covered by specific directives;
Whereas the Council Directive of 26 July 1971 states that the specific directives may specify, conditions permitting, the dato 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 lo L 202, 6 September 1971*
Article 1
This Directive shall apply to prepackages containing products listed in Aimer. Ill and intended for sale in constant unit nominal 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 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 io2h>
Article _3,
Prepackages made up in accordance with this Directive shall be narked with the weight or volume, referred to as tho 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 bo 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 bo marked in accordance'.with the commercial practice prevailing.in the country to •which they are consigned.
Until the expiry of the transitional period, during which the use of the Imperial units of measurement appearing in Annexe II to the Council Directive 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 sub-section 2.1., 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 ' O.O353 ounce (avoirdupois) 1 ml = 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 notification 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* v ‘
Article 7 . '. . .
This Directive is addressed to the Member States.
Done at Brussels, e.o.o**.•'••'•
For the Council The President *
Contents
1 -The quantity of product contained inn. prepackage (or quantity of filling),
known as the 'actual contents' shall he measured or checked (hy volume or hy weight) on the responsibility of the packer. The measurement or check shall he carried out hy means of a legal measuring instrument appropriate to the nature of the operations to he performed.
Ono 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 he performed hy sampling.
Where the actual contents are not measured, the check performed hy the packer shall he so organized that the value of the said contents is effectively ensured.
This condition is fulfilled if the packer carries out a production check in accordance with the procedures recognized hy 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 -All prepackages made up in accordance with this Directive shall hear on
the package the following markings affixed in such a manner as to he 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 cun 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 hy'the symbol for the •unit of measurement used or, where appropriate, hy its name, in accordance with the provisions of the Council Directive of 13 October 1971 relating to units of measurement.
Markings in Imperial (UM) units shall he 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.
• •/• •
2.3“ A snail 'e', at least 3 mm high, placed in the sane 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 shill 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 nutatis 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 end 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 iso the nearest one-tenth of a gram or millilitre. •• ;■ . . \• •
| Nominal quantity Qn JLn grams or millilitres | Maximum permitted errors in deficiency | |||
| Class 'A' | Class 'B' | |||
| as a % of Qn | ] g or ml | as a % . of | g or ml | |
| 3-5-25 | — ■ ■ | A 9 | ||
| 25 “50 | 4-5 - | - | 9 | mm |
| 50 - loo . | - - | 2.25 , | 4.5 | |
| 100 - 200 , . | 2.25 | ' | 4.5 | ■ . - . |
| 200 - 300 | 4.5 | 9 | ||
| 300 - 500 . | 1.5 ‘ | ■ - . | 3 | |
| 500 - IOOO | - | 7.5. | •: 15 | |
| 1000 - 10 ooo • | 0.75 | - | 1.5 | ~ |
- 5~ • • ■ •
3.3- The following products shall he 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 he 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 shdll 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.
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 be 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. Terminology. . . -
The terminology of the statistical vocabulary used in this Annex is tnat of the vooabalaiy 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
in the sample. ' ’
A batch of prepackages shall be considered acceptable if the. results of both these checks satisfy the acceptance criteria.
For each of these checks, provision is made for the use of two sampling schedules: ' - " ' / 1 :: ' ■ : • • ••
- one for non-destructive testing; • - ....... • . . . . ■ ■ ■■ , ,
- the other for destructive testing. ’ ; ‘v ' ;-
The latter method shall he limited to the absolutely essential • :
minimum. ; , . . .. ■ .. .. •: 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 line, without any restriction as to the number of prepackages in batch.
4.1.3. For batches in which the number of prepackages.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 sampling. •
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 metrological examination of the samples is begun (except for the second sample where a double sampling scheme is used).
4.3 - 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
x = ? of the actual contents of the n prepackages
n ' . ' '
in the sample is greater than the value:
= 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,
t^-^= quantile of the order of 0.995 of the Student variable at (n — l) degrees of freedom •
( y - n - 1).
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
| -Humber in batch - | • Humber in ■" - : sample | ..... Criteria ' ......... | |
| Acceptance | Rejection | ||
| 100-500 (incl.) | ; 30 | “^Qn - 0.503s | J <^Qn - 0.503s |
| . > 500 | : 50 | ; ^>Qn- 0.375s | “ < On ” 0.379s |
| Humber in batch | Humber in sample | Criteria | |
| Acceptance | Rejection | ||
| 500 | 8 . | x>\ - | ; - 1.237s |
| 501 -1200 | 13 | - 0.847s | x ~ 0?347s |
| > . 1200 | 20 | ~ °*640s | x “ °*64°s |
4A4 - 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 used, 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: 1
- 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 in batch | Humber in sample | Humber of defective units | |
| Acceptance : criterion | Rejection criterion ' | ||
| 100 - 150. ^ | 2o - | 1 | 2 |
| 151 -.280 , | ; 32. ;7 | 2 .......; ‘: | ;........3-.........; |
| 281 - 500 | { 50 ‘ | •: 3 ' | 4 _ |
| - 501 - 1200 v | . 80 . . | ; 5 • | 6 ; |
| 1201 - 3200 | 125 ' | = 7 | 8 < ■ |
| 3201 and over | • goo™' - - ~ | ■ • 10........-. | ......11 .. . ..... |
| Humber | in batch | Number in sample | Number of defective units | |
| Acceptance criterion | Rejection criterion | |||
| 500 | 8 | 0 | 1 | |
| 501 | - . 3200 | 13 | : 1 . | 2 |
| > | 3200 | 20 | 1 ; | 2 |
4.4.2. Double-sampling schedule for nort-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 number 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.
| ■ Number in batcE " ' | • Samplos . | Number of defective units | |||
| Order | Number | Aggregate - number | Acceptance criterion | Rejection criterion | |
| 100-150 | 1st | 13 | 13 | ol | 2 |
| 2nd | 13 | 2(5 | H | 2 | |
| 151-280 | 1st | 20 | 20 | 0 | 3 |
| 2nd | 20 | 40 | 3, | , 4 | |
| 231-500 | 1st | 32 | 32 | “ 1 ' ■ | " 4 * • ' • |
| 2nd | 32 | 64 | . 4 | 5 | |
| 501-1200 | 1st | 50 | 50 ■ | ■ 2 | 5 |
| 2nd . | 5° | 100, | 6 | 7 | |
| 1,201-3,200 | 1st | 30 | 80 | 3 | ■ 7 |
| 2nd | 30 | 150 | 8 | 9 | |
| 3,201 and over | 1st | 125 | 125 | . 5 | 9 |
| 2nd | !25 | 250 | 12 | 13 |
Product groups covered “by the Directive
1. Foodstuffs (without reference to the CCT), other than liquids covered hy the Directive on the making~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 B
4* Wax polishes; waxes; metal polishes .....................CCT 34*05
5. Horticultural fertilizers .......... .CCT 31.05 B
6. Glues and adhesives............... .CCT 35*06
7. Herbicides; pesticides................ CCT 33.11
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