Annexes to COM(1973)1731 - - Main contents
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dossier | COM(1973)1731 - . |
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document | COM(1973)1731 ![]() |
date | January 20, 1976 |
1. OBJECTIVES
Prepackages covered by this Directive shall be made up in such a way that the completed packages satisfy the following requirements: 1.1. the actual contents shall not be less, on average, than the nominal quantity;
1.2. the proportion of prepackages having a negative error greater than the tolerable negative error laid down in 2.4 shall be sufficiently small for batches of prepackages to satisfy the requirements of the tests specified in Annex II;
1.3. no prepackage having a negative error greater than twice the tolerable negative error given in the table in 2.4 may bear the EEC sign provided for in 3.3.
2. DEFINITIONS AND BASIC PROVISIONS 2.1. The nominal quantity (nominal weight or nominal volume) of the contents of a prepackage is the weight or volume indicated on the prepackage, i.e. the quantity of product which the prepackage is deemed to contain.
2.2. The actual contents of the prepackage are the quantity (weight or volume) of product which it in fact contains. In all operations for checking quantities of products expressed in units of volume, the value employed for the actual contents shall be measured at or corrected to a temperature of 20 ºC, whatever the temperature at which packaging or checking is carried out. However, this rule shall not apply to deep frozen or frozen products, the quantity of which is expressed in units of volume.
2.3. The negative error of a prepackage is the quantity by which the actual contents of the prepackage are less than the nominal quantity.
2.4. The tolerable negative error in the contents of a prepackage is fixed in accordance with the table below, in which products are divided into two classes ("A" and "B"), as set out in 2.5 and 2.6 below, according to their physical characteristics and/or the packaging processes which they undergo and the values of the nominal quantities. >PIC FILE= "T0009091">
When using the table, the values of the tolerable negative errors shown as percentages in the table, calculated in units of weight or volume, shall be rounded up to the nearest one tenth of a gramme or millilitre.
2.5. The following products shall be considered as belonging to Class "A": (a) products which are solid or difficult to pour at the selling stage but which can be made sufficiently fluid in the course of packaging, and which do not contain any apparent solid or gaseous elements, and can be packaged in a single operation,
(b) products in powder form,
(c) products composed of pieces, fragments or grains, the unit weight of which does not exceed one third of the tolerable negative error corresponding to the nominal weight of the contents of the prepackage in the Class "A" column of the table in 2.4,
(d) paste products which are easily spread,
in so far as these products, once they are weighed or packaged, are not subject to further processing or are only subject to processing which does not alter the actual quantity of the contents.
2.6. All products which do not fall within the class described in 2.5 shall belong to Class "B". The following shall also be considered as belonging to Class "B": (a) liquid products,
(b) prepackaged products of a nominal weight or volume less than 25 g or 25 ml,
(c) products with rheological properties (e.g. fluidity or viscosity) or density when flowing which cannot be kept sufficiently constant by appropriate technical means.
3. INSCRIPTIONS AND MARKINGS
All 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, easily legible and visible on the prepackage in normal conditions of presentation: 3.1. the nominal quantity (nominal weight or nominal volume), expressed in kilogrammes, grammes, litres, centilitres or millilitres, and marked in figures at least 6 mm high if the nominal quantity exceeds 1 000 g or 100 cl ; 4 mm high if it is from 1 000 g or 100 cl inclusive down to but not including 200 g or 20 cl, and 3 mm 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 the name of the unit in accordance with Directive 71/354/EEC;
markings in imperial units (UK) shall be in letters and figures of dimensions not larger than those of the corresponding markings in SI units;
3.2. a mark or inscription enabling the competent departments to identify the packer or the person arranging for the packing to be done or the importer established in the Community;
3.3. a small "e", at least 3 mm high, placed in the same field of vision as the indication of the nominal weight or nominal volume, constituting a guarantee by the packer or the importer that the prepackage meets the requirements of this Directive.
This letter shall have the form shown in the drawing contained in section 3 of Annex II to Directive 71/316/EEC.
Article 12 of this latter Directive shall apply mutatis mutandis.
4. RESPONSIBILITY OF THE PACKER OR IMPORTER
The packer or importer shall be responsible for ensuring that prepackages meet the requirements of this Directive.
The quantity of product contained in a prepackage (or packing quantity), known as the "actual contents", shall be measured or checked by weight or volume on the responsibility of the packer and/or importer. The measurement or check shall be carried out by means of a legal measuring instrument suitable for effecting the necessary operations.
The check may be carried out by sampling.
Where the actual contents are not measured, the check carried out by the packer shall be so organized that the quantity of the contents is effectively ensured.
This condition is fulfilled if the packer carries out production checks in accordance with procedures recognized by the competent departments in the Member State and if he holds at the disposal of those departments the documents containing the results of such checks, in order to certify that these checks, together with any corrections and adjustments which they have shown to be necessary, have been properly and accurately carried out.
In the case of imports from non-EEC countries, the importer may instead of measuring and checking provide evidence that he is in possession of all the necessary guarantees enabling him to assume responsibility.
In the case of products in quantities expressed in units of volume, one of several methods of meeting the measuring and checking requirements is to use, when making up the prepackage, a measuring container of the type defined in the Directive relating thereto, filled under the conditions prescribed in that Directive and herein.
5. CHECKS TO BE CARRIED OUT BY THE COMPETENT DEPARTMENTS ON THE PREMISES OF THE PACKER OR IMPORTER
Checks to ensure that the prepackages comply with the requirements of this Directive shall be carried out by the competent departments of 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 statistical sampling check shall be carried out in accordance with the accepted methods of quality acceptance inspection. Its effectiveness shall be comparable to that of the reference method specified in Annex II.
6. OTHER CHECKS CARRIED OUT BY THE COMPETENT DEPARTMENTS
This Directive shall not preclude any checks which may be carried out by the competent departments of the Member States at any stage in the marketing process, in particular for the purpose of verifying that prepackages meet the requirements of the Directive.
Article 15 (2) of Directive 71/316/EEC shall apply mutatis mutandis.
ANNEX II
This Annex lays down the procedures of the reference method for statistical checking of batches of prepackages in order to meet the requirements of Article 3 of the Directive and of section 5, Annex I thereto.
This check is based upon ISO standard No 2859 relating to methods of testing by attributes, taking an acceptable quality level of 2 75 %. The sampling level corresponds to level II of that standard in respect of non-destructive tests and to level S 3 in respect of destructive tests. 1. REQUIREMENTS FOR MEASURING THE ACTUAL CONTENTS OF PREPACKAGES
The actual contents of prepackages may be measured directly by means of weighing instruments or volumetric instruments or, in the case of liquids, indirectly, by weighing the prepacked product and measuring its density.
Irrespective of the method used, the error made in measuring the actual contents of a prepackage shall not exceed one fifth of the tolerable negative error for the nominal quantity in the prepackage.
The procedure for measuring the actual contents of a prepackage may be the subject of domestic regulations in each Member State.
2. REQUIREMENTS FOR CHECKING BATCHES OF PREPACKAGES The checking of prepackages shall be carried out by sampling and shall be in two parts: - a check covering the actual contents of each prepackage in the sample,
- another check on the average of the actual contents of the prepackages 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, there are two sampling plans: - one for non-destructive testing, i.e., testing which does not involve opening the package,
- the other for destructive testing, i.e., testing which involves opening or destroying the package.
For economic and practical reasons, the latter test shall be limited to the absolutely essential minimum ; it is less effective than the non-destructive test.
Destructive testing shall therefore be used only when non-destructive testing is impracticable. As a general rule it shall not be applied to batches of fewer than 100 units. 2.1. Prepackage batches 2.1.1. The batch shall be made up of all the prepackages of the same type and the same production run which are to be inspected.
2.1.2. When prepackages are checked at the end of the packing line, the number in each batch shall be equal to the maximum hourly output of the packing line, without any restriction as to batch size.
In other cases the batch size shall be limited to 10 000.
2.1.3. For batches of fewer than 100 prepackages, the non-destructive test, where carried out, shall be 100 %.
2.1.4. Before the tests in 2.2 and 2.3 are carried out, a sufficient number of prepackages shall be drawn at random from the batch so that the check requiring the larger sample can be carried out.
For the other check, the necessary sample shall be drawn at random from the first sample and marked.
This marking operation shall be completed before the start of measuring operations.
2.2. Checking of the minimum acceptable contents of a prepackage 2.2.1. The minimum acceptable contents shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal quantity of the prepackage.
2.2.2. Prepackages in the batch whose actual contents are less than the minimum acceptable contents shall be considered defective.
2.2.3. For checks by sampling, one of the following sampling plans (single or double) shall be used, to be chosen by each Member State. 2.2.3.1. Single sampling plan
The number of prepackages checked shall be equal to the number in the sample, as indicated in the plan: - 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 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.
2.2.3.1.1. Non-destructive testing plan >PIC FILE= "T0009092">
2.2.3.1.2. Destructive testing plan >PIC FILE= "T0009093">
2.2.3.2. Double sampling plan
The first number of prepackages checked shall be equal to the number of units in the first sample, as indicated in the plan: - 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 check;
- if the number of defective units found in the first sample is equal to or greater than the first rejection criterion, the batch shall be rejected;
- if the number of defective units found in the first sample lies between the first acceptance criterion and the first rejection criterion, a second sample shall be checked, the number of units in which is indicated in the plan.
The defective units found in the first and second samples shall be added together and: - 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 the check;
- if the aggregate number of defective units is greater than or equal to the second rejection criterion, the batch shall be rejected.
2.2.3.2.1. Non-destructive testing plan >PIC FILE= "T0009094">
2.2.3.2.2. Destructive testing plan >PIC FILE= "T0009095">
2.3. Checking of the average actual contents of the individual prepackages making up a batch 2.3.1. A batch of prepackages shall be considered acceptable for the purpose of this check >PIC FILE= "T0009096">
In this formula:
Qn = the nominal quantity of the prepackage,
n = the number of prepackages in the sample for this check,
s = the estimated standard deviation of the actual contents of the batch,
>PIC FILE= "T9000930">
2.3.2. If xi is the measured value for the actual contents of the i-th item in the sample containing n items then: 2.3.2.1. the mean of the measured values for the sample is obtained by the following calculation: >PIC FILE= "T0009097">
2.3.2.2. and the estimated value of the standard deviation s by the following calculation: >PIC FILE= "T0009098">
2.3.3. Criteria for acceptance or rejection of the batch of prepackages for checking the mean: 2.3.3.1. Criteria for non-destructive testing >PIC FILE= "T0009099">
2.3.3.2. Criteria for destructive testing >PIC FILE= "T0009100">