Directive 1976/211 - Approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1976/211
Original proposal	COM(1973)1731
CELEX number i	31976L0211

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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 products

Official Journal L 046 , 21/02/1976 P. 0001 - 0011

Finnish special edition: Chapter 15 Volume 2 P. 0031

Greek special edition: Chapter 13 Volume 3 P. 0195

Swedish special edition: Chapter 15 Volume 2 P. 0031

Spanish special edition: Chapter 13 Volume 4 P. 0244

Portuguese special edition Chapter 13 Volume 4 P. 0244

COUNCIL DIRECTIVE 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 products (76/211/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 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;

Whereas, in order to enable consumers to be correctly informed, the method of marking on the prepackage the nominal weight or volume of the product contained in the prepackage, should be presented;

Whereas it is also necessary to specify the tolerable negative 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 to the provisions laid down;

Whereas Article 16 of Council Directive 71/316/EEC 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 (3), as last amended by the Act of Accession (4), provides that the harmonization of the requirements for marketing certain products, in particular as regards the measurement and marking of prepacked quantities, may be covered by separate Directives;

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, (1)OJ No C 48, 25.4.1974, p. 21. (2)OJ No C 109, 19.9.1974, p. 16. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 73, 27.3.1972, p. 14.

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive relates to prepackages containing products with the exception of those referred to in the 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 (1), and intended for sale in constant unit nominal quantities which are: - equal to values predetermined by the packer,

• - 

  expressed in units of weight or volume,

• - 

  not less than 5 g or 5 ml and not more than 10 kg or 10 l.

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 the package either being opened or undergoing a...

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