Packaging [EU]
À 2007 directive provides the deregulation of pack size at both EU and national levels. The purpose is to give greater flexibility to consumer product industries. It covers foodstuffs and also other packaged products.
Provisions prescribing mandatory nominal quantities for pre-packaged goods are prohibited. States in which mandatory nominal quantities are prescribed for butter, milk, dried pasture and coffee were entitled to retain the restrictions until 2013. In the case of wines and spirits the directive contains the range of nominal quantities of contents of pre-packages.
The directive repeals previous directives on the approximation of laws relating to the making up of volume by certain prepackaged liquids and the directive and on the approximation of laws relating to ranges of nominal quantities and nominal capacities committed on certain prepackaged regulations.
The directive reverses the approach followed since 1970. The new approach is based on advances in consumer information, unit pricing on products and the legislation on misleading advertising. The liberalisation of packages is designed to encourage the free movement of goods in the internal market by removing potential barriers to competitiveness stimulating innovation and access to markets.
Prepacked products
Prepackages (or packages prepared in advance) and their contents must indicate in the labelling the weight or volume they contain using a harmonised format, taking account of specific metrological conditions. If the prepacked product is certified as complying with the relevant regulations, its labelling may also bear the EC sign.
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 [See amending acts].
Summary
The labelling of prepackages * and prepacked products * must contain various information relevant to the consumer, such as how the producer or the packager indicates the weight or the volume contained (taking into account the maximum permitted measurement errors).
Prepacked products are sold individually at a constant weight or volume chosen in advance by the filler. The weight or volume must be at least 5 grams or 5 millilitres for the smallest packages and no more than 10 kilograms or 10 litres for the largest packages.
Scope
The Directive applies to all types of prepacked consumer products except certain prepacked liquids, which are regulated by Directive 75/106/EEC. Following the deregulation of packaging sizes, this exception will no longer apply as from 11 April 2009.
Use of the EC sign
Prepacked products may bear the EC sign if they comply with the requirements set out in the Directive with regard to quality and metrological control (Annex I, section 5 and Annex II).
Indication of weight or volume
For the prepackage to be able to bear the EC sign, the labelling must indicate the volume in the case of liquid products and the weight in the case of other products.
The label of the prepacked product must also bear the weight and volume indications used in trade practice or comply with the national regulations of the destination country if such indications vary in the Member States.
The Member States may neither prohibit nor restrict the placing on the market of packaging with the EC sign if the packaging complies with the Directive’s requirements with regard to the indication of the volume or mass and the metrological methods used.
| Key terms used in the act |
| ·        Prepackage: a prepackage is the combination of a product and the individual package in which it is prepacked.
·        Prepacked product: 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 perceptible modification. |
References
| Act | Entry into force – Date of expiry | Deadline for transposition in the Member States | Official Journal |
| Directive 76/211/EEC | 23.1.1976 | 22.7.1977 | OJ L 46 of 21.2.1976 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Directive 78/891/EEC | 29.9.1978 | 1.1.1980 | OJ L 311 of 4.11.1978 |
| Directive 2007/45/EC | 11.10.2007 | 11.10.2008 | OJ L 247 of 21.9.2007 |
Commission Directive 78/891/EEC of 28 September 1978 adapting to technical progress the Annexes to Council Directives 75/106/EEC and 76/211/EEC on prepackaging [Official Journal L 311 of 4.11.1978].
Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organismsand the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC [Official Journal L 268 of 18.10.2003].
Commission Regulation (EC) No 48/2003 of 10 January 2003 laying down the rules applicable to mixes of different types of fresh fruit and vegetables in the same sales package [Official Journal L 7 of 11.1.2003].
Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling and presentation of foodand advertising [Official Journal L 109 of 6.5.2000].
Prepacked products
Prepackages (or packages prepared in advance) and their contents must indicate in the labelling the weight or volume they contain using a harmonised format, taking account of specific metrological conditions. If the prepacked product is certified as complying with the relevant regulations, its labelling may also bear the EC sign.
ACT
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
The labelling of prepackages * and prepacked products * must contain various information relevant to the consumer, such as how the producer or the packager indicates the weight or the volume contained (taking into account the maximum permitted measurement errors).
Prepacked products are sold individually at a constant weight or volume chosen in advance by the filler. The weight or volume must be at least 5 grams or 5 millilitres for the smallest packages and no more than 10 kilograms or 10 litres for the largest packages.
Scope
The Directive applies to all types of prepacked consumer products except certain prepacked liquids, which are regulated by Directive 75/106/EEC. Following the deregulation of packaging sizes, this exception will no longer apply as from 11 April 2009.
Use of the EC sign
Prepacked products may bear the EC sign if they comply with the requirements set out in the Directive with regard to quality and metrological control (Annex I, section 5 and Annex II).
Indication of weight or volume
For the prepackage to be able to bear the EC sign, the labelling must indicate the volume in the case of liquid products and the weight in the case of other products.
The label of the prepacked product must also bear the weight and volume indications used in trade practice or comply with the national regulations of the destination country if such indications vary in the Member States.
The Member States may neither prohibit nor restrict the placing on the market of packaging with the EC sign if the packaging complies with the Directive’s requirements with regard to the indication of the volume or mass and the metrological methods used.
| Key terms used in the act |
| ·        Prepackage: a prepackage is the combination of a product and the individual package in which it is prepacked.
·        Prepacked product: 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 perceptible modification. |
References
| Act | Entry into force – Date of expiry | Deadline for transposition in the Member States | Official Journal |
| Directive 76/211/EEC | 23.1.1976 | 22.7.1977 | OJ L 46 of 21.2.1976 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Directive 78/891/EEC | 29.9.1978 | 1.1.1980 | OJ L 311 of 4.11.1978 |
| Directive 2007/45/EC | 11.10.2007 | 11.10.2008 | OJ L 247 of 21.9.2007 |
RELATED ACTS
Commission Directive 78/891/EEC of 28 September 1978 adapting to technical progress the Annexes to Council Directives 75/106/EEC and 76/211/EEC on prepackaging [Official Journal L 311 of 4.11.1978].
Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organismsand the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC [Official Journal L 268 of 18.10.2003].
Commission Regulation (EC) No 48/2003 of 10 January 2003 laying down the rules applicable to mixes of different types of fresh fruit and vegetables in the same sales package [Official Journal L 7 of 11.1.2003].
Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling and presentation of foodand advertising [Official Journal L 109 of 6.5.2000].