Pre-packaging - Pack sizes

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Adaptation of EU law on Pack Size

Directive 2007/45/EC has been adopted by the European Parliament and the Council.

Its provisions will apply from 11 April 2009. Until then current provisions remain in force.

From that date only EU sizes will apply for wine and spirits and national sizes will need to be abolished for all products, except for a limited number of sectors where existing national sizes may be continue to be required for production from domestic producers, if the Member State involved had notified the Commission services (milk, butter, dried pasta and coffee until 11 October 2012 and white sugar until 11 October 2013).
It amends the scope of Directive 76/211/EEC to include metrological requirements for pre-packed liquids (currently in Directive 75/106/EEC).

  • Directive 2007/45/EC pdf of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC.
  • Information sheet summarizing this legislation in all official languages - SCADPlus Website

History of the proposal

Consumer products such as detergents, pet food, ice cream, frozen food, low alcoholic drinks, soft drinks, cleaning products, paints, shampoo, toothpaste…etc are sold in quantities that have been determined by national or by Community law. This regulation dates from the 70s, when rules on quantities in which products could be sold were thought to protect consumers and to be necessary if products were to be sold throughout the EU.

However, since then, the legal framework for consumer protection has significantly developed:

And, today, it gives a better protection than rules on quantities. Furthermore, over the last decades demography has changed significantly: consumer tastes are more diverse, families are becoming smaller and more citizens live as singles. Finally, new products are placed on the market that do not fit with traditional product categories, until now subject to regulation: mixtures of soft and alcoholic drinks, concentrated washing tablets, sweeteners sold in capsules, mixtures of yoghurt, fruit and cheese, etc.

For these reasons, and following an extended impact assessment (SEC(2004)1298) pdf - 258 KB [258 KB] , the Commission has presented a proposal (COM(2004)708 of 25 October 2004) to abolish national and Community rules that determine sizes in which consumer products can be sold, with the exception of the wine, spirits, soluble coffee and white sugar sectors where a specific impact assessment (Report "Pack sizes in the EU" pdf - 1007 KB [1007 KB] ) indicated that there was reason to maintain sizes most sold to consumers as mandatory.

Proposal COM(2004)708 of 25 October 2004 on PreLex

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on nominal quantities for pre-packed products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC

Extended impact assessment SEC(2004)1298 pdf - 258 KB [258 KB]

Commission Staff Working Document

Specific impacts assessment for sectors requesting fixed sizes: "Pack sizes in the EU" pdf - 1007 KB [1007 KB]

Report on the extended impact assessment of sectors asking for fixed sizes

Metrological requirements: Commission wishes to improve guidance

From 24 January to 15 March 2005, the Directorate-General for Enterprise and Industry held a public consultation on packaging via internet with consumers, producers, retailers and authorities. Stakeholders were asked to give their views on alternatives for the existing Community legislation on labelling of quantities and the metrological requirements for pre-packages on the basis of a Commission staff working paper setting out the key issues.

Close to 500 comments and views were received from authorities, trade federations, consumer organisations and individual consumers and companies. The results were examined with public authorities in a meeting on 19/20 May 2005 of Working Group 6 of WELMEC, the Western European Legal Metrology Cooperation.

In the report based on the consultation, Commission services suggest that regulatory changes at Community level are not needed and that most issues identified can be dealt with by voluntary documents and guidance.

The Commission services will proceed with stakeholders to inventory and analyse issues and to develop further guidance.

On-line consultation (November 2002 - February 2003)

Between 8 November 2002 and 31 January 2003, the Enterprise Directorate-General held a public Internet consultation in 11 languages with consumers, producers and retailers, following the Commission's new minimum consultation standards. The parties were asked to give their views on maintaining existing pre-packaging legislation on fixed sizes or allowing free pack sizes.

A Commission staff working paper setting out the key issues served as the main background paper:

Large publicity was given to the launch of the consultation and an estimated 5000 hits were recorded during its 10 week duration. The consultation included an inter-active online discussion forum, which received 85 contributions, mostly from producers, and an on-line survey with over 500 completed questionnaires, mostly from consumers. The public consultation was not aimed to be representative, but rather to collect new ideas and arguments. The survey consisted of questions formulated by the Commission services, while the forum allowed respondents to contribute as they liked.

Background documents

Pack Sizes in the EU", Enterprise DG working paper, July 2002:

Views of consumers on pack sizes:

Others documents:

Legislation

For liquids:

  • Directive 75/106/EEC: 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 (OJ L 042 of 15.02.1975).

For non liquids:

  • Directive 80/232/EEC : Council Directive 80/232/EEC of 15 January 1980 on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products (OJ L 051of 25.02.1980).
Last update: 22/09/2009 | Top