Article 1This Directive relates to prepackages containing the liquid products listed in Annex III measured by volume for the purpose of sale in individual quantities of between 5 ml and 10 litres inclusive.This Directive shall not apply to prepackages containing the products listed in Annex III:point 1 (a), which are vatted, bottled and labelled in volumes not exceeding 0,25 litre and are intended for professional use,points 2 (a) and 4, which are intended either for consumption on board aircraft, ships and trains or for sale in duty-free shops.

Article 21.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 perceptible modification.

Article 31.The prepackages which may be marked with the EEC mark referred to in Section 3.3 of Annex I are those which comply with Annex I.2.They shall be subject to metrological control under the conditions defined in Annex I, Section 5, and in Annex II.

Article 41.All prepackages referred to in Article 3 must, in accordance with Annex I, bear an indication of the volume of liquid, called the "nominal volume of the contents", which they are required to contain.2.Until the expiry of the periods laid down in Council Directive 71/354/EEC of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurementOJ No L 243, 29. 10. 1971, p. 29., as last amended by Directive 76/770/EECOJ No L 262, 27. 9. 1976, p. 204., the indication of the nominal volume of the contents expressed in SI units of measurement in accordance with Section 3.1 of Annex I to this Directive shall, if the United Kingdom or Ireland so desire and on their national territories, be accompanied by an indication of the nominal volume expressed in the equivalent imperial units of measurement, if they are given in Annex I to this Directive.

Article 51.Member States may not refuse, prohibit or restrict the placing on the market of prepackages which satisfy the requirements of this Directive on grounds related to the determination of their volumes, the methods by which they have been checked or the nominal volumes where these are set out in Annex III, column I.2.Member States which on 31 December 1973 allowed the nominal volumes listed in Annex III, column II, shall continue to allow them up to 31 December 1988, or in the case of the volume 0,73 litre up to 31 December 1985 and in the case of the volumes of 0,375 litre and 0,75 litre for the products listed in 4, up to 31 December 1991.3.(b)Prepackages containing the products listed in Annex III, 1 (a) and (b), may be marketed after 31 December 1988 only if they have the nominal volumes set out in column I of the said Annex.Packages containing the products listed in Annex III 2 (a) may be marketed after 31 December 1990 only if they have the nominal volumes set out in column I of that Annex. Those prepackages which appear in Annex III, section 4, may be marketed after 31 December 1991 only if they have the nominal volumes set out in the said column I.(c)Without prejudice to subparagraph (a) above, the products listed in Annex III (1) (a), when contained in returnable packages, may be marketed in the following volumes:0,68 litre, 0,70 litre and 0,98 litre in Spain, until 31 December 1992,0,46 litre and 0,70 litre in Greece, until 31 December 1992.(d)Without prejudice to subparagraph (b), products listed in Annex III, section 4, and having the volume of 0,071 litre may be marketed in Ireland and the United Kingdom.(e)Without prejudice to subparagraph (b), products listed in Annex III, Section(1)(a) produced and bottled in Hungary before 1 January 1993 and having the volume of 0,70 litre may be marketed in Hungary, provided that Hungary declares the quantity of stocks at the date of accession to the Commission.

Article 6The amendments necessary to adjust the provisions of Annexes I and II to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Articles 18 and 19 of Council Directive No 71/316/EEC.

Article 71.Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.2.By way of derogation from paragraph 1, Belgium, Ireland, the Netherlands and the United Kingdom may defer implementation of this Directive and the Annexes thereto until 31 December 1979 at the latest.3.During the period in which the Directive is not operative in a Member State, that Member State shall not introduce stricter control measures regarding the quantity contained in prepackages covered by this Directive and coming from other Member States than those in force when the Directive was adopted.4.During the same period the Member States which have introduced the Directive shall accept those prepackages coming from Member States benefiting from the derogation provided for in paragraph 2 of this Article which comply with the provisions of Annex I.1 and Annex III to the Directive, even if they do not bear the EEC mark referred to in subsection 3.3 of Annex I, on the same basis and under the same conditions as those prepackages which comply with all the provisions of the Directive.5.Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.

Article 8This Directive is addressed to the Member States.

nullANNEX I1.OBJECTIVESPrepackages covered by this Directive shall be made up in such a way that the completed prepackages satisfy the following requirements:1.1.the actual volume of the contents shall not be less, on average, than the nominal volume of the contents;1.2.the proportion of prepackages having a negative error greater than the tolerable negative error laid down in subsection 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 of subsection 2.4 may be marked with the EEC mark provided for in subsection 3.3.2.DEFINITIONS AND BASIC PROVISIONS2.1.The nominal volume of the contents of a prepackage is the volume indicated on the prepackage, i.e., the volume of liquid which the prepackage is deemed to contain.2.2.The actual volume of the contents of a prepackage is the volume of liquid it in fact contains. In all checking operations the value employed for actual volume of the contents shall be measured at or corrected to a temperature of 20 °C.2.3.The negative error is the quantity by which the actual volume of the contents is less than the nominal volume of the contents of the prepackage.2.4.The tolerable negative error shall be fixed in accordance with the following table:

Nominal volume of the contents Vn in millilitres	Tolerable negative error
Nominal volume of the contents Vn in millilitres	in % of Vn	in millilitres
from 5 to 50	9	—
from 50 to 100	—	4,5
from 100 to 200	4,5	—
from 200 to 300	—	9
from 300 to 500	3	—
from 500 to 1000	—	15
from 1000 to 10000	1,5	—

When using the table, the values of the tolerable negative errors shown as percentages in the table, calculated in units of volume, shall be rounded up to the nearest one-tenth of a millilitre.3.INSCRIPTIONS AND MARKINGSAll 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 volume of the contents expressed in litres, centilitres or millilitres and marked in figures at least6 mm high if the nominal volume of the contents is greater than 100 cl,4 mm high if it is from 100 cl down to but not including 20 cl,3 mm high if it is from 20 cl down to but not including 5 cl,2 mm high if it is not more than 5 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, as last amended by Directive 76/770/EEC;Until the expiry of the periods laid down in Directive 71/354/EEC, as amended by Directive 76/770/EEC, the indication of the nominal volume of the contents expressed in SI units in accordance with the first paragraph may be accompanied by that of the equivalent value in imperial (UK) units of measurement, calculated by applying the following conversion factors:one millilitre0. 0352 fluid ounceone litre1. 760 pints or 0. 220 gallon.Member States may, where they think it necessary, insist on this second indication for products put up for sale on their national territories. Markings in imperial (UK) units 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 department concerned to identify the packer or the person responsible for the packing 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 volume of the contents, certifying that the prepackage meets the requirements of this Directive.This letter shall have the form shown in the drawing contained in Annex II, Section 3, to Council Directive No 71/316/EEC.Article 12 of this latter Directive shall apply mutatis mutandis.However, if the package is a measuring container which complies with the relevant Directive and if the indication of its nominal capacity is visible under normal conditions of presentation of the prepackage, it is not necessary for the purposes of this Directive to indicate the nominal volume of the contents of the prepackage as required by point 3.1 above.This shall not, however, be applicable when such nominal volume of the prepackage differs by an amount of up to and including 0.05 litre from another nominal volume provided for in Annex III for the same category of products.4.RESPONSIBILITY OF THE PACKER OR IMPORTERThe packer or importer shall be responsible for ensuring that prepackages meet the requirements of this Directive.The quantity of liquid contained in a prepackage, known as the actual volume of the contents, shall be measured or checked on the responsibility of the packer or the 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 volume of the contents is not measured, the check carried out by the packer shall be so organized that the nominal volume of the said contents is effectively ensured, in conformity with the provisions of this Directive.In order to fulfil this requirement, the packer must carry out production checks in accordance with procedures recognized by the competent departments in the Member State and if he holds at the disposal of these authorities the documents containing the results of such checks, in order to certify that these checks, together with the corrections and adjustments which they have shown to be necessary, have been properly and accurately carried out.Where goods are imported 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.One of the several methods of meeting the measuring and checking requirement is to use when making up the prepackage a measuring container of the type defined in the Directive relating thereto and filled under the conditions prescribed in this Directive and in that on measuring container bottles.5.CHECKS TO BE CARRIED OUT BY THE COMPETENT DEPARTMENTS ON THE PREMISES OF THE PACKER OR OF THE IMPORTER OR OF HIS AGENT ESTABLISHED IN THE COMMUNITYChecks to ensure that the prepackages comply with the provisions of this Directive shall be carried out by the competent departments of the Member States by sampling on the packer's premises or, if this is not practicable, on the premises of the importer or of 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.Thus as regards the criterion for the minimum acceptable contents, a sampling plan used by a Member State shall be regarded as comparable with that recommended in Annex II if the abscissa of the 0.10 ordinate point of the operating characteristic curve of the first plan (probability of acceptance of the batch = 0.10) deviates by less than 15 % from the abscissa of the corresponding point of the operating characteristic curve of the sampling plan recommended in Annex II.As regards the criterion for the mean calculated by the standard deviation method, a sampling plan used by a Member State shall be regarded as comparable with that recommended in Annex II if, taking into account the operating characteristic curves of the two plans having as the abscissa axis (1),the abscissa of the 0.10 ordinate point of the curve of the first plan (acceptance probability of the batch = 0.10) deviates by less than 0.05 from the abscissa of the corresponding point of the curve of the sampling plan recommended in Annex II.6.OTHER CHECKS CARRIED OUT BY THE COMPETENT DEPARTMENTSThis Directive shall not preclude any checks that may be carried out by the competent departments of the Member States in the course of trade, in particular for the purpose of verifying that prepackages meet the requirements of the Directive.ANNEX IIThis 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.1.REQUIREMENTS FOR MEASURING THE ACTUAL CONTENTS OF PREPACKAGESThe 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 PREPACKAGESThe 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 batches2.1.1.The batch shall comprise all the prepackages of the same nominal quantity, the same type and the same production run, packed in the same place, which are to be inspected. The batch size shall be limited to the amounts laid down below.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 10000.2.1.3.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 actual contents of a prepackageThe minimum acceptable contents shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal quantity of the prepackage.Prepackages in the batch whose actual contents are less than the minimum acceptable contents shall be considered defective.2.2.1.Non-destructive testingNon-destructive testing shall be carried out in accordance with a double sampling plan as shown in the table below: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 this 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 batch	Samples		Number of defective units
Number in batch	Order	Number	Aggregate number	Acceptance criterion	Rejection criterion
100 to 500	1st	30	30	1	3
100 to 500	2nd	30	60	4	5
501 to 3200	1st	50	50	2	5
501 to 3200	2nd	50	100	6	7
3201 and over	1st	80	80	3	7
3201 and over	2nd	80	160	8	9

2.2.2.Destructive testingDestructive testing shall be carried out in accordance with the single sampling plan below and shall be used only for batches of 100 or more.The number of prepackages checked shall be equal to 20.If the number of defective units found in the sample is less than or equal to the acceptance criterion, the batch of prepackages shall be considered as acceptable.If the number of defective units found in the sample is equal to or greater than the rejection criterion, the batch of prepackages shall be rejected.

Number in batch	Number in sample	Number of defective units
Number in batch	Number in sample	Acceptance criterion	Rejection criterion
Whatever the number (≥ 100)	20	1	2

2.3.Checking of average actual volume of the contents of the individual prepackages making up a bath2.3.1.A batch of prepackages shall be considered acceptable for the purpose of this check if the mean value of the actual volume of the contents xi of n prepackages in a sample is greater than the value:Vn — s2n · t1 — αIn this formula:Vnthe nominal volume of the contents of the prepackage,sthe estimated standard deviation of the actual volume of the contents of the bath,nthe number of prepackages in the sample for this check,t(1 — α)0.995 confidence level of a student distribution with δ = n — 1 degree of freedom.2.3.2.If xi is the measured value for the actual volume of the 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:x- = Σi = 1i = nxin2.3.2.2.and the estimated value of the standard deviations by the following calculation:the sum of the squares of the measured values: the square of the sum of the measured values: , then the corrected sum: the estimated variance The estimated value of the standard deviation is 2.3.3.Criteria for acceptance or rejection of batches of prepackages tested in this check:

Criteria for non-destructive testing

Number in bath	Number in sample	Criteria
Number in bath	Number in sample	Acceptance	Rejection
≤ 500	30	x- ≥ Vn — 0·503 s	x- < Vn — 0·503 s
> 500	50	x- ≥ Vn — 0·379 s	x- < Vn — 0·379 s

Criteria for destructive testing

Number in bath	Number in sample	Criteria
Number in bath	Number in sample	Acceptance	Rejection
Whatever the number (≥ 100)	20	x- ≥ Vn — 0·640 s	x- < Vn — 0·640 s

ANNEX III

Value relating only to consumption on board aircraft, ships and trains and to sales in duty-free shops.Values intended exclusively for trade use.OJ No L 311, 1. 12. 1975, p. 40.

Liquids			Nominal volume of contents in litres
			IDefinitively allowed	IITemporarily allowed
1.	(a)	Wine of fresh grapes; fresh grape must with fermentation arrested by the tradition of alcohol including wine maqe of unfermented grape juice blended with alcohol except for wines included in Common Customs tariff subheadings 22.05 A and B and liqueur wines (CCT subheading ex 22.05 C); grape must, in fermentation or with fermentation arrested otherwise than by the addition of olcohol (CCT heading No 22.04)	0.10 — 0.25 — 0.3750.50 — 0.75 — 11.5 — 2 — 356, 9 and 10.0.187 - 4 - 8	0.35 — 0.70 — 0.731.25
	(b)	"yellox" wines entitled to use the following designation of origin: "Côtes du Jura", "Arbois", "L'Etoile"and "Château-Chalon"	0,62
	(c)	Other non-sparkling fermented beverages, for example, cider, perry and mead (CCT subheading 22.07 B II)	0.10 — 0.25 — 0.3750.50 — 0.75 — 11.5 — 2 — 5	0,35 — 0,70
	(d)	Vermouths and other wines of fresh grapes flavoured with aromatic extracts (CCT headi,g No 22.06); liqueur wines (CCT subheading ex 22.05 C)	0.005 up to 0.100.10 — 0.20 — 0.3750.50 — 0.75 — 11.53 — 5
2.	(a)	—Sparkling wines (CCT subheading 22.05 A)—Wine in bottles "mushroom" stoppers held in place by ties or fastenings, and wine otherwise put up with an excess pressure of not less than one bar but less than three bar, measured at a temperature of 20 °C (CCT subheading 22.05 B)	0.125 — 0.20 — 0.3750.75 — 1.5 — 34.5 — 6 — 9	0.10 — 0.25 — 0.70
2.	(b)	Other fermented sparkling beverages, for example, cider, perry and mead (CCT subheading 22.07 B I)	0.10 — 0.20 — 0.3750.75 — 1 — 1.53	0,125
3.	(a)	Beer made from malt (CCT heading No 22.03), excluding acid beers	0.25 — 0.33 — 0.500.75 — 1 — 23 — 4 — 5	0,35
3.	(b)	Acid beers, gueuze	0.25 — 0.375 — 0.75
4.	Spirits, other than those of CCT headings No 22.08): liqueurs and other spirituous beverages; compound alcoholic preparations ( known as "concentrated extracts") for the manufacture of beverages (CCT heading No 22.09)		0.02 — 0.03 — 0.040.05 — 0.100.20 — 0.50 — 11.5 — 2 — 2.530.35 — 0.70 — 1.125 — 4.5 — 5 — 10.
5.	Vinegar and substitutes for vinegar (CCT heading no 22.10)		0.25 — 0.50 — 0.751 — 2 — 5
6.	Olive oils (CCT subheading 15.07 A), other edible oils (CCT subheading 15.07 D II)		0.25 — 0.50 — 0.751 — 2 — 35 — 10
7.	—Milk, fresh, not concentrated or sweetened (CCT heading ex 04.01), excluding yoghourt, kephir, curdled milk, whey and other fermented or acidified milk—Milk-based beverages (CCT subheading 22.02 B)		0.20 — 0.25 — 0.500.75 — 1 — 2	0,10
8.	(a)	Waters, includings spa waters and aerated waters (CCT heading No 22.01)	0.125 — 0.20 — 0.250.33 — 0.50 — 0.751 — 1.5 — 2	all volumes below0.20 — 0.35 — 0.450.46 — 0.70 — 0.900.92 — 1.25
	(b)	Lemonade, flavoured spa waters and flavoured aerated waters and other non-alcoholic beverages not containing milk or milkfats, (CCT subheading 22.02 A) excluding friut and vegetable juices falling within CCT heading No 22.07 and concentrates	0.125 — 0.20 — 0.250.33 — 0.50 — 0.751 — 1.5 — 2	all volumes below0.20 — 0.70
	(c)	Beverages labelled as alcohol-free aperitifs	0,10
9.	Fruit juices (including grape must) or vegetable juices, whether or not containing added sugar, but unfermented and not containing spirit falling within CCT subhaeding 20.07 B, fruit nectar directive 75/726/EEC of 17 november 1975 on the approximation of the laws of the Member States concerning fruit juices and certain similar products		0,125 — 0,20 — 0,250,33 — 0,50 — 0,751 — 1,5 — 2	all volumes below0,125 — 0,700,18 — 0,35 (in cans only)

September 29, 1978	annex 1	Amendment
September 29, 1978	annex 2	Amendment

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

Modified by

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