EU DIRECTIVES PREPACKAGES AND IMPLEMENTATIONS IN CROATIAN NATIONAL LEGISLATION 76/211/EEC 2007/45/EC 75/107/EEC

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1 STATE OFFICE FOR METROLOGY EU DIRECTIVES FOR PREPACKAGES AND IMPLEMENTATIONS IN CROATIAN NATIONAL LEGISLATION SEMINAR ON PREPACKAGES Gordana Vivoda EU DIRECTIVES 76/211/EEC 2007/45/EC 75/107/EEC prepackages bottles used as measuring containers Seminar on prepackages sl. 2 76/211/EEC 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 2007/45/EC Directive 2007/45/EC 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 Seminar on prepackages sl radionica za pretpakovine sl. 4 REPEALING 75/106/EEC i 80/232/EEC permitted for certain prepackaged products set out nominal quantities for a number of prepacked products - free movement of products Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers 75/107/EEC Council Directive 75/107/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to bottles used as measuring containers Seminar on prepackages sl Seminar on prepackages sl. 6 1

2 IMPLEMENTATION CROATIAN NATIONAL LEGISLATION Act of Metrology, Narodne novine br. 163/03, 194/03 i 111/07; (Act of Metrology - NN br. 11/94) Ordinance on metrological requirements for prepacked products and bottles used as measuring containers, Narodne novine br. 90/05, 32/06 i?/09 (Ordinance on metrological requirements for prepacked products - NN br. 23/97) Seminar on prepackages sl. 7 PREPACKAGE a product that is placed in a package without the purchaser being present and in such a way that its indicated composition and quantity cannot be altered without visible opening or obvious change Seminar on prepackages sl. 8 THE APPLICATION OF DIRECTIVES Prepackages of equal nominal quantities of the the quantity of the shall be expressed in the measurement units of mass or volume nominal quantities of the are not less than 5 g or 5 ml or more than 10 kg or 10 l. The provisions of this Ordinance shall not apply to: free samples marked as being free of charge prepackages which are imported or are intended for supplying trains, ships or airplanes products in containers intended for the end user on the basis of the mutual contract prepackages containing medicaments prepackages containing poisonous or explosive products Seminar on prepackages sl Seminar on prepackages sl. 10 RESPONSIBILITY OBLIGATORY VALUES OF NOMINAL QUANTITIES OF CONTENTS The supplier of prepackages (manufacturer or importer of prepackages) is responsible for assuring that the prepackages meet the provisions of this Ordinance, within its sense. Still wine Yellow wine Sparkling wine Liqueur wine On the interval from 100 ml to ml only the following 8 nominal quantities: ml: On the interval from 100 ml to ml only the following nominal quantity: ml: 620 On the interval from 125 ml to ml only the following 5 nominal quantities: ml: On the interval from 100 ml to ml only the following 7 nominal quantities: ml: Aromatised wine On the interval from 100 ml to ml only the following 7 nominal quantities: ml: Spirit drinks On the interval from 100 ml to ml only the following 9 nominal quantities: ml: Seminar on prepackages sl Seminar on prepackages sl. 12 2

3 PRODUCT DEFINITIONS Still wine Wine as defined in Article 1(2)(b) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1) (CN code ex 2204). Yellow wine Wine as defined in Article 1(2)(b) of Regulation (EC) No 1493/1999 (CN code ex 2204) with the designation of origin: Côtes du Jura, Arbois, L'Etoile and Château-Chalon in bottles as defined in Annex I, point 3 of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/ 1999 as regards the description, designation, presentation and protection of certain wine sector products (2). Sparkling wine Liqueur wine Aromatised wine Spirit drinks Wine as defined in Article 1(2)(b) and in Annex I, points 15, 16, 17 and 18 of Regulation (EC) No 1493/1999 (CN code ). Wine as defined in Article 1(2)(b) and in Annex I, point 14 of Regulation (EC) No 1493/ 1999 (CN code ). Aromatised wine as defined in Article 2(1)(a) of Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails Spirit drinks as defined in Article 1(2) of Council Regulation (EEC) No l576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks REQUIREMENTS FOR QUANTITIES OF CONTENTS 1. the average value 2. no prepackage may have a negative error greater than the tolerable negative error (T) 3. no prepackage may have a negative error greater than twice the tolerable negative error Seminar on prepackages sl Seminar on prepackages sl. 14 THE AVERAGE VALUE the actual quantity of the shall not be less, on average, than the nominal quantity of the, i.e. the average value of the actual quantity of the in the batch shall not be less than the nominal quantity of the Seminar on prepackages sl. 15 THE VALUES OF THE TOLERABLE NEGATIVE ERROR 1/2 Nominal quantity of the Tolerable negative error T Q N (gr/ml) in % Q N in g ili ml od 5 do od 50 do 100-4,5 od 100 do 200 4,5 - od 200 do od 300 do od 500 do od 1000 do , Seminar on prepackages sl. 16 THE VALUES OF THE TOLERABLE NEGATIVE ERROR 2/2 During the manufacturing process there shall be no more than 2% prepackages, whose actual quantity of the is less than the nominal quantity of the by more than the tolerable negative error T, and which is at the same time equal or greater than the nominal quantity of the minus twice the tolerable negative error T. (The acceptable quality level (AQL) of 2% is applied) TWICE THE TOLERABLE NEGATIVE ERROR No prepackage may have a negative error greater than twice the tolerable negative error Seminar on prepackages sl Seminar on prepackages sl. 18 3

4 QUANTITIES OF CONTENTS FOR PREPACKAGES MARKING OF THE VALUE OF THE QUANTITY OF THE CONTENTS Neispravne pakovine Correct prepackages : Nesuklad. pakovine <2% Ispravne pakovine 1. Q Q n 2. Q T 1 T 1 = Q n T Non-conforming prepackages : T 2 Q > T 1 T 2 = Q n 2 x T Non-conforming prepackages : Q T 2 Q Q Q - actual quantity of the Q n - nominal quantity of the T - the tolerable negative error T 1 limit the tolerable negative error T 2 - limit twice the tolerable negative error measurement unit of mass: in grams or kilograms measurement unit of volume: in millilitres, centilitres or litres measurement unit of length: in centimetres or metres measurement unit of surface: in square centimetres or square metres Seminar on prepackages sl Seminar on prepackages sl. 20 MARKING QUANTITY OF CONTENTS SIZE OF MARKINGS Unspecified marking of the quantity of the, marking the areas of the quantity of the or additional markings of gross weight are not allowed, easily recognisable, readable and indelible way, on the prepackage itself. Aerosol dispensers shall indicate the nominal total capacity of the container. The indication shall be such as not to create confusion with the nominal volume of the. Nominal quantity of the in g or ml 5 do 50 od 50 do 200 od 200 do 1000 više od 1000 Marking size in mm Seminar on prepackages sl Seminar on prepackages sl. 22 MARKING The minimum size of marking is 3 mm and shall be situated in the same field of vision as the marking of the nominal quantity of the marking may be used for marking: the prepackages of equal nominal quantities of the ; nominal quantities of the are not less than 5 g or 5 ml or more than 10 kg or 10 l; the quantity of the shall be expressed in the measurement units of mass and volume; approved marking size; checking the conducting and storage of the documentation on the internal testing of the quantity of the of the prepackages and using correct measuring instruments in the process of the internal surveillance of prepackage correctness. After the announcement to the State office for Metrology and delivery of correct documentations of the internal surveillance of prepackage correctness Seminar on prepackages sl Seminar on prepackages sl. 24 4

5 SURVEILLANCE performed by the metrological inspection of the State Office or the inspectors of the State Inspectorate; the surveillance is performed on the premises of the manufacturer, importer,seller. The surveillance consists of: 1/2 1. testing the actual quantity of the a) regarding meeting of the provisions on the negative error from the actual quantity of the b) regarding meeting of the requirements on the average value of the actual quantity of the 2. testing and marking the nominal quantities of the and measurement units Seminar on prepackages sl Seminar on prepackages sl. 26 The surveillance consists of: 2/2 3. testing concerning the observation of obligatory values of the nominal quantities of the 4. checking correctness of controlling measuring instruments and their use in the process of the internal surveillance of prepackage correctness 5. checking the conducting and storage of the documentation on the internal testing of the quantity of the of the prepackages Application of the Ordinance in Croatia individual prepackages (with equal quantities of ), multipack (with equal quantities of ), prepackages with unequal quantities of, non-packed baked products and units without wrapping, Prepackages in measuring conteiner Seminar on prepackages sl Seminar on prepackages sl. 28 NOT REGULATES WITH DIRECTIVES 1/2 1. prepackages with equal quantities of indicating : drained weight length surface number of pieces NOT REGULATES WITH DIRECTIVES 2/2 2. prepackages with unequal quantities of indicating weight 3. prepackages with quantity of of more than 10 kilograms or 10 litres 4. open packs, non-packed baked products and units without wrapping - filled without the presence of the buyer Seminar on prepackages sl Seminar on prepackages sl. 30 5

6 MEASURING CONTAINERS Measuring containers are containers made of the substance which retains the constant form of a bottle, has the nominal volume up to 5 l nominal volume volume of certain measurement container marked on the bottle brim volume volume of liquid in the measuring container when the bottle is full to the brim Seminar on prepackages sl. 31 INSCRIPTIONS AND MARKINGS ON MEASURING CONTAINERS 1/2 on the bottom, edge of the bottom or on the mantle of the container: nominal volume in millilitres, centilitres or litres, expressed in the measurement unit for volume or with the symbol of the measurement unit for volume brim volume in centilitres, without stating the measurement unit for volume approved symbol of the manufacturer of measuring containers Seminar on prepackages sl. 32 INSCRIPTIONS AND MARKINGS ON MEASURING CONTAINERS 2/2 the symbol placed beside the symbol of the manufacturer of measuring containers - for the measuring containers with the nominal volume from 50 ml to 5 l - minimum symbol size - 3 mm - for the measuring containers with the nominal volume up to 50 ml Seminar on prepackages sl. 33 MAXIMUM TOLERABLE NEGATIVE ERROR FOR MEASURING CONTAINERS Nominal volume Q N in millilitres Tolerable negative error of the brim volume % of the nominal volume millilitres manje od do do do do do do Seminar on prepackages sl. 34 6