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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

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty setting up 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);

  1. Whereas in several Member States the manufacture and testing of bottles used as measuring containers are the subject of mandatory regulations which differ from one Member State to another, thereby hindering trade in this type of bottle; whereas such provisions must therefore be approximated;

  2. Whereas bottles used as measuring containers must have special metrological characteristics and it is necessary for this purpose to specify the maximum errors permissible in their nominal capacity and to define a reference method for checking such errors;

  3. Whereas it is essential that bottles used as measuring containers should, as laid down in the Directive, bear not only an indication of their nominal capacity but also the information required for filling them,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to containers commonly called bottles, made of glass or any other substance having such rigidity and stability that it offers the same metrological guarantees as glass, when such containers:

  1. are stoppered or designed to be stoppered and are intended for the storage, transport or delivery of liquids,

  2. have a nominal capacity of between 0.05 litre and five litres inclusive,

  3. have metrological characteristics (design characteristics and uniformity of manufacture) such that they can be used as measuring containers, i.e. when they are filled up to a specified level or to a specified percentage of their brim capacity their contents can be measured with sufficient accuracy.

These containers shall be called measuring container bottles.

Article 2

Only measuring container bottles which meet the requirements of this Directive may be marked with the EEC sign provided for in the third subparagraph of paragraph 5 of Annex I.

They shall be subject to metrological control under the conditions specified in the Annexes.

Article 3

Member States may not refuse, prohibit or restrict the marketing and use as measuring containers of bottles which satisfy the requirements and tests laid down in this Directive for reasons concerning their volume, the determination of their volume or the methods by which they have been checked.

Article 4

1.

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.

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 5

ANNEX I

ANNEX II