State of play, main conclusions, outlook

The Commission carried out an evaluation of the legal framework for pre-packaging (Directive 2007/45/EC on nominal quantities for pre-packed products, Directive 75/107/EEC on bottles used as measuring containers and Directive 76/211/EEC on the making-up pre-packaged products (by weight or volume).

The evaluation demonstrated that the EU legal framework for pre-packaging is fit for purpose and that the Directives are effective, efficient, relevant, coherent with other EU policies and have EU added value. While the Commission considers that there is no need to propose amendments, it has discussed the results of the evaluation with stakeholders and follows them up in order to improve application of the Directives.

All Member States have transposed and fully implement the Directives. Differences in national implementation are publicly documented; these concern administrative and production control processes that do not lead to different outcomes as regards the harmonised products placed on the market.

In the light of the variations in national implementation, the Commission also seeks to promote the exchange of good practice between stakeholders and develops guidance.

In order to promote the effectiveness of market surveillance, in particular on imports, administrative cooperation on the Directives is being enhanced through EU support for meetings of the competent authorities in line with Regulation (EC) No 765/2008.

The Commission discusses with stakeholders the issues raised as regards technical aspects and relevant international standards, and takes appropriate action, e.g. develop guidance.

In order to raise consumer awareness, the Commission also promoted more information on the meaning of the 3-mark and the ℮-mark.

Legislative follow-up is not foreseen.

Estimated savings and benefits

Benefits: The evaluation showed that all three Directives continue to be relevant and are generally considered efficient and effective, with significant added value for all stakeholder groups (consumers, industry and national authorities). They are perceived as beneficial in terms of contributing to consumer protection, fostering competitiveness and supporting the single market. They are also coherent with, and complement, other EU and national legislation. As a result, they enjoy widespread support from all stakeholder groups.

Costs: The total one-off cost of the marking Directives across the EU 28 is estimated at EUR 440 million (=1.3% of annual value added). The majority of these costs would, however, also be incurred in the absence of the optional marking Directives since the requirement to indicate nominal quantity would remain. Most of these costs were incurred a long time ago but given the relatively low cost of weighing equipment, new market entrants are unlikely to perceive costs as an obstacle to taking up the markings.