Prepackages

Prepackages are products in containers of any kind

  •  packed and enclosed in the absence of the buyer and
  • whose quantity can not be changed without opening or changing the packing significantly (e.g. milk packages, cans for soft drinks, etc.).

For consumer protection and ensuring a fair competition metrological requirements apply for the correct content of the prepackages. These requirements are laid down in the Metrology Act as well as in the ordinance on prepackages.

Each prepackage shall bear the following declaration in an easily legible, clearly visible and indelible manner:

  • Nominal quantity (nominal weight or nominal volume)
  • Identity mark of the packer or importer

For the free movement of goods in the common market the conformity mark ‘ is foreseen. It may be affixed by the packer only at those packages in the range from 5 g / 5 ml to 10 kg / 10 Liter which meet the requirements. The ‘ mark shall facilitate the movement of goods and facilitate competition.

According to Austrian law the same requirements are valid for prepackages with and without ‘.

Inspectors of the BEV take regularly samples at packers and importers, check the correct content of prepackages and prevent the placing on the market of rejected packages.

 

For the content of prepackages the following requirements apply:

  • The average content of prepackages at the time of packing shall not be less than the nominal quantity dated at the package
  • For the single prepackage a tolerable negative error is laid down, which can be exceeded by a small amount of single packages (approx. 2,5%)
  • There shall be no prepackages with a content below the double negative error.
Nominal quantity Qn Tolerable negative error
Milliliter or Gram in % of Qn Milliliter or Gram
5 bis 50 9
50 bis 100 4,5
100 bis 200 4,5
200 bis 300 9
300 bis 500 3
500 bis 1000 15
1000 bis 10000 1,5

The packer or importer is responsible that the prepackages are in conformity with the legal requirements.

The actual contents of the prepackage have to be measured or controlled by weight or volume. The measurements or controls are to be carried out according to generally accepted rules of statistical quality control by verified measuring instruments appropriate for the purpose foreseen.

The results of the control have to be recorded according to the generally accepted rules of statistical quality control and to be retained for 5 years as a minimum.

If the actual contents are not measured the packer has to carry out the control in such a way that the quantity of goods is effectively assured. For that purpose the packer has to carry out the control in accordance with a procedure recognized by BEV.

 

The Austrian legislation on prepackages implements completely the directive 76/211/EEC on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products, last amended by directive 2007/45/EC.

Prepackages packed according to Austrian and thus EU legislation are subject to free trade within the community.

 

The directive 76/211/EEC specifies the tasks of the authorities and the control procedure to be applied by the authorities.

These controls have to be recognized EU-wide and thus promote free trade.

 

Link:

http://ec.europa.eu/enterprise/sectors/legal-metrology-and-prepack/index_de.htm

Measuring container bottles are containers made from glass or other materials having such rigidity and stability that offers the same metrological guarantees as glass, when

  •  they are stoppered or designed to be stoppered and are intended for the storage, transport or delivery of liquids,
  • they have a nominal capacity of between 0,05 litre and 5 litre;
  • they 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.

Chapter I of the ordinance on prepackages implements the directive 75/107/EEC on bottles as measuring container bottles.

Prepackages:

The packer is permitted to affix the following mark only on those prepackages, which are in conformity with the prepackage ordinance.

 

This mark only refers to the nominal quantity.

 

This mark (“e” from “estimated”) has the form described in the drawing to fig. 3 of annex II of directive 71/316/EEC.

 

Measuring containers:

The packer is permitted to affix the following mark only on those measuring container bottles, which are in conformity with the prepackage ordinance:

This mark has the form described in the drawing to fig. 6.3 of annex I of directive 2009/34/EC.

 

Note: This mark also serves as marking of aerosol packages (directive 75/324/EEC). The latter are no measuring containers.