4.12. 79 Official Journal of the European Communities No L 308/25 COUNCIL DIRECTIVE of 23 November 1979 amending Directive 75/106/EEC on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (79/1005/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commis- sion (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), ' Whereas the field of application of Council Directive 76/211/EEC of 20 January 1976 on the approxima- tion of the laws of the Member States relating to the making-up by weight or by volume of certain prepack- aged products (*) is different from that of 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 (°); Whereas, therefore, the fields of application of the two Directives should be aligned as regards the volumes of the prepackages to which they relate ; Whereas at the time of the adoption of Directive 75/106/EEC, the Council, with a view to providing better protection for the consumer, requested the Commission to submit before 31 December 1980 a new proposal reducing the list of nominal volumes in Annex I by eliminating values that were too close to one another; Whereas Council Directive 71/354/EEC  of 18 October 1971 relating to the approximation of the laws of the Member States on units of measurement (°) was last amended by Directive 76/770/EEC (%) ; Whereas pursuant to Article 7 (2) of Directive 75/106/EEC, Belgium, Ireland, the Netherlands and the United Kingdom have five years in which to (") OJ No C 250, 19. 10. 1977, p. 7. (?) OJ No C 163, 10. 7. 1978, p. 72. () OJ No C 283, 27. 11. 1978, p. 40. () O] No L 46, 21. 2. 1976, p. 1. (’) OJ No L 42, 15. 2. 1975, p. 1. (®) O] No L 243, 29. 10. 1971, p. 29. ) implement that Directive; whereas this Directive should therefore take account of that time limit; Whereas certain Member States will find it difficult to reduce the number of nominal volumes; whereas, therefore, provisions should be made for a transitional period for these Member States which does not, however, impede intra-Community trade in the products in question or jeopardize implementation of this Directive in the other Member States, HAS ADOPTED THIS DIRECTIVE : Article 1 Article 1 of Directive 75/106/EEC shall be replaced by the following : ‘Article 1 This 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 § ml and 10 litres inclusive. Article 2 Article 2 (2) of Directive 75/106/EEC shall be replaced by the following: ‘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 predeter- mined value and cannot be altered without the package either being opened or undergoing a perceptible modification.’ Article 3 Article 3 (1) of Directive 75/106/EEC shall be replaced by the following: ‘1. 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’