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Legislation
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Apart from customs and taxation issues, there are many other EU legislative and regulatory developments that could impact upon the industry and need to be monitored and addressed, including health and consumer affairs issues, product regulation, environmental challenges, etc.
Rules on nominal quantities for pre-packed products (Pack Sizes Directive)
In October 2004, the Commission published a draft directive amending the “Rules on nominal quantities for pre-packed products”. The proposal included a provision to establish mandatory bottle sizes for wines and spirits that can be sold within the EU.
Following representation from the ETRC, the European Parliament’s Internal Market and Consumer Protection (IMCO) Committee's Rapportuer, Jacques Toubon MEP, introduced an amendment calling for an exemption for sales in duty free shops for consumption outside the EU. Toubon's report, was approved at the Parliament's Plenary session on 2nd February 2006 by a wide majority and on 4th December 2006, the Competitiveness Council formally adopted its common position on the Commission’s revised proposal that retained the duty free exemption under Article 1.2.
On 21st May 2007, the Competitiveness Council reached final political agreement on the directive and the new rules will now enter into force on 11 April 2009. Until then, current provisions remain in effect. Once the new directive enters into force, duty free operators will be allowed to continue to offer exclusive bottle sizes to travellers departing the EU.
Full details of the new directive can be found at the EU Commission's Enterprise and Industry website.
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