1999L0094 — EN — 25.07.2003 — 001.001 — 1
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►B DIRECTIVE1999/94/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of13December 1999
relatingtotheavailabilityofconsumerinformationonfueleconomyandCO2emissionsinrespect
ofthemarketingofnewpassengercars
(OJ L 12, 18.1.2000, p. 16)
Amended by:
Official Journal
No page date
►M1Commission Directive 2003/73/EC of 24 July 2003 L 186 34 25.7.2003
▼B
DIRECTIVE 1999/94/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of13December 1999
relating to the availability of consumer information on fuel
economy and CO2emissions in respect of the marketing of new
passengercars
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 175(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Acting in accordance with the procedure laid down in Article 251 of
the Treaty (3),
(1)WhereasArticle 174 of the Treaty requiresprudent and rationalutilisation of natural resources; whereas the rational use ofenergy isone of the principal meansby which thisobjectivecan be achieved and environmental pollution reduced;
(2)Whereasthe ultimate objective of the UN Framework Conven-tion on Climate Change is to achieve stabilisation ofgreenhouse gas concentrations in the atmosphere at a level that
preventsdangerousanthropogenic interference with the climate
system;
(3)Whereasunder the Kyoto Protocol to the United NationsFrame-work Convention on Climate Change agreed at the December1997 Kyoto Conference, the Community hasaccepted the targetof reducing its emissions during the period 2008 to 2012 inrespect of a basket of greenhouse gases by 8 % relative to 1990
levels;
(4)Whereas in recognition of the importance of passenger cars as asource of CO
2emissions, the Commission has proposed a
Community strategy to reduce CO2emissions from passenger
carsand to improve fuel economy; whereasin itsConclus ionsof 25 June 1996 the Council welcomed the Commission'sapproach;
(5)Whereasinformation playsa key role in the operation of marketforces; whereas the provision of accurate, relevant and compar-able information on the specific fuel consumption and CO
2emissions of passenger cars may influence consumer choice infavour of those cars which use less fuel and thereby emit lessCO
2, thereby encouraging manufacturersto take s tepsto reduce
the fuel consumption of the cars that they manufacture;
(6)Whereas the presence of labels on used cars at the point of salecould influence buyers of new passenger cars towards lowconsumption cars, since this characteristic will be taken into
account when the car isre-s old; whereasit istherefore appro-
priate, in connection with the first review of this Directive, toconsider enlarging the scope to used cars covered by Commis-sion Directive 93/116/EC of 17 December 1993 adapting totechnical progress Council Directive 80/1268/EEC relating tothe fuel consumption of motor vehicles (
4);1999L0094 — EN — 25.07.2003 — 001.001 — 2
(1) OJ C 305, 3.10.1998, p. 2 and OJ C 83, 25.3.1999, p. 1.
(2) OJ C 40, 15.2.1999, p. 45.
(3) Opinion of the European Parliament of 17 December 1998 (OJ C 98,
9.4.1999, p. 252), Council Common Position of 23 February 1999 (OJ C
123, 4.5.1999, p. 1) and Decision of the European Parliament of 4
November 1999 (not yet published in the Official Journal).
(4) OJ L 329, 30.12.1993, p. 39.
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(7)Whereas it is therefore necessary to develop a fuel economy
label for all new passenger cars displayed at the point of sale;
(8)Whereasa fuel economy label s hould contain information on
fuel consumption and specific emissions of CO2that have been
determined in accordance with the harmonised standards andmethodslaid down in Council Directive 80/1268/EEC of 16
December 1980 relating to the carbon dioxide emissions and
fuel consumption of motor vehicles (
1);
(9)Whereas it is necessary that supplementary standardised infor-mation on the fuel consumption and specific CO
2emissions of
all versions on the new car market is available in a suitable
form both at the point of sale and from a designated body in
each Member State; whereas such information may be useful toconsumers who formulate their purchase decision before enteringthe showroom or who choose not to use the services of a dealeror visit a showroom when purchasing a passenger car;
(10)Whereasit isimportant that potential cus tomersare made aware,at the point of sale, of the most fuel efficient passenger carmodelsavailable through that point of s ale;
(11)Whereasall promotional literature, and, asappropriate, all otherpromotional material, used in the marketing of new passenger
cars, should contain data on the relevant fuel consumption and
CO
2emissions for the passenger car models to which it pertains,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
The purpose of this Directive is to ensure that information relating to
the fuel economy and CO2emissions of new passenger cars offered
for sale or lease in the Community is made available to consumers in
order to enable consumers to make an informed choice.
Article 2
For the purposes of this Directive:
1. ‘passenger car’ means any motor vehicle of category M1, as
defined in Annex II to Directive 70/156/EEC (2) and which falls
under the scope of Directive 80/1268/EEC. It does not includevehiclesfalling under the s cope of Directive 92/61/EEC (
3) and
special purpose vehicles as defined in the second indent of Article
4(1)(a) of Directive 70/156/EEC;
2. ‘new passenger car’ means any passenger car which has not
previously been sold to a person who bought it for a purpose otherthan that of selling or supplying it;
3. ‘certificate of conformity’ meansthe certificate referred to in
Article 6 of Directive 70/156/EEC;
4. ‘point of sale’ means a location, such as a car showroom or fore-
court, where new passenger cars are displayed or offered for saleor lease to potential customers. Trade fairs where new passenger
carsare pres ented to the public are included in thisdefinition;
5. ‘official fuel consumption’ means the fuel consumption type-
approved by the approval authority in accordance with the provi-1999L0094 — EN — 25.07.2003 — 001.001 — 3
(1) OJ L 375, 31.12.1980, p. 36. Directive as last amended by Commission
Directive 93/116/EC.
(2) Council Directive 70/156/EEC of 6 February 1970 on the approximation of
the lawsof the Member Statesrelating to the type-approval of motor vehi-
clesand their trailers(OJ L 42, 23.2.1970, p. 1). Directive aslas t amendedby European Parliament and Council Directive 98/91/EC (OJ L 11,
16.1.1999, p. 25).
(
3) Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval
of two or three-wheel motor vehicles(OJ L 225, 10.8.1992, p. 72). Directive
as amended by the 1994 Act of Accession.
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sions of Directive 80/1268/EEC and mentioned in Annex VIII of
Directive 70/156/EEC and attached to the EC vehicle type-approval certificate or in the certificate of conformity. Where
several variants and/or versions are grouped under one model, the
value to be given for fuel consumption of that model shall be basedon the variant and/or version with the highest official fuelconsumption within that group;
6. ‘official specific emissions of CO
2’ for a given passenger car
means those measured in accordance with the provisions of Direc-tive 80/1268/EEC and mentioned in Annex VIII of Directive 70/
156/EEC and attached to the EC vehicle type-approval certificate
or in the certificate of conformity. Where several variants and/orversions are grouped under one model, the values to be given forCO
2of that model shall be based on the variant and/or version with
the highest official CO2emissions within that group;
7. ‘fuel economy label’ meansa label which containscons umer infor-
mation regarding the official fuel consumption and the officialspecific emissions of CO
2of the car to which the label isattached;
8. ‘fuel economy guide’ meansa compilation of the official fuel
consumption data and official specific emissions of CO2for each
motel available on the new car market;
9. ‘promotional literature’ meansall printed matter us ed in the
marketing, advertising and promotion of vehicles to the general
public. It includes, as a minimum, technical manuals, brochures,
advertisements in newspapers, magazines and trade press andposters;
10. ‘make’ meansthe trade name of the manufacturer and isthat which
appearson the certificate of conformity and the type-approvaldocumentation;
11. ‘model’ meansthe commercial des cription of the make, type, and,
if available and appropriate, variant and version of a passenger car;
12. ‘type’, ‘variant’ and ‘version’ mean the differentiated vehicles of a
given make that are declared by the manufacturer, asdes cribed inAnnex II.B to Directive 70/156/EEC, and uniquely identified bytype, variant and version alphanumeric characters.
Article 3
The Member States shall ensure that a label on fuel economy and CO
2emissions, which is in accordance with the requirements described in
Annex I, is attached to or displayed, in a clearly visible manner, near
each new passenger car model at the point of sale.
Article 4
Without prejudice to the establishment by the Commission of an
Internet guide at Community level, the Member States shall ensurethat a guide on fuel economy and CO
2emissions is produced in consul-
tation with manufacturers on at least an annual basis in accordance
with the requirementsof Annex II. The guide s hall be portable,compact and available free of charge to consumers upon request bothat the point of sale and also from a designated body within eachMember State.
The authority or authoritiesreferred to in Article 8 may cooperate in
the preparation of the guide.
Article 5
The Member States shall ensure that, for each make of car, a poster (or
alternatively, a display) is exhibited with a list of the official fuelconsumption data and the official specific CO
2emissions data of all
new passenger car models displayed or offered for sale or lease at orthrough that point of sale. This data shall be displayed in a prominentposition and in accordance with the format in Annex III.1999L0094 — EN — 25.07.2003 — 001.001 — 4
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Article 6
The Member States shall ensure that all promotional literature contains
the official fuel consumption and the official specific CO2emission
data of the passenger car models to which it refers in accordance withthe requirementsof Annex IV.
Member Statess hall, asappropriate, provide for promotional material
other than the promotional literature referred to above to indicate theofficial CO
2emission data and the official fuel consumption data of
the specific car model to which it refers.
Article 7
The Member States shall ensure that the presence on labels, guides,
posters or promotional literature and material referred to in Articles 3,4, 5 and 6 of other marks, symbols or inscriptions relating to fuelconsumption or CO
2emissions which do not comply with the require-
ments of this Directive is prohibited, if their display might cause
confusion to potential consumers of new passenger cars.
Article 8
The Member States shall notify the Commission of the competent
authority or authorities responsible for the implementation and func-tioning of the consumer information scheme described in this Directive.
Article 9
Any amendments which are necessary in order to adapt the Annexes to
this Directive shall be adopted by the Commission in accordance with
the procedure set out in Article 10 and following consultation with
consumer organisations and other interested parties.
In order to assist this adaptation process, each Member State shall
transmit to the Commission, by 31 December 2003, a report on the
effectiveness of the provisions of this Directive, covering the periodfrom 18 January 2001 until 31 December 2002. The format of thisreport shall be established in accordance with the procedure set out inArticle 10 not later than 18 January 2001.
Furthermore, the Commission shall, in accordance with the procedure
laid down in Article 10, take measures aiming at:
(a) further specifying the format of the label referred to in Article 3 by
amending Annex I;
(b) further specifying the requirements concerning the guide referred to
in Article 4 with a view to classifying new car models thusenabling a listing of the models according to CO
2emissions and
fuel consumption in specified classes including a class for a listing
of the most fuel efficient new car models;
(c) establishing recommendations in order to enable the application of
the principlesof the provis ionson promotional literature referred toin the first paragraph of Article 6 to other media and material.
Article 10
Committee
The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by a representativeof the Commission.
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on that draft within a time limit which the chairman may lay
down according to the urgency of the matter. The opinion shall be
delivered by the majority laid down in Article 205 of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember Stateswithin the committee s hall be weighted in the mannerlaid down in that Article. The chairman shall not vote.1999L0094 — EN — 25.07.2003 — 001.001 — 5
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The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall, without
delay, submit to the Council a proposal relating to the measures to betaken. The Council shall act by a qualified majority.
If, on the expiry of a period of three monthsfrom the date of referral to
the Council, the Council has not acted, the proposed measures shall beadopted by the Commission.
Article 11
Member Statess hall determine the penaltiesapplicable to breachesof
the national provisions adopted pursuant to this Directive. The penaltiesshall be effective, proportionate and dissuasive.
Article 12
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive by
18 January 2001. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference at thetime of their official publication. The procedure for such referenceshall be adopted by Member States.
2. Member States shall communicate to the Commission the text of
the main provisions of national law which they adopt in the field
covered by thisDirective.
Article 13
ThisDirective s hall enter into force on the day of itspublication in the
Official Journal of the European Communities .
Article 14
This Directive is addressed to the Member States.1999L0094 — EN — 25.07.2003 — 001.001 — 6
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ANNEX I
DESCRIPTIONOFTHELABELONFUELECONOMYANDCO2EMIS-
SIONS
The Member States must ensure, as a minimum, that all fuel economy labels in
their territory:
1. comply to a standardised format in order to allow greater recognition by
consumers;
2. are of a size of 297 mm × 210 mm (A4);3. contain a reference to the model and fuel type of the passenger car to which
they are attached;
4. contain the numerical value of the official fuel consumption and the official
specific emissions of CO
2. The value of the official fuel consumption is
expressed in either litres per 100 kilometres (l/100 km), or an appropriate
combination of these and is quoted to one decimal place. The official specific
emissions of CO2are quoted to the nearest whole number in grams per kilo-
metre (g/km).
Such values can be expressed in different units (gallons and miles) to the
extent compatible with the provisions of Directive 80/181/EEC (1).
5. contain the following text regarding the availability of the guide on fuel
consumption and CO2emissions:
‘A guide on fuel economy and CO2emissions which contains data for all
new passenger car models is available at any point of sale free of charge’
6. contain the following text:
‘In addition to the fuel efficiency of a car, driving behaviour aswell asother
non-technical factorsplay a role in determining a car'sfuel cons umption and
CO2emissions. CO2is the main greenhouse gas responsible for global
warming’1999L0094 — EN — 25.07.2003 — 001.001 — 7
(1) Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws
of the Member Statesrelating to unitsof meas urement and on the repeal of Directive71/354/EEC (OJ L 39, 15.2.1980, p. 40). Directive aslas t amended by Directive 89/
617/EEC (OJ L 357, 7.12.1989, p. 28).
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ANNEX II
DESCRIPTIONOFTHEGUIDEONFUELECONOMYANDCO2EMIS-
SIONS
The Member States must ensure that the guide on fuel economy and CO2emis-
sions contains, as a minimum, the following information:
1. a listing of all new passenger car models available for purchase within the
Member States on a yearly basis, grouped by makes in alphabetic order. If
in a Member State the guide isupdated more than once a year, then the guide
should contain a listing of all new passenger car models available on the date
of the publication of thisupdate;
2. for each model that appearsin the guide, the fuel type, the numerical value
of the official fuel consumption and the official specific emissions of CO2.
The value of the official fuel consumption is expressed in either litres per
100 kilometres(l/100 km) or kilometresper litre (km/l), or an appropriate
combination of these, and is quoted to one decimal place. The official
specific emissions of CO2are quoted to the nearest whole number in grams
per kilometre (g/km).
Such values can be expressed in different units (gallons and miles) to the
extent compatible with the provisions of Directive 80/181/EEC;
3. a prominent listing of the 10 most fuel-efficient new passenger car models
ranked in order of increasing specific emissions of CO2for each fuel type.
The listing must contain the model, the numerical value of the official fuel
consumption and the official specific emissions of CO2;
4. advice to motorists that correct use and regular maintenance of the vehicle
and driving behaviour, such as avoiding aggressive driving, travelling at
lower speeds, anticipation braking, correctly inflating tyres, reducing periods
of idling, not carrying excessive weight, improve the fuel consumption and
reduce the CO2emissions of their passenger car;
5. an explanation of the effects of greenhouse gas emissions, potential climate
change and the relevance of motor carsaswell asa reference to the different
fuel optionsavailable to the cons umer and their environmental implications
based on the latest scientific evidence and legislative requirements;
6. a reference to the Community's target for the average emissions of CO2from
new passenger cars and the date of which the target should be achieved;
7. a reference to the Commission's guide on fuel economy and CO2emissions
on the Internet, when available.1999L0094 — EN — 25.07.2003 — 001.001 — 8
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ANNEX III
DESCRIPTION OF THE POSTER/DISPLAY TO BE DISPLAYED AT
THEPOINTOFSALE
The Member States must ensure that the poster/display meets, as a minimum,
the following requirements:
1. the poster or display is a minimum size of 70 cm × 50 cm;
2. the information iseas y to read;
3. in a display where information is provided on an electronic screen, the screen
size shall be at least 25 cm × 32 cm (17 inches). The information may be
shown using scroll techniques;
4. the passenger car models are grouped and listed separately according to fuel
type (e.g. petrol or diesel etc.). Within each fuel type, models are ranked in
order of increasing CO2emissions, with the model with the lowest official
fuel consumption being placed at the top of the list;
5. for each passenger car model in the list the make, the numerical value of the
official fuel consumption and the official specific emissions of CO2are
given. The value of the official fuel consumption is expressed in either litres
per 100 kilometres(l/100 km), kilometresper litre (km/l), or an appropriate
combination of these, and is quoted to one decimal place. The official
specific emissions of CO2are quoted to the nearest whole number in grams
per kilometre (g/km).
Such values may be expressed in different units (gallons and miles) to the
extent compatible with the provisions of Directive 80/181/EEC.
A suggested format is shown below:
6. the poster/display contains the following text regarding the availability of the
guide on fuel economy and CO2emissions: ‘A guide on fuel economy and
CO2emissions which contains data for all new passenger car models is avail-
able at any point of sale free of charge’; in the case of a display featuring an
electronic screen this message must be permanently visible;
7. the poster/display contains the following text: ‘In addition to the fuel effi-
ciency of a car, driving behaviour aswell asother non-technical factors
play a role in determining a car'sfuel cons umption and CO2emissions. CO2is the main greenhouse gas responsible for global warming’; in the case of adisplay featuring an electronic screen this message must be permanently
visible;
8. the poster/display will be updated at least every six months. Where an elec-
tronic display is used, the information shall be updated at least every three
months;
9. the poster/display may be substituted completely and permanently by an elec-
tronic screen. In this case the electronic screen shall be presented in such a
way that it attracts the awareness of the consumer at least with the same
intensity as a poster/display would have achieved.1999L0094 — EN — 25.07.2003 — 001.001 — 9
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ANNEX IV
THE PROVISION OF DATA ON FUEL CONSUMPTION AND CO2EMISSIONSINPROMOTIONALLITERATURE
The Member States must ensure that all promotional literature contains the offi-
cial fuel consumption and official specific CO2emissions data of the vehicles to
which it refers. This information should, as a minimum, meet the following
requirements:
1. be easy to read and no less prominent than the main part of the information
provided in the promotional literature;
2. be easy to understand even on superficial contact;3. officiel fuel consumption data should be provided for all different car models
to which the promotional material covers. If more than one model is speci-
fied then either the official fuel consumption data for all the models specified
is included or the range between the worst and best fuel consumption is
stated. Fuel consumption is expressed in either litres per 100 kilometers (l/
100 km), kilometersper litre (km/l) or an appropriate combination of thes e.
All numerical data are quoted to one decimal place.
Such values may be expressed in different units (gallons and miles) to the
extent compatible with the provisions of Directive 80/181/EEC.
If the promotional literature only containsreferance to the make, and not to any
particular model, then fuel consumption data need not be provided.1999L0094 — EN — 25.07.2003 — 001.001 — 10