Commission Recommendation

of 26 March 2003

on the application to other media of the provisions of Directive 1999/94/EC concerning promotional literature

(notified under document number C(2003) 848)

(Text with EEA relevance)

(2003/217/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars(1) and, in particular, Article 9 thereof,

Whereas:

(1) Under Directive 1999/94/EC, the Commission is requested to take measures aimed at establishing recommendations in order to enable the application of its provisions on promotional literature to other media and material.

(2) The Commission has assessed the importance of other media for the marketing, advertising and promotion of vehicles to the general public. Such media included television, radio and the internet, as well as electronic storage media such as video tapes, DVDs and CD-ROMs.

(3) As a result of that research, and after consultation with the appropriate Committee, with experts from the industrial and commercial sectors concerned, and with other non-governmental organisations, the Commission identified the need to establish recommendations in respect of the use, for the marketing, advertising and promotion of vehicles to the general public, of internet marketing and electronic storage media such as video tapes, DVDs and CD-ROMs.

(4) A recommendation for those media should be adopted as soon as possible in order to enable consumers to make an informed choice and to encourage the harmonised application of certain principles throughout the Community.

(5) This Recommendation is also justified in the light of the amendments to Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerned practices in the motor vehicle sector(2), which will probably result in an increase in the electronic marketing of new passenger cars.

(6) Consumer organisations and interested parties have been consulted.

(7) The measures provided for in this Recommendation are in accordance with the opinion of the Committee established under Article 10 of Directive 1999/94/EC,

HEREBY RECOMMENDS:

1. In order to ensure that information on the fuel consumption and CO2 emissions of new passenger cars is made available when such cars are offered for sale or lease in the Community by electronic means, Member States should take the necessary measures to ensure that promotional material distributed by electronic means contain the following information: "Further information on specific fuel consumption and CO2 emissions of new passenger cars is given in (... reference to name of the guide ...) which can be obtained free of charge at all points of sale and (... reference to national designated body; or direct link to the organisation charged with the distribution by electronic means ...)."

In addition, if this promotional material contains reference to any particular new passenger car model, or version or variant, Member States should take the necessary measures to ensure that the information includes at least the official specific fuel consumption (combined test cycle) and official specific CO2 emission figure (combined test cycle) of the vehicle to which it refers, expressed in the same way as on the national label established under Directive 1999/94/EC.

In all cases the statement should be easy to understand even on superficial contact, and no less prominent than the main part of the information provided. It should be ensured that the recipient of the promotional material receives this information automatically as soon as the promotional material is displayed for the first time on the web page.

2. In order to ensure that information on fuel consumption and CO2 emissions of new passenger cars is made available when such cars are offered for sale and lease in the Community by electronic means Member States should take the necessary measures to ensure that electronic, magnetic or optical storage media used for the marketing, advertising and promotion of new passenger cars to the general public contains the following information: "Further information on specific fuel consumption and specific CO2 emissions of new passenger cars is given in (... reference to name of the guide ...) which can be obtained free of charge at all points of sale and (... reference to national designated body/or direct link to the organisation charged with the distribution by electronic means ...)."

If the electronic, magnetic or optical storage media used for the marketing, advertising and promotion refer to any particular new passenger car model, or version or variant, Member States should take the necessary measures to ensure that those media contain at least the official specific fuel consumption (combined test cycle) and official specific CO2 emission figure (combined test cycle) of the vehicle to which they refer, expressed in the same way as on the national label established under Directive 1999/94/EC.

If the electronic, magnetic or optical storage media only contains reference to the make, and not to any particular model, then fuel consumption and specific CO2 emission data need not be provided.

The statement referred to in the first paragraph may be provided in an oral or visual manner. In any case the information should be easy to understand, even on superficial contact, and no less prominent than the main part of the information provided.

3. Member States should ensure that information on the fuel consumption and specific CO2 emissions of all new passenger cars marketed throughout their territories is available by electronic means.

4. For the purpose of this Recommendation:

1. "distribution by electronic means" means that the information is sent initially and received at its destination by means of electronic equipment for processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;

2. "promotional material" means any form of information used in the marketing, advertising and promotion of new passenger cars for sale or lease to the general public. It includes, text and pictures on web pages of which the content is under legal control of vehicle manufacturers or companies, organisations and persons which offer new passenger cars for sale and lease, as well as web pages of trade fairs where new passenger cars are presented to the general public;

3. "recipient of the communication" means any natural or legal person who takes notice of promotional material, in particular for the purposes of seeking information;

4. "electronic, magnetic or optical storage media" means any physical material on which information can be electronically recorded and which can serve as information tool for the general public.

This Recommendation does not apply to:

- radio broadcasting services,

- television broadcasting services covered by Article 1 of Council Directive 89/552/EEC(3), as amended by Directive 97/36/EC(4).

5. This Recommendation is addressed to the Member States.

Done at Brussels, 26 March 2003.

For the Commission

Margot Wallström

Member of the Commission

(1) OJ L 12, 18.1.2000, p. 16.

(2) OJ L 203, 1.8.2002, p. 30.

(3) OJ L 192, 24.7.1990, p. 1.

(4) OJ L 202, 30.7.1997, p. 60.