No C 8/2 Official Journal of the European Communities 13.1.84 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on consumer protection in respect of the indication of 
prices for non-food products 
COM(83) 754 final 
(Submitted by the Commission to the Council on 23 December 1983) 
(84/C 8/02) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 100 and 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the preliminary programme of the European 
Economic Community for a consumer protection and 
information policy (*) provides for the establishment 
of common principles for indicating prices; 
Whereas there are substantial differences in the laws, 
regulations and administrative provisions in the 
Member States concerning the obligation to indicate 
unit prices for non-food products, and in particular in 
the categories of non-food products exempted; 
whereas these differences are liable to hinder trade, 
thereby directly affecting the operation of the 
common market; 
Whereas Council Directive 79/581/EEC (2) makes it 
compulsory to indicate the prices of foodstuffs; 
whereas the Council resolution (3) adopted on the 
same day invites the Commission to submit a proposal 
concerning the indication of the selling price and the 
unit price for non-food household products; Whereas indication of the selling price and the unit 
price of non-food products makes it easier for 
consumers to compare prices at places of sale; 
whereas it accordingly increases market transparency 
and ensures greater protection for consumers; 
Whereas the obligation to indicate these prices must 
apply in principle to all non-food products offered to 
the final consumer; whereas this obligation must also 
apply to written or printed advertising and catalogues 
wherever these give the selling prices of the products; 
Whereas the selling price and the unit price must be 
indicated in accordance with specific procedures for 
each category of products so as not to place an undue 
burden on the retailer as regards labelling; 
Whereas the obligation to indicate the unit price 
should be waived for products in respect of which 
such indication would be meaningless; notably 
products sold by individual item; 
Whereas in the case of prepackaged products the 
obligation to indicate the unit price of measurement 
should, wherever possible, be replaced by the stan­
dardization of quantities; whereas account should be 
taken of the progress made as regards the standard­
ization at Community level of quantity ranges for 
products prepackaged in pre-established quantities 
and provision should therefore be made for the 
exemption of ranges of quantities so standardized; 
C) OJ No C 92, 25. 4. 1975, p. 2. 
O OJ No L 158, 26. 6. 1979, p. 19. 
O OJ No C 163, 30. 6. 1979, p. 1. Whereas Council Directive 80/232/EEC (4), as 
amended by Directive ../.. ./EEC, lays down the 
O OJ No L 51, 25. 2. 1980, p. 1. 
13.1. 84 Official Journal of the European Communities No C 8/3 
ranges of nominal quantities and nominal capacities ( 
permitted for certain prepackaged products; 
"Whereas the exemption of ranges of quantities 
established at national level should not be allowed to 
affect trade between the Member States either ( 
directly or indirectly; whereas the national ranges of 
quantities to be exempted from unit pricing should 
therefore be determined at Community level; 
Whereas the rules laid down in this Directive are 
necessary for informing and protecting consumers 
and further the attainment of one of the objectives of 
the Community by contributing to the improvement a 
of living conditions and the harmonious development F 
of economic activities throughout the Community; * 
whereas, however, the Treaty has not provided all the 
necessary specific powers, 2 
t 
1 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive concerns the indication of the 
selling price and the unit price for non-food products * 
offered to the final consumer, or advertized 
indicating the price. • 
( 
2. This Directive shall not apply to: 
— products bought by the final consumer for the 
purposes of a trade or commercial activity, 
1 
— products supplied in the course of the provision of £ 
a service, s 
i 
— private sales, 
— sales by auction. 
Article 2 
For the purposes of this Directive: | 
1 
(a) 'products sold by individual item' means products ; 
which cannot be broken down without changing 
their nature or properties; 
(b) 'prepackaged products' means products packaged ' 
other than in the consumer's presence, whether 
such packaging encloses the product completely 
or only partially; 
(c) 'products prepackaged in pre-established 
quantities' means products prepackaged in such a 
way that the quantity in the package corresponds 
to a previously-determined amount; (d) products prepackaged in variable quantities' 
means products prepackaged in such a way that 
the quantity in the package does not correspond 
to a previously-determined amount; 
(e) 'unit price' means the price for one kilogram, one 
litre, one metre or one square metre of the 
product, subject to Article 6 (2). 
Article 3 
1. The products referred to in Article 1 must bear 
an indication of the selling price and, subject to the 
provisions of Articles 7 and 8, bear an indication of 
the unit price. 
2. The selling price and the unit price shall relate 
to the final price of the products under the conditions 
laid down by the Member States. 
Article 4 
The selling price and the unit price indicated at the 
place of sale shall be unambiguous, easily identifiable 
and clerarly legible. Each competent national 
authority may lay down the specific rules for such 
indication of prices, e.g. by means of posters, labels 
on shelves or packaging. 
Article 5 
Any written or printed advertisement or catalogue 
aimed at the final consumer which mentions the 
selling price of products referred to in Article 1 shall 
indicate the unit price, subject to Articles 7 and 8. 
Article 6 
1. The unit price shall be expressed as a price per 
litre or per cubic metre for products sold by volume, 
as a price per kilogram or per tonne for products sold 
by weight, as a price per metre for products sold by 
length and as a price per square metre for products 
sold by area. 
2. Member States may, however, allow the unit 
price to be expressed in relation to decimal multiples 
or fractions of the units referred to in paragraph 1, in 
order to take account of the quantities in which 
certain products are normally sold. 
3. The unit price of prepackaged products shall 
refer to the quantity declared in accordance with 
national and Community provisions. Where two or 
more quantities are declared on the packaging, the 
No C 8/4 'ffj 
Official Journal of the European Communities 13.1.84 
Member States may determine which one is to be 
used to calculate the unit price. 
Article 7 
1. The obligation to indicate the unit price shall be 
waived for the following products: 
(a) products sold by individual item; 
(b) products exempted from the obligation to indicate 
weight or volume; 
(c) products contained in a single package from 
which a mixture is to be prepared; 
(d) alcohol-based cosmetic products other than those 
referred to in point 7.4 of Annex I to Directive 
80/232/EEC; 
(e) proprietary medicinal product?. 
2. Products sold in quantities of 50 grams or 50 
millilitres or less or in quantities of 10 kilograms or 
10 litres or more shall be exempted from the 
obligation to indicate the unit price. 
Article 8 
The following shall be exempted from the obligation 
to indicate the unit price: 
— the products prepackaged in pre-established 
quantities listed in Annex I (points 4, 5, 6, 7, 8, 9 
and 10) to Directive 80/232/EEC, where they are 
sold in the ranges of nominal quantities of 
contents given in the said Annex, or where they 
are sold in quantities of 50 grams or 50 millitres 
or less or 10 kilograms or 10 litres or more, 
— the products prepackaged in pre-established 
quantities referred to in Annex II (point 3) and 
Annex III (points 1 and 2) to Directive 80/232/ 
EEC, where they are sold in rigid containers in 
capacity ranges given in the said Annexes and are 
not listed in Annex I to Directive 80/232/EEC. 
Article 9 
Where Community measures are adopted concerning 
the standardization of ranges of nominal quantities of 
contents relating to non-food products not referred 
to in Article 8 the Council, acting on a proposal from 
the Commission, shall, if necessary, amend Article 8. Article 10 
At the request of the Member State concerned and 
after having consulted the other Member States, the 
Commission may take a decision to exempt from the 
obligation to indicate unit prices non-food products 
prepackaged in pre-established quantities for which 
ranges of nominal quantities of contents have been 
established in that Member State, in so far as: 
— these ranges satisfy the criteria set out in the 
resolution of 19 June 1979; 
— the proposed exemption is not likely to affect 
trade between Member States either directly or 
indirectly. 
Article 11 
Member States may exempt from the obligation to 
indicate the unit price products sold by certain small 
retail businesses and passed directly by the seller to 
the buyer, where price indication: 
— is likely to constitute an excessive burden on such 
shops, or 
— appears to be impracticable owing to the number 
of products offered for sale, the sales area, its 
layout or the conditions peculiar to certain forms 
of trading such as particular types of itinerant 
trading. 
The exemptions referred to in the preceding 
paragraph shall be without prejudice to more 
stringent obligations to indicate prices existing under 
national provisions at the time of the entry into force 
of this Directive. 
Article 12 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive before 1 March 1986. 
They shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the texts of the provisions of national 
law which they adopt in the field covered by this 
Directive. 
Article 13 
This Directive is addressed to the Member States.