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Brussels, 04.04.1997 
COM(97) 136 final 
95/0148 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b(2)(d) of the EC Treaty, on the 
European Parliament's amendments to the Council's 
common position regarding the 
Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on consumer protection in the indication of the prices 
of products offered to consumers 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189a(2) of the EC Treaty 

OPINION OF THE COMMISSION 
I. REVIEW OF THE PROCEDURE 
On 12 July 1995 the Commission of the European Communities adopted the proposal 
for a Directive on consumer protection in the indication of the prices of products 
offered to consumers. The Economic and Social Committee delivered its opinion at 
its 331st plenary session of 20 and 21 December 1995, acting on a proposal from its 
rapporteur Mr Folias. 
On 18 April 1996 the European Parliament adopted a legislative resolution 
embodying the opinion of the European Parliament, acting on a proposal from its 
rapporteur, Mrs Oomen-Ruijten. Following this resolution the Commission presented 
its amended proposal on 24 June 1996. 
On 27 September 1996 the Council adopted the common position on the above-
mentioned proposal for a Directive. On the same day the Commission presented the 
European Parliament with its communication on the common position of the Council. 
Acting on a proposal from its rapporteur, Mrs Oomen Ruijten, the European 
Parliament on 18 February 1997 adopted its recommendation for the second reading 
on the common position. 
In accordance with Article 189b (2) (d) of the Treaty, the Commission must deliver 
an opinion for the attention of the Council on the amendments adopted by Parliament. 
In this particular case the opinion amends the proposal from the Commission in 
accordance with Article 189a (2). 
II. COMMENTS ON THE AMENDMENTS 
The 22 amendments adopted by the European Parliament address three main 
concerns. Most of the proposed amendments clarify the wording and flesh out the 
scope of the text. Parliament has also taken into account the particular situation of 
certain small retail businesses. However, instead of the solution in the common 
position, namely the possibility of an exemption for the Member Stales and (he option 
of proposing another system three years after the end of the transposition period, 
Parliament preferred a longer adaptation period with an obligation on the Member 
States to provide retailers with specific information on the transposition of the 
Directive. Finally, Parliament emphasised the importance of consumer information by 
providing for double pricing in euros and in national currency at the time the single 
currency is introduced. 
L Clarification and fleshing out of the text 
These modifications of a more technical nature (amendments Nos 1, 2, 3, 5, 6, 7, 8, 
11, 12, 13, 14, 17, 18, 19 and 22) do not substantially change the common position. 
The Commission has endorsed all these amendments. Some flesh out the recitals 
(amendments Nos 1, 2, 3 and 8) or delete certain recitals (amendments Nos 5, 6 and 
7) which do not contain any additional information over and above that of the 
articles themselves. Other amendments flesh out the definitions and scope of the 
common position (amendments Nos 11, 12, 13, 18 and 19) or adapt the wording of 
the common position to the Parliament's amendments (amendments Nos 6, 7, 14 and 
17). Amendment No 22 again introduces an obligation on the Member States to 
communicate in particular the penalties applicable to infringements of the national 
instruments transposing the Directive. 
Amendment No 24 was not accepted by the Commission. This amendment concerns 
the detailed procedures governing price indications. The Commission believes that 
the Member States are best qualified to regulate these matters. 
2. Small retail businesses 
Amendments Nos 10, 20 and 21 on the situation of small retail businesses have been 
accepted by the Commission. The Parliament's solution, already taken up by the 
Commission at the first reading, is to provide for a longer adaptation period than that 
initially foreseen (amendment No 20). For example, this would make it possible to 
better recoup the investment in price marking technology over an extended period. In 
this connection, amendment No 10 emphasises the importance of technological 
progress. To facilitate application of the mechanism, amendment No 21 imposes a 
special obligation on the Member States to provide particular information on the 
transposition rules to retail businesses, in particular small retailers. 
3. Introduction of the single currency 
Amendments Nos 9, 15 and 16 concern double pricing rules (euro/national currency) 
during the transitional period, in connection with the introduction of the single 
currency. These amendments have not been taken up by the Commission in this 
proposal. While emphasising that price transparency is a priority in the framework of 
implementing Economic and Monetary Union, the Commission does not consider that 
this proposal for a Directive is the appropriate place for such rules. The Commission 
believes that it is too early at this stage to lay down such details, and that 
accompanying measures should be the subject of a more general instrument. 
HI. AMENDED PROPOSAL 
Bearing in mind the above, and in accordance with Article 189a (2), the 
Commission's amended proposal adopts amendments Nos 1, 2, 3, 5, 6, 7, 8, 10, 11, 
12, 13, 14, 17, 18, 19, 20, 2 land 22. 
Amended proposal for a European Parliament and 
Council Directive on consumer protection in the indication 
of the prices of products offered to consumers 
COMMON POSITION AMENDED PROPOSAL 
THE EUROPEAN PARLIAMENT AND THE unchanged 
COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing unchanged 
the European Community, and in 
particular Article 129a (2) thereof, 
Having regard to the proposal from the unchanged 
Commission^), 
Having regard to the opinion of the unchanged 
Economic and Social Committee( ), 
Acting in accordance with the procedure unchanged 
laid down in Article 189b of the 
Treaty(3), 
1. Whereas transparent operation of the 
market and correct information is of 
benefit to consumer protection and to 
healthy competition between enterprises 
and products: 
1. Whereas consumers must be 
guaranteed a high level of protection; 
whereas the Community should 
contribute thereto by specific action 
which supports and supplements the 
policy pursued by the Member States 
regarding adequate information of 
consumers on the prices of products 
offered to them: 2. Whereas consumers must be 
guaranteed a high level of protection; 
whereas the Community should 
contribute thereto by specific action 
which supports and supplements the 
policy pursued by the Member States 
regarding precise, transparent and 
unambiguous information of consumers 
on the prices of products offered to them; 
2. Whereas the Council Resolution of 3. unchanged 
14 April 1975 on a preliminary 
1OJNoC260, 5.10.1995, p. 5. 
2OJNoC82, 19.3.1996, p. 32. 
3 Opinion of the European Parliament of 18 April 1996 (OJ No C 141, 13.5.1996, p. 191), 
Council common position of 27 September 1996 (OJ No C 333, 7.11.1996, p. 7) and 
Decision of the European Parliament of... (not yet published in the Official Journal). 
programme of the European Economic 
Community for a consumer protection 
and information policy^) and the Council 
Resolution of 19 May 1981 on a second 
programme of the European Economic 
Community for a consumer protection 
and information policy( ) provide for the 
establishment of common principles for 
indicating prices; 
3. Whereas these principles have been 4. unchanged 
established by Directive 79/581/EEC(6) 
and Directive 88/314/EEC(7) concerning 
the indication of prices of certain 
foodstuffs and non-food products; 
4. Whereas the link between the 5. unchanged 
indication of the unit price of products 
and their pre-packaging in pre-established 
quantities or capacities corresponding to 
the values of the ranges adopted at 
Community level has proved overly 
complex to apply; whereas it is thus 
necessary to abandon this link in favour 
of a new, simplified mechanism and in 
the interest of the consumer, without 
prejudice to the rules governing 
packaging standardisation; 
5. Whereas the obligation to indicate the 
selling price and the unit price 
contributes substantially to improving 
consumer information notably at the 
moment of purchasing, as this is the 
easiest way to enable consumers to 
evaluate and compare the price of 
products in an optimum manner and 
hence to make informed choices on the 
basis of simple comparisons; 6. Whereas the obligation to indicate the 
selling price and the unit price 
contributes substantially to improving 
consumer information, as this is the 
easiest way to enable consumers to 
evaluate and compare the price of 
products in an optimum manner and 
hence to make informed choices on the 
basis of simple comparisons; 
4 OJ No C 92, 25.4.1975, p. 2. 
5OJNoC 133, 3.6.1981, p. 1. 
6 OJ No L 158, 26.6.1979, p. 19. Directive as last amended by Directive 95/58/EC 
(OJNoL299, 12.12.1995, p. 11). 
7 OJ No L 142, 9.6.1988, p. 19. Directive as last amended by Directive 95/58/EC 
(OJ No L 299, 12.12.1995, p. 11). 
6. Whereas, therefore, there should be a 7. unchanged 
general obligation to indicate both the 
selling price and the unit for all products 
except for products sold in bulk, where 
the selling price cannot be determined 
until the consumer indicates how much of 
the product is required; 
7. Whereas Member States may decide deleted 
not to apply the above mentioned 
obligation to products supplied in the 
course of the provision of a service and 
for sales by auction and sales of works of 
art and antiques; 
8. Whereas it is necessary to take into deleted 
account the fact that certain products are 
customarily sold in quantities different 
from one kilogram, one litre, one metre, 
one square metre or cubic metre; whereas 
it is thus appropriate to allow Member 
States to authorise that the unit price refer 
to a decimal or submultiple of those 
quantities or to a different single unit of 
quantity, taking into account the nature of 
the product and the quantities in which it 
is customarily sold in the Member State 
concerned; 
9. Whereas the obligation to indicate the deleted 
unit price may entail an excessive burden 
for certain small retail businesses under 
certain circumstances and whereas 
Member States should therefore be 
allowed to refrain from applying this 
obligation in such cases; 
10. Whereas Member States should also 
remain free to waive the obligation to 
indicate the unit price in the case of 
products for which such price indication 
would not be significant or would be 8. Whereas Member States should also 
remain free to waive the obligation to 
indicate the unit price in the case of 
products for which such price indication 
would not be meaningful or would be 
liable to cause confusion, for instance 
when indication of the quantity is not 
relevant for price comparison purposes, 
or when different products are marketed 
in the same packaging; liable to cause confusion, for instance 
when indication of the quantity is not 
relevant for price comparison purposes, 
or when different products are marketed 
in the same packaging; 
11. Whereas in the case of non-food 9. unchanged 
products, Member States, with a view to 
facilitating application of the mechanism 
implemented, are free to draw up a list of 
products or categories of products for 
which the obligation to indicate the unit 
price remains applicable; 
12. Whereas Community-level rules can 
ensure homogenous and transparent 
information that will benefit all 
consumers in the context of the internal 
market; whereas the new, simplified 
approach is both necessary and sufficient 
to achieve this objective; 10. unchanged 
13. Whereas particular attention should 
be paid to small retail businesses; 
whereas, to this end, the Commission 
should, in its report on the application of 
this Directive to be presented no later 
than five years after publication thereof 
in the Official Journal of the European 
Communities, take particular account of 
the experience gleaned in the application 
of this Directive by small retail 
businesses, inter alia regarding trends and 
technological development in selling 
methods, 11. Whereas particular attention should 
be paid to the adjustments which have to 
be made in small retail businesses, in 
particular taking into account 
technological developments and the 
planned timetable for introduction of the 
single currency: whereas to this end the 
Commission shall, one year before the 
final deadline for general application of 
the mechanism, present a report assessing 
the situation: 
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
The purpose of this Directive is to unchanged 
stipulate the indication of the selling 
price and the price per unit of 
measurement of products offered by 
traders to consumers in order to improve 
consumer information and to facilitate 
companion of price» 
Article 2 
For the purpose of this Directive: 
a) selling price shall mean the price for a 
unit of the product or a given quantity to 
the product; 
b) unit price shall mean the price for one 
kilogram, one litre, one metre, one square 
metre or cubic metre of the product; a) 'selling price' shall mean the final 
price for a unit of the product, including 
VAT, all other taxes and the costs of all 
services which the consumer is obliged to 
pay for in addition: 
b) 'unit price' shall mean the final price. 
including VAT, all other taxes and the 
costs of all services which the consumer 
is obliged to pay for in addition, for one 
kilogram, one litre, one metre, one square 
metre, one cubic metre or one item of the 
product or any other quantity which is 
widely and customarily used in the 
Member States in the marketing of 
specific products: 
c) products sold in bulk shall mean 
products which are not pre-packaged and 
are measured in the presence of the 
consumer; unchanged 
d) trader shall mean any natural or legal unchanged 
person who sells or offers for sale 
products which fall within his 
commercial or professional activity; 
e) consumer shall mean any natural 
person who buys a product for purposes 
that do not fall within the sphere of his 
commercial or professional activity; unchanged 
Article 3 
1. The selling price and the unit price 
shall be indicated for all products referred 1. The selling price and the unit price 
shall be indicated for all products referred 
to in Article 1, the indication of the unit to in Article 1, the indication of the unit 
price being subject to the provisions of price being subject to the provisions of 
Article 7. Article 6. 
2. Member States may decide not to 2. Member States may decide not to 
apply paragraph 1 to: apply paragraph 1 to: 
- products supplied in the course of the - products supplied in the course of the 
provision of a service, provision of a service, 
- sales by auction and sales of works of - sales by auction and sales of works of 
art and antiques. art and antiques. 
Member States may decide not to apply 
the obligation to indicate the unit price 
to: 
- products sold in vending machines. 
- itinerant traders and personal in-home 
sales: 
- foodstuffs sold in catering 
establishments, cinemas and theatres 
houses, cinemas and theatres, educational 
establishments, recreational 
establishments, staff shops at the 
workplace, hospitals, canteens and 
similar institutions: 
3. For products sold in bulk, only the unit unchanged 
price must be indicated. 
4. Any advertisement which mentions the 
selling price of products referred to in 
Article 1 shall also indicate the unit price 
subject to Article 7. 4. Any advertisement which mentions the 
selling price of products referred to in 
Article 1 shall also indicate the unit price 
subject to Article 6. 
Article 4 
1. The selling price and the unit price unchanged 
must be unambiguous, easily identifiable 
and clearly legible. 
2, The selling price and the unit price deleted 
shall relate to the final price of the 
product under the conditions laid down 
by the Member States. 
3. The unit price shall refer to a quantity 2. unchanged 
declared in accordance with national and 
Community provisions. 
Where national or Community provisions 
require the indication of the net weight 
and the net drained weight for certain 
pre-packed products, it shall be sufficient 
to indicate the unit price of the net 
drained weight. 
Articles 
Member States shall lay down detailed unchanged 
rules (e.g. marking or labelling) for 
indicating prices. 
Article 6 
Members States may stipulate that the deleted 
unit price shall refer to a decimal 
multiple or submultiple of the quantities 
referred to in Article 2 (b) or to a single 
unit of quantity which is different from 
those referred to in Article 2 (b), taking 
into account the nature of the product and 
the quantities in which it is customarily 
sold in the Member State concerned. 
Article 7 Article 6 
1. Member States may waive the 1. Member States may waive the 
obligation to indicate the unit price of obligation to indicate the unit price of 
products for which such indication would products for which such indication is 
not be significant because of the meaningless because of the products' 
products' nature or purpose or would be nature or purpose or would be liable to 
liable to create confusion. create confusion. 
2. Member States may waive the deleted 
obligation to indicate the unit price of the 
products for which indication of length, 
mass, surface or volume is not required 
by national or Community provisions. 
This applies in particular to products sold 
by individual item or singly. 
3. With a view to implementing 
paragraphs 1 and 2, Member States may, 
in the case of non-food products, 
establish a list of the products or product 
categories to which the obligation to 
indicate the unit price shall remain 
applicable. 2. With a view to implementing 
paragraph 1. Member States may, in the 
case of non-food products, establish a list 
of the products or product categories to 
which the obligation to indicate the unit 
price shall remain applicable. 
Article 8 Article 7 
Member States may provide that the 
obligation to indicate the umt price of 
products other than those sold in bulk, 
which are sold in certain small retail 
businesses, shall not apply, subject to 
Article 13, if the obligation to indicate 
the unit price would constitute an 
excessive burden for these businesses 
because of the number of products on 
sale, the sales area, the nature of the place 
of sale, specific conditions of sale where 
the product is not directly accessible for 
the consumer or certain forms of 
business, such as certain types of itinerant 
trade. Members States may provide that the 
obligation to indicate the unit price of 
products other than those marketed in 
bulk which are sold by certain small retail 
businesses shall apply at the latest six 
years after publication of this Directive, 
if the obligation to indicate the unit price 
from the date provided for in Article 12 
(I) is likely to constitute an excessive 
burden for these businesses. 
Article 8 
Member States shall provide appropriate 
measures to inform retailers of the 
national law transposing this Directive. In 
particular. Member States shall work 
with professional organisations to provide 
appropriate information to ensure that 
small retailers are adequately informed of 
10 
the provisions of this Directive. 
Article 9 
Member States shall lay down penalties unchanged 
for infringements of national provisions 
adopted in application of this Directive, 
and shall take all necessary measures to 
ensure that these are enforced. These 
penalties must be effective, proportionate 
and dissuasive. 
Article 10 
1. The transition period of nine years unchanged 
mentioned in Article 1 of Directive 
95/58/EC of the European Parliament and 
of the Council of 29 November 1995 
amending Directive 79/581/EEC on 
consumer protection in the indication of 
the prices of foodstuffs and Directive 
88/314/EEC on consumer protection in 
the indication of the prices of non-food 
products(8) shall be extended until the 
date referred to in Article 12 (1) of this 
Directive. 
2. Directives 79/5 81/EEC and unchanged 
88/314/EEC shall be repealed with effect 
from the date referred to in Article 12 (1) 
of this Directive. 
Article 11 
This Directive shall not prevent Member unchanged 
States from adopting or maintaining 
provisions which are more favourable as 
regards consumer information and 
comparison of prices, without prejudice 
to their obligations under the Treaty. 
OJNoL299, 12.12.1995, p. 11. 
11 
Article 12 
1. Member States shall bring into force unchanged 
the laws, regulations and administrative 
provisions necessary to comply with this 
Directive not later than ...(*). They shall 
forthwith inform the Commission 
thereof. The provisions adopted shall be 
applicable as of that date. 
When Member States adopt these unchanged 
measures, they shall contain a reference 
to this Directive or shall be accompanied 
by such reference at the time of their 
official publication. The methods of 
making such reference shall be laid down 
by Member States. 
2. Member States shall communicate to unchanged 
the Commission the text of the provisions 
of national law which they adopt in the 
field governed by this Directive. 
3. Member States shall communicate the 
provisions governing the penalties 
provided for in Article 9. and any later 
amendments thereto. 
Article 13 
The Commission shall, not more than 
three years after the date referred to in 
Article 12 (1), submit to the European 
Parliament and the Council a 
comprehensive report on the application 
of this Directive, in particular on the 
application of Article 8, accompanied, if 
appropriate, by a proposal. The Commission shall, not more than 
three years after the date referred to in 
Article 12 (1), submit to the European 
Parliament and the Council a 
comprehensive report on the application 
of this Directive, in particular on the 
application of Article 7, accompanied, if 
appropriate, by a proposal. 
The European Parliament and the Council The European Parliament and the Council 
shall, on this basis, re-examine the shall, on this basis, re-examine the 
24 months following the date of publication in the Official Journal. 
12 
provisions of Article 8. provisions of Article 7. 
Article 14 
This Directive shall enter into force on unchanged 
the day of its publication in the Official 
Journal of the European Communities. 
Article 15 
This Directive is addressed to the unchanged 
Member States. 
Done at Brussels, 
For the European Parliament For the Council, 
The President The President 
13 
ISSN 0254-1475 
COM(97) 136 final 
DOCUMENTS 
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ISBN 92-78-17525-0 
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