COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 31.03.1998 
COM(1998) 217 final 
96/0161 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on the sale of consumer goods and 
associated guarantees 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

Explanatory memorandum 
I. OVERVIEW OF THE PROCEDURE 
On 18 June 1996 the Commission of the European Communities adopted the proposal for 
a Directive on the sale of consumer goods and associated guarantees, which was 
transmitted to the European Parliament and Council on 23 August 1996. 
It was presented to the Consumer Affairs Council of 25 November 1996. 
The Economic and Social Committee delivered its opinion at its 340th plenary session on 
27 and 28 November 1996, acting on a proposal from its rapporteur MrEttl and co-
rapporteur Mr Folias. 
The proposal for a Directive was discussed at the Consumer Affairs Council of 
3 November 1997. 
On 10 March 1998 the European Parliament adopted a legislative resolution embodying 
Parliament's opinion, acting on a proposal from its rapporteur, Mrs Kuhn. In this 
resolution the Parliament invited the Commission to modify its proposal on the basis of 
the proposed amendments. 
II. COMMENTS ON THE AMENDMENTS 
The European Parliament's amendments can be grouped into several categories. Notably 
they concern the proposal's scope, the notion of conformity, the consumer's rights, how 
these rights are exercised in practice, the producer's obligations, commercial guarantees 
and the final provisions. 
1. Scope 
Amendments 2, 11, 12, 13, 14, 15, 16 and 17 concern the scope of the proposal for a 
Directive. The Commission has fully integrated amendments 11, 14, 15 and 17. 
Amendments 12 and 16 were integrated with a drafting modification. In amendment 12 
the words "excluding buildings" were deleted, because this exclusion is already covered 
by the expression "moveable goods". In the case of amendment 16 the expression 
£ 
"and/or" is to be avoided. In this definition is enough to write "or", because this is not an 
alternative "or", but a cumulative one. 
Amendments 2 and 13 were partly integrated. As regards amendment 2, the term 
"contracts of hire" was deleted, because to include them would alter the scope of the 
Directive, something which cannot be done within a recital. The term "statutory activity" 
was rejected. Article 1(2) (c) of the initial proposal corresponds to the traditional 
definitions of the existing directives. Hence changes should be restricted to a minimum. 
The part of the amendment which aims to include contracts for the exchange of assets in 
the scope meets a practical need. On the contrary, it is not necessary to include statutory 
activity, given the minor importance of such a modification in practice. 
Finally, the Commission rejected amendment 1. However, the Directive's reasoning is 
based on two strands, the internal market but also the consumer protection. Taking into 
account Parliament's intention to strengthen the consumer policy strand, the Commission 
has integrated a new recital into the amended proposal incorporating the wording of 
Article 129a. 
2. Notion of conformity 
Amendments 18, 19, 20, 21, 22 and 23 concern the notion of conformity. The 
Commission has integrated amendments 19, 20, 21 and 23. 
Amendments 18 and 22 were rejected because they are foreign to this notion of 
conformity as set out in Article 2. The intention of amendment 18 is already covered by 
Article 2(2)(d). Moreover, it is unusual in commercial practice for a producer to present 
the consumer with a sample or model. The elements mentioned in amendment 22 are 
covered by Article 2(2)(d), which concerns the quality aspects, while Article 2(2)(b) 
concerns normal use of the good. 
3. The consumer's rights 
Amendments 24, 26, 29 and 45 concern the consumer's rights. The Commission has 
accepted amendments 29 and 45. 
Amendments 24 and 26 could only be partly integrated. As regards amendment 24, it is 
preferable not to refer to "actual" delivery. The term delivery on its own gives the 
Member States an adequate margin for transposition, without broaching the general 
problem of the transfer of risks, one which is regulated in very different ways and in 
copious detail in domestic legislation. The part of amendment 26 deleting the second and 
third indents has not been integrated. These restrictions limit the general liability of the 
seller for public statements made by the producer or his representative and are special 
expressions of the general principle of good faith. 
4. Exercising rights in practice 
Amendments 7, 27, 29, 30, 32 and 33 concern the way the consumer's rights are 
exercised in practice. The Commission has integrated amendments 7, 29, 30, 32 and 33. 
3 
Amendment 27 has not been integrated for the same reason linked to the principle of 
subsidiarity already mentioned in connection with amendment 24. The term delivery on 
its own gives the Member States an adequate margin for transposition, without broaching 
the general problem of the transfer of risks, one which is regulated in very different ways 
and in copious detail in domestic legislation. 
Article 4 of the original proposal has been deleted. This proposal was designed to balance 
consumers' freedom to choose between their four rights. Since this free choice has been 
restricted by the introduction of a hierarchy of consumer rights, together with criteria also 
restricting the consumer's choice in regard to his first two rights, the provision of Article 
4(1) is no longer justified. Article 4(2) is in contradiction with amendment 33, which is 
now the new Article 5, and should therefore be deleted. 
5. The producer's obligations 
Amendments 3, 4, 5, 10 and 25 concern the producer's liability. The Commission 
considers that it is preferable to leave this to the Member States. As mentioned in the 
penultimate recital, an amendment might be envisaged in the light of experience gained 
in implementing the Directive. Moreover, consumer rights and the current system of this 
Directive in general are not adapted to the introduction of this approach. 
Amendments 6 and 48 concern the producer's obligation to indicate a contact address 
from which consumers can obtain information to support their claims. These amendments 
have not been integrated. The system introduced by these amendments might obstruct the 
internal market. 
Finally, amendment 31 concerns the relations between the producer and the seller. The 
second part of this amendment has not been integrated by the Commission. It introduces 
a clause similar to Article 6(1) of the original proposal in favour of the seller, which is 
not justified. The need to protect professional sellers is less important than the need to 
protect the consumer. In the national legal orders relations between professionals are 
normally governed by freedom of contract. 
6. Commercial guarantees 
Amendments 8 and 36 concerning the commercial guarantees were accepted. 
7. Final provisions 
Amendment 9 concerns consumer information on the seller's after-sales service; 
amendment 38 concerns general measures to advise consumers of their rights. 
Amendment 38 has been integrated by the Commission. On the contrary, amendment 9, 
which refers to an amendment by the European Parliament which has not been adopted, 
has not been included because it does not correspond to a provision in the operative part 
of the proposal. 
<* 
Amendment 39 mandating the Commission to report on the application of the Directive 
has not been accepted. Such a report is not necessary unless it concerns a specific subject, 
with a concrete perspective. Moreover, since the transposition provisions have to be 
integrated into a very large and complex field of national civil law, the time limit of two 
years will be far too short to analyse experiences in applying the Directive. 
Amendment 40 introduces this proposal for a Directive into the Annex to the Directive 
on injunctions for the protection of consumer's interests. For reasons of legislative 
technique the amendment has been accepted with drafting emendations. 
Amendment 42 on the clause concerning private international law in the proposal for a 
Directive has been integrated. 
Amendment 43 concerns remedies; it has not been included. This problem is too complex 
and touches on too many questions that lie outside the scope of this proposal for it to be 
regulated in this context. 
.r 
III. OVERVIEW 
COMMISSION'S OPINION IN REGARD TO THE 
PROPOSED PARLIAMENTARY AMENDMENTS 
Amend­
ment No 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 Provisions concerned 
First citation 
Recital 3 a (new) 
Recital 6 
Recital 6 a (new) 
Recital 7 
Recital 7 a (new) 
Recital 8 
Recital 9 
Recital 10 a (new) 
Recital 11 
Article 1, paragraph 2, point 
a) 
Article 1, paragraph 2, point 
b) 
Article 1, paragraph 2, point 
c) 
Article 1, paragraph 2, point 
d) 
Article 1, paragraph 2, point 
d) a (new) 
Article 1, paragraph 2, point 
d) a (new) 
Article 1, paragraph 2 a 
(new) 
Article 2, paragraph 2, point 
a) 
Article 2, paragraph 2 , 
point c) 
Article 2, paragraph 2, point 
d) 
Article 2, paragraph 2 a 
(new) 
Article 2, paragraph 2 b 
(new) Commission 
Refused 
Accepted 
provided an 
element is 
deleted 
Refused 
Refused 
Refused 
Refused 
Accepted 
Accepted 
Refused 
Refused 
Accepted 
Accepted with 
drafting 
emendation 
Partly accepted 
Accepted 
Accepted 
Accepted with 
drafting 
emendation 
Accepted 
Refused 
Accepted 
Accepted 
Accepted 
Refused New numbering 
Recital 5 
Recital 10 
Recital 11 
Article 1, paragraph 2, 
point a) 
Article 1, paragraph 2, 
point b) 
Article 1, paragraph 2, 
point c) 
Article 1, paragraph 2, 
point d) 
Article 1, paragraph 2, 
point e) 
Article 1, paragraph 2, 
point f) 
Article 1, paragraph 3 
Article 2, paragraph 2, 
point c) 
Article 2, paragraph 2, 
point d) 
Article 2, paragraph 3 
c 
23 
24 
25 
26 
27 
29 
30 
31 
32 
33 
36 
38 
39 
40 
42 
43 
45 
48 Article 2, paragraph 3 
Article 3, paragraph 1 
Article 3, paragraph 1 a 
(new) 
Article 3, paragraph 2 
Article 3, paragraph 3 
Article 3 , paragraph 4, 
second subparagraph a 
(new) 
Article 3, paragraph 4, 
second subparagraph b 
(new) 
Article 3, paragraph 5 
Article 3 a (new) 
Article 3 b (new) 
Article 5 
Article 5 b (new) 
Article 5 c (new) 
Article 5 d (new) 
Article 6, paragraph 2 
Article 7, paragraph 2 
Article 3, paragraph 4 
Article 3 c (new) Accepted 
Partly accepted 
Refused 
First part only 
accepted 
Refused 
Accepted 
Accepted 
First part only 
accepted 
Accepted 
Accepted with 
amendment 
Accepted 
Accepted 
Refused 
Accepted with 
drafting 
emendation 
Accepted 
Refused 
Accepted 
Refused Article 2, paragraph 4 
Article 3, paragraph 1 
Article 3, paragraph 2, first 
indent. 
Article 3, paragraph 5 
Article 3, paragraph 6 
Article 3, paragraph 7 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9, paragraph 2 
Article 10 
Article 3, paragraph 4 
This table shows that the Commission accepted 26 out of the 40 amendments approved 
by the European Parliament, some of which have been accepted either partly or with 
drafting emendations, or with modifications to the substance. 
> 
Amended proposal for a European Parliament and Council Directive on 
the sale of consumer goods and associated guarantees 
THE EUROPEAN PARLIAMENT AND 
THE COUNCIL OF THE EUROPEAN 
UNION 
Having regard to the Treaty establishing Unchanged 
the European Community, and in 
particular Article 100a thereof, 
Having regard to the proposal from the 
Commission, 
Having regard to the opinion of the 
Economic and Social Committee, 
Acting in accordance with the procedure 
referred to in Article 189b of the Treaty, 
Whereas the Community contributes to the 
attainment of a high level of consumer 
protection through the measures it adopts in 
the framework of completing the internal 
market; 
Whereas the internal market comprises an Unchanged 
area without internal frontiers in which the 
free movement of goods, persons, services 
and capital is guaranteed; whereas free 
movement of goods concerns not only 
persons acting in the course of business 
but also private individuals; whereas it 
implies that consumers resident in one 
Member State should be free to purchase 
goods in the territory of another Member 
State on the basis of a minimum set of fair 
rules governing the purchase of consumer 
goods; 
Whereas the laws of the Member States 
concerning the sale of consumer goods are 
quite disparate, with the result that 
national consumer goods markets differ 
from one another and that competition 
between sellers may be distorted; Unchanged 
r 
Whereas consumers who are keen to Unchanged 
benefit from the large market by 
purchasing goods in Member States other 
than their State of residence play a 
fundamental role in the completion of the 
internal market by preventing the artificial 
reconstruction of new frontiers and the 
compartmentalization of markets; whereas 
these opportunities have been greatly 
broadened by new communication 
technologies which allow ready access to 
distribution systems in other Member 
States or at international level; whereas in 
the absence of minimum harmonisation of 
the rules governing the purchase of 
consumer goods, the development of the 
sale of goods through the medium of new 
distance communication technologies risks 
being impeded; 
Whereas the sale of consumer goods should 
cover all types of contract whereby goods 
are supplied by the seller to the consumer, 
including contracts where goods are 
supplied in exchange for another asset in 
place of the purchase price and contracts 
where payments are made by instalments 
and ownership of the goods is not 
transferred to the consumer until all 
instalments due have been paid; 
Whereas the creation of a common Unchanged 
minimum corpus of consumer law, valid 
no matter where goods • are purchased 
within the Community, will further 
strengthen consumer confidence and 
enable consumers to make the most of the 
internal market; 
9 
Whereas the main difficulties encountered Unchanged 
by consumers and the main source of 
disputes with sellers concern the 
non-conformity of goods with the contract; 
whereas it is therefore appropriate to 
approximate national legislation governing 
the sale of consumer goods in this respect, 
without however impinging on provisions 
and principles of national law relating to 
contractual and non-contractual liability; 
Whereas the goods must, above all, Unchanged 
conform with the contractual 
specifications; whereas the notion of 
conformity with the contract may be 
considered as common to the different 
national legal traditions; whereas the seller 
should be directly liable to the consumer 
for the conformity of the goods with the 
contract; whereas this is the traditional 
solution enshrined in the legal orders of 
the Member States; whereas, nevertheless, 
the seller should be free to pursue 
remedies against his own seller or the 
producer when the non-conformity is the 
result of ah act of commission or omission 
on their part; 
Whereas the goods must, above all, Unchanged 
conform with the contractual 
specifications; whereas the notion of 
conformity with the contract may be 
considered as common to the different 
national legal traditions; whereas the seller 
should be directly liable to the consumer 
for the conformity of the goods with the 
contract; whereas this is the traditional 
solution enshrined in the legal orders of 
the Member States; whereas, nevertheless, 
the seller should be free to pursue 
remedies against his own seller or the 
producer when the non-conformity is the 
result of an act of commission or omission 
on their part; 
Jo 
Whereas, in the case of non-conformity of Unchanged 
the product with the contract, consumers 
should be entitled to request that the 
product be repaired or replaced, or to a 
reduction in the price paid by way of 
damages or cancellation of the contract of 
sale; whereas, however, exercise of these 
rights should be limited in time and time 
limits laid down during which these rights 
may be invoked against the seller; 
Whereas, in the interest of a stable Deleted 
business environment and good faith in the 
relations between the Contracting Parties, 
it should be incumbent on the consumer to 
notify the seller of any non-conformity he 
detects within a short period; whereas in 
order to allow the parties to reach amicable 
settlements without immediately having to 
institute legal proceedings to safeguard 
their rights the limitation period should be 
interrupted once the consumer draws 
attention to the lack of conformity of the 
goods; 
Whereas it is current practice, for certain 
categories of goods, for sellers and 
producers to offer guarantees on their 
products designed to insure consumers 
against any defect which becomes 
manifest within a certain period; whereas 
this practice can stimulate competition; 
whereas, however, these guarantees may 
be a simple publicity ploy and deceive the 
consumer; whereas to ensure market 
transparency certain common principles 
applicable to the guarantees offered by the 
economic operators should be laid down; Whereas it is current practice, for certain 
categories of goods, for sellers and 
producers to offer commercial guarantees 
on their products designed to insure 
consumers against any defect which 
becomes manifest within a certain period; 
whereas this practice can stimulate 
competition; whereas, however, these 
guarantees may be a simple publicity ploy 
and deceive the consumer; whereas to 
ensure market transparency certain common 
principles applicable to the guarantees 
offered by the economic operators should 
be laid down; 
// 
Whereas the rights granted to consumers Unchanged 
should not be excludable by common 
consent between the parties since 
otherwise the legal protection afforded 
would be vitiated; whereas consumers 
should always be entitled to rely on the 
rights resulting from this Directive or any 
other applicable national provision, even if 
they accept the implementation of the 
guarantee; whereas consumer protection 
resulting from this Directive should not be 
reduced on the grounds that the law of a 
non-member country is applicable to the 
contract; 
Whereas legislation and case-law in this 
area in the various Member States show 
that there is growing concern to ensure a 
high level of consumer protection; whereas 
in the light of these trends and the 
experience acquired in implementing this 
Directive it may be necessary to envisage 
more far-reaching harmonisation, notably 
by stipulating the producer's direct liability 
for defects for which he is responsible; Unchanged 
Whereas Member States must be allowed 
to adopt or maintain in force more 
stringent provisions, in the field covered 
by this Directive, to ensure a yet higher 
level of consumer protection, Unchanged 
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
Scope and definitions 
1. The purpose of this Directive is the Unchanged 
approximation of the laws, regulations and 
administrative provisions of the Member 
States on the sale of consumer goods and 
associated guarantees in order to ensure a 
uniform minimum level of consumer 
protection in the context of the internal 
market. 
/JL 
2. For the purposes of this Directive, 
(a) "Consumer" means any natural person 
who, in the contracts covered by this 
Directive, is acting for purposes which are 
not directly related to his trade, business or 
profession; 
(b) "Consumer goods" means any goods, 
excluding buildings, normally intended for 
final use or consumption; 
(c) "Seller" means any natural or legal 
person who sells consumer goods in the 
course of his trade, business or profession; 
(d) "Guarantee" means any additional 
undertaking given by a seller or producer, 
over and above the legal rules governing 
the sale of consumer goods, to reimburse 
the price paid, to exchange, repair or 
handle a product in any way, in the case of 
non-conformity of the product with the 
contract. Unchanged 
(a) "Consumer" means any natural person 
who, in the contracts covered by this 
Directive, is acting for purposes which are 
not directly related to his trade, business or 
profession; 
(b) "Consumer goods" means any moveable 
goods that are supplied by sellers to 
consumers; 
(c) "Seller" means any natural or legal 
person who sells consumer goods in the 
course of his trade, business or profession 
or supplies them in exchange for another 
asset in place of the purchase price; 
(d) "Commercial guarantee" means any 
special undertaking given by a seller or 
producer to put things right if the goods do 
not match the characteristics described in 
the guarantee statement or the relevant 
advertising. 
e) "Manufacturer" means the manufacturers 
of the goods, the persons importing the 
goods into Community territory, or any 
persons purporting to be the manufacturer 
by putting their name, trade mark or other 
distinguishing mark on the goods. 
f) "Manufacturer's representative" means 
the natural or legal person who acts as the 
official distributor or official service 
provider of the manufacturer, with the 
exception of independent sellers who 
operate exclusively as retailers; 
3. Contracts for the delivery of goods to be 
manufactured or produced shall be equated 
with purchase contracts. 
12 
Article 2 
Conformity with the contract 
1. Consumer goods must be in conformity Unchanged 
with the contract of sale. 
2. Goods shall be deemed to be in Unchanged 
conformity with the contract if, at the 
moment of delivery to the consumer: 
(a) they comply with the description given Unchanged 
by the seller and possess the qualities of 
the goods which the seller has held out to 
the consumer as a sample or model; 
(b) they are fit for the purposes for which Unchanged 
goods of the same type are normally used; 
(c) they are fit for any particular purpose 
for which the consumer requires them and 
which he had made known to the seller at 
the time of conclusion of the contract, 
except where the circumstances show that 
the buyer did not rely on the seller's 
explanations; 
(d) their quality and performance are 
satisfactory given the nature of the goods 
and the price paip! and taking into account 
the public statements made about them by 
the seller, the producer or his 
representative. (c) they are fit for any particular purpose for 
which the consumer requires them and 
which he had made known to the seller at 
the time of conclusion of the contract; 
3. Any lack of conformity resulting from 
incorrect installation of the goods shall be 
considered to be equivalent to lack of 
conformity of the goods with the contract, 
if the goods were installed by the seller or 
under his responsibility. d) their quality and performance are such as 
consumers were entitled to expect, partly on 
the grounds of the public statements made 
about the product in advertising or labelling 
by the seller, the producer or his 
representative. 
3. Goods shall be deemed to be in 
conformity with the contract as defined in 
this Article if at the time of purchase the 
consumer agreed to conclude the contract 
although aware of the lack of conformity. 
4. Any lack of conformity resulting from 
incorrect installation of the goods shall be 
considered to be equivalent to lack of 
conformity of the goods with the contract, if 
the goods were installed by the seller or 
under his responsibility. This shall apply 
equally if the product is installed by the 
consumer and the incorrect installation is 
due to a lack of conformity in the written 
installation instructions. 
/V 
1. The seller shall be liable to the consumer 
for any lack of conformity which exists 
when the goods are delivered to the 
consumer and which becomes manifest 
within a period of two years. Article 3 
Obligations of the seller 
1. The seller shall be liable to the 
consumer for any lack of conformity 
which exists when the goods are delivered 
to the consumer and which becomes 
manifest within a period of two years 
unless, at the moment of conclusion of the 
contract of sale, the consumer knew or 
could not be unaware of the lack of 
conformity. 
2. When the goods are not in conformity Unchanged 
with the public statements made by the 
producer or his representative, the seller 
shall not be liable if: 
- the seller shows that he did not know and - the seller shows that he did not know and 
could not reasonably know the statement could not know the statement in question, 
in question, 
- the seller shows that at the time of sale he Unchanged 
corrected the statement, or 
- the seller shows that the decision to buy Unchanged 
the goods could not have been influenced 
by the statement. 
3. Until proof of the contrary any lack of Unchanged 
conformity which becomes manifest 
within six months of delivery shall be 
presumed to have existed at the time of 
delivery, unless this presumption is 
incompatible with the nature of the goods 
or the nature of the lack of conformity. 
x 
4. When a lack of conformity is notified to 
the seller, pursuant to Article 4, the 
consumer shall be entitled to ask the seller 
either to repair the goods free of charge 
within a reasonable period, or to replace 
the goods, when this is possible, or to 
demand an appropriate price reduction or 
rescission of the contract. Exercise of the 
right of rescission or replacement of the 
good is limited to one year. 
Member States may provide that the scope 
of the rights referred to in the first 
subparagraph be limited in the case of a 
minor lack of conformity. 4. When a lack of conformity is notified to 
the seller, the seller must without 
unreasonable delay offer to repair the goods 
free of charge within a reasonable period, or 
to replace the goods. The consumer shall 
have the right to choose either of these 
claims unless, in view of the particular 
nature of the case, only one specific claim 
appears economically appropriate having 
regard to the seller's interests, and 
reasonable to the consumer. The consumer 
need not accept an offer to repair the goods 
when this results in a reduction in their 
value; in such a case he may demand a 
replacement. 
If neither of these is possible, or if the lack 
of conformity is not made good after the 
attempted repair, the purchaser shall have 
the right to demand an appropriate 
reduction of the purchase price or rescission 
of the contract. 
5. When the final seller is liable to the 
consumer because of a lack of conformity 
resulting from an act of commission or 
omission by the producer, a previous seller 
in the same chain of contracts or any other 
intermediary, the final seller shall be 
entitled to pursue remedies against the 
responsible person, under the conditions 
laid down by national law. 5. The same provisions shall apply to goods 
supplied by way of replacement as to newly 
purchased goods. 
Where the goods are replaced, the guarantee 
period pursuant to paragraph 1 shall 
recommence. Where a defect is remedied, 
this guarantee period shall recommence in 
respect of the remedied defect. 
6.The seller shall bear any costs incurred, 
such as for transport, travelling, labour or 
materials. 
7. When the final seller is liable to the 
consumer because of a lack of conformity 
resulting from an act of commission or 
omission by the producer, a previous seller 
in the same chain of contracts or any other 
intermediary, the final seller shall be 
entitled to pursue remedies against the 
persons liable, under the conditions laid 
down by national law. 
ic 
Article 4 
Payment by instalments 
If the seller and consumer agree to payment 
by instalments, such payments may be 
suspended until a lack of contractual 
conformity is put right. 
Article 5 
Suspension of periods of liability 
Where the consumer notifies the seller of a 
lack of conformity, the period under Article 
3(1) shall be suspended until the seller's 
obligations are fulfilled. If the consumer has 
recourse to an existing extrajudicial 
complaints system in the Member States or 
takes legal action, the period under Article 
3(1) shall likewise be suspended until a 
decision is taken under the extrajudicial 
complaints system or a judicial decision is 
made. 
Article 4 
Obligations of the consumer Deleted 
1. In order to «benefit from the rights Deleted 
referred to in Article 3 (4) the consumer 
must notify the seller of any lack of 
conformity within a period of one month 
from the date on which he detected the 
lack of conformity or ought normally to 
have detected it. 
2. Notifications made pursuant to 
paragraph 1 shall interrupt the limitation 
period provided for in Article 3 (4). Deleted 
a 
Article 5 Article 6 
Guarantees 
1. Any guarantee offered by a seller or 
producer shall legally bind the offerer 
under the conditions laid down in the 
guarantee document and the associated 
advertising and must place the beneficiary 
in a more advantageous position than that 
resulting from the rules governing the sale 
of consumer goods set out in the national 
provisions applicable. 
2. The guarantee must feature in a written 
document which must be freely available 
for consultation before purchase and must 
clearly set out the essential particulars 
necessary for making claims under the 
guarantee, notably the duration and 
territorial scope of the guarantee, as well 
as the name and address of the guarantor. Commercial guarantees 
1. Any guarantee offered shall legally bind 
the offerer under the conditions laid down 
in the guarantee document and the 
associated advertising and must place the 
beneficiary in a more advantageous position 
than that resulting from the rules governing 
the sale of consumer goods set out in the 
national provisions applicable. 
2. The guarantee must feature in a written 
document which must be freely available 
for consultation before purchase and must 
clearly set out the essential particulars 
necessary for making claims under the 
guarantee, notably the duration and 
territorial scope of the guarantee, the name 
and address of the person to be contacted, 
the procedure to be followed in order to 
make a claim under the guarantee, as well 
as the name and address of the guarantor. It 
must also advise consumers that they have 
legal rights and that the guarantee does not 
affect those rights in any way. A guarantee 
only on specific parts of the product must 
clearly indicate this limitation, otherwise 
the limitation shall be invalid. 
Article 7 
Consumer information 
Member States shall provide measures to 
inform consumers of the national law 
adopted to transpose this Directive and 
shall where appropriate ask professional 
organisations to inform consumers of their 
rights. 
Article 8 
In the annex of Directive 98/.../EC of the 
European Parliament and the Council on 
actions for restraint to protect the interests 
if 
Article 6 
Binding nature of the provisions 
1. Any contractual terms or agreements Unchanged, 
concluded with the seller before 
notification of the lack of conformity 
which waive or restrict the rights resulting 
from this Directive shall not be binding on 
the consumer. of consumers* the following is added : '10) 
Directive 98/.../EC on the sale of consumer 
goods and associated guarantees' (OJ No L 
...of... 1998, p....). 
Article 9 
2. Member States shall take the necessary 
measures to ensure that, irrespective of the 
law applicable to the contract, and when 
the contract has a close connection with 
the territory of the Member States, 
consumers are not deprived of the 
protection afforded by this Directive. 
Article 7 
National law and minimum protection 
1. The rights resulting from this Directive 
shall be exercised without prejudice to 
other rights which the consumer may rely 
on under the national rules governing 
contractual or non-contractual liability. 
2. Member States may adopt or maintain Unchanged 
in force more stringent provisions, 
compatible with the Treaty, in the field 
covered by this Directive, to ensure a 
higher level of consumer protection. 
Article 8 2. Member States shall take the necessary 
measures to ensure that consumers are not 
deprived of the protection afforded by this 
Directive if the law of a third country has 
been chosen as the law to be applied to the 
contract and the contract has a close 
connection with the territory of the Member 
States. 
Article 10 
Unchanged 
Article 11 
Transposition 
1. Member States shall bring into force the 
laws, regulations and administrative Unchanged 
1 OJ. Nr. ...of 1998, p. ... 
/9 
provisions necessary to comply with this 
Directive not later than [two years after its 
publication in the Official Journal of the 
European Communities]. They shall 
immediately inform the Commission 
thereof. 
When Member States adopt these 
provisions, these shall contain a reference 
to this Directive, or shall be accompanied 
by such reference at the time of their 
official publication. The procedure for 
such reference shall be adopted by 
Member States. 
2. Member States shall communicate to Unchanged 
the Commission the provisions of national 
law which they adopt in the field covered 
by this Directive. 
Article 9 Article 12 
Entry into force 
This Directive shall enter into force on the Unchanged 
20th day following that of its publication 
in the Official Journal of the European 
Communities. 
Article 10 Article 13 
This Directive is addressed to the Member Unchanged 
States. 
Done at Brussels 
For the European Parliament For the Council 
The President The President 
ocrc 
ISSN 0254-1475 
COM(98) 217 final 
DOCUMENTS 
EN 10 06 
Catalogue number : CB-CO-98-22&-EN-C 
ISBN 92-78-33063-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
:JI