A4-0109/96

Proposal for a European Parliament and Council Directive on consumer protection in the indication of the prices of products offered to consumers (COM(95)0276 - C4-0301/95 - 95/0148(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital -1 (new)

>Text following EP vote>

-1. Whereas transparent operation of the market and correct information can be of benefit to consumer protection and healthy competition between enterprises and products;

(Amendment 2)

Recital 1

>Original text>

1. Whereas consumers must be guaranteed a high level of protection; whereas the Community should contribute thereto by specific actions which provide for adequate information of consumers on the prices of products offered to them;

>Text following EP vote>

1. Whereas consumers must therefore be guaranteed a high level of protection; whereas the Union should contribute thereto by specific actions which provide for precise, transparent and unambiguous information of consumers on the prices of products offered to them;

(Amendment 3)

Recital 6a (new)

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6a. Whereas producers and traders working with product series may retain and further develop them, provided, however, that they also indicate the price per unit of measurement;

(Amendment 4)

Recital 12a (new)

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12a. Whereas, in the transitional period following introduction of the single currency, when prices have to be indicated in both the national and the single currency, three prices will be given per product;

(Amendment 5)

Recital 17a (new)

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17a. Whereas it is therefore essential that, before this Directive enters into force, the Commission should draw up, in collaboration with national governments and relevant organizations, an accurate statement of the cost of its full implementation to retail businesses, especially in the small and medium-sized undertakings sector;

(Amendment 6)

Recital 19

>Original text>

19. Whereas particular attention should be paid to the adaptations required in small retail businesses, notably taking into account technological trends and the envisaged timetable for the introduction of the single currency; whereas to this end the Commission shall present an evaluation report on the situation two years before the final deadline for the general application of the mechanism;

>Text following EP vote>

19. Whereas particular attention should be paid to the adaptations required in small retail businesses, notably taking into account technological trends and the envisaged timetable for the introduction of the single currency; whereas to this end the Commission shall present an evaluation report on the situation one year before the final deadline for the general application of the mechanism;

(Amendment 24)

Article 1a (new)

>Text following EP vote>

Article 1a

This Directive shall not apply to:

- foodstuffs sold in hotels, cafes, restaurants, public houses, cinemas and theatres, educational establishments, recreational facilities, staff shops in the work place, hospitals, canteens and similar establishments,

- mobile vendors,

- products sold on transport systems,

- products sold in vending machines,

- sales by auction,

- private sales.

(Amendment 9)

Article 2

>Original text>

For the purposes of this Directive:

(a) 'selling price' means the price for a given quantity of the product;

>Text following EP vote>

For the purposes of this Directive:

(a) 'selling price' means the final price for a given quantity of the product, including VAT, all other taxes and the costs of all services which the consumer is obliged to pay for in addition;

>Original text>

(b) 'unit price' means the price for one kilogram, one litre, one square metre or cubic metre of the product or any other quantity which is widely and customarily used in the Member States in the marketing of specific products;

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(b) 'unit price' means 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 square metre or cubic metre of the product or any other quantity which is widely and customarily used in the Member States in the marketing of specific products;

>Original text>

(c) 'products sold in bulk' means products which are not pre-packaged and/or are not measured or weighed except in the presence of the final consumer.

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(c) 'products sold in bulk' means products which are not pre-packaged and/or are not measured or weighed except in the presence of the final consumer;

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(ca) 'retail' means the commercial sale of goods at sales outlets which are staffed and freely accessible to the public, or by mail order.

(Amendment 10)

Article 3(2)

>Original text>

2. For products sold in bulk, the unit price must be indicated for all products referred to in Article 1, since the selling price cannot be determined prior to the request expressed by the final consumer.

>Text following EP vote>

2. For products sold in bulk, only the unit price must be indicated for all products referred to in Article 1.

(Amendment 11)

Article 3(2a) (new)

>Text following EP vote>

2a. The preceding provisions shall also apply to any type of advertising in which a price is indicated.

(Amendment 12)

Article 4(2)

>Original text>

2. The selling price and the unit price shall relate to the final price of the product under the conditions laid down by the Member States.

>Text following EP vote>

Deleted

(Amendment 13)

Article 4(3)

>Original text>

3. The unit price shall refer to the quantity declared, in accordance with national and Community provisions, and notably net quantities of products.

>Text following EP vote>

3. The unit price shall refer to the quantity declared, in accordance with national and Community provisions.

(Amendment 14)

Article 5

>Original text>

Member States shall lay down the detailed rules for indicating prices, notably as regards prices applying to quantities that are widely and customarily used, referred to in Article 2(b).

>Text following EP vote>

The selling price and the unit price shall be indicated on the product offered for sale or on the shelf where the product is located, in such a manner as to be clearly legible for the consumer. In small retail businesses the prices may also be indicated on a price list displayed in a prominent place in the shop.

(Amendment 15)

Article 5a (new)

>Text following EP vote>

Article 5a

In the transitional period following introduction of the single currency, the following three prices shall be indicated:

- selling price in the national currency;

- selling price in the single currency;

- unit price in the single currency.

(Amendment 16)

Article 6

>Original text>

1. Member States may waive the obligation to indicate the unit price of products for which such indication would not be meaningful because of the products' nature or purpose, and products for which such indication would not provide the consumer with adequate information or would be liable to create confusion.

>Text following EP vote>

1. Member States may waive the obligation to indicate the unit price of products for which such indication is not meaningful because of the products' nature or purpose.

>Original text>

2. Member States may waive the obligation to indicate the unit price of products for which indication of length, mass or volume is not required by national or Community provisions. This applies in particular to products sold by individual item or singly.

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Deleted

>Original text>

3. With a view to implementing the provisions set out in paragraphs 1 and 2 above, the 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.

>Text following EP vote>

3. The Member States shall, in the case of non-food products, establish a list of the products to which the obligation to indicate the unit price shall remain applicable. This list shall be drawn up in a practical and uniform way by using the CCT number for each product. The Commission shall provide a framework so that the lists in the various Member States correspond closely in terms of content.

(Amendment 17)

Article 6(3a) (new)

>Text following EP vote>

3a. Where a sales outlet makes a temporary special offer or engages in sales promotion in respect of one or more products (e.g. 3 for the price of 2), it shall be sufficient to indicate the three prices already provided for by this Directive. The display of any other prices for information purposes shall be optional.

(Amendment 23)

Article 6(3b) (new)

>Text following EP vote>

3b. The Commission and Member States are called upon to provide funding to train staff employed by retail businesses to explain prices to consumers for the practical application of the European single currency.

(Amendment 18)

Article 7, introduction

>Original text>

Member 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 by 6 June 2001, if the obligation to indicate the unit price from 7 June 1997

>Text following EP vote>

Member 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 10(1)

(Amendment 19)

Article 7a (new)

>Text following EP vote>

Article 7a

The Commission shall take action to grant financial aid for:

- information campaigns for small retailers;

- compiling and publishing information brochures in cooperation with this target group.

(Amendment 20)

Article 9

>Text following EP vote>

1. In Article 1 of European Parliament and Council Directive 95/58/EC of 29 November 1995*, the words 'a period of nine years' shall be replaced with the words 'a period expiring on the date indicated by Article 10(1) of Directive 96/.../EC'.

>Original text>

Council Directive 79/581/EEC of 19 June 1979, as amended by Council Directive 88/315/EEC of 7 June 1988 and Directive 88/314/EEC of 7 June 1988 shall be repealed with effect from 7 June 1997.

>Text following EP vote>

2. Council Directive 79/581/EEC of 19 June 1979, as amended by Council Directive 88/315/EEC of 7 June 1988, Council Directive 88/314/EEC of 7 June 1988 and European Parliament and Council Directive 95/58/EC mentioned above shall be repealed with effect from the date indicated by Article 10(1).

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* OJ L 299, 12.12.1995, p. 11

(Amendment 21)

Article 10(1)

>Original text>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 6 June 1997 at the latest. They shall forthwith inform the Commission thereof. The provisions adopted shall be applicable as of 7 June 1997.

>Text following EP vote>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive two years after publication of the Directive at the latest. They shall forthwith inform the Commission thereof. The provisions adopted shall be applicable two years after publication of this Directive.

(Amendment 22)

Article 11(1)

>Original text>

1. The Commission shall, not more than two years after the date referred to in Article 10(1), submit to the European Parliament and the Council an initial report on the application of the provisions of Article 7.

>Text following EP vote>

1. The Commission shall, not more than one year after the date referred to in Article 10(1), submit to the European Parliament and the Council an initial report on the application of the provisions of Article 7. Two years after the date referred to in Article 10(1) the Commission shall submit a second report.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on consumer protection in the indication of the prices of products offered to consumers (COM(95)0276 - C4- 0301/95 - 95/0148(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(95)0276 - 95/0148(COD) ((OJ C 260, 5.10.1995, p. 5.)),

- having regard to Articles 189b(2) and 129a(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0301/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Agriculture and Rural Development (A4-0109/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.