COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 7.06.1995 
COM(95) 259 final 
94/0300 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending Council Directive 79/581/EEC on consumer protection in the indication of the 
prices of foodstuffs as amended by Council Directive 88/315/EEC and Council Directive 
88/314/EEC on consumer protection in the indication of the prices of non-food products 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
I SUMMARY OF THE PROCEDURE 
On 5 December 1994 the European Commission adopted a proposal for a 
European Parliament and Council Directive amending Council Directive 
79/581/EEC on consumer protection in the indication of the prices of foodstuffs 
as amended by Council Directive 88/315/EEC and Council Directive 88/314/EEC 
on consumer protection in the indication of the prices of non-food products1. 
This proposal was transmitted to the Council, also on 5 December 1994. 
The Economic and Social Committee delivered its opinion at its 325th plenary 
session on 27 April 1995, acting on the proposal from its rapporteur, Mr Regal do2. 
On 19 May 1995 the European Parliament adopted a legislative resolution setting 
out the opinion of the European Parliament, acting on the proposal from its 
rapporteur, Mrs Oomen-Ruitjen. 
Council working parties met on 13 January and 19 May 1995. 
The amended proposal was drawn up taking into account the results of the work 
of the three institutions. 
H COMMENTS ON THE MODIFICATIONS 
• Recitals 
The Parliament and Economic and Social Committee wanted a mention 
that the Commission would shortly present a proposal for a simplified 
future mechanism. The Parliament would like this proposal to be presented 
this year. 
The new recital 8 has been introduced in response. 
The amendment to new recital 11 follows from the changes made to 
Article 1 (1) and (2). 
• Definition of small retail businesses 
OJ No C 377, 31.12.1994 
OJ No ... 
Parliament wants an additional recital stating that the future mechanism 
will contain a clear and precise definition of the term "small retail 
businesses" referred to in Article 11 of the two Directives 88/314/EEC and 
88/315/EEC. The Commission, which has told Parliament that it is willing 
to examine the matter carefully, considers however that such issues should 
be addressed in the context of the proposal for the simplified future 
mechanism, not in the proposal to extend the transitional period. Hence, 
the Commission considers it advisable not to anticipate the discussions on 
the future system by including a recital which has no bearing on the text 
as such. 
Parliament was also keen to avoid anticipating discussions on the future 
system, rejecting an amendment (No 5) which also dealt with the system 
applicable to certain small retail businesses. 
Article 1 
Parliament wanted the extension to the transitional period to be reduced 
from four to two years, in order to accelerate the entry into effect of the 
future simplified system. 
To this end Parliament voted an amendment No 2 modifying a recital 
concerning the duration of the extension, as well as two amendments Nos 
3 and 4 modifying the periods laid down in Article 1(1) (in regard to 
Directive 88/315/EEC on foodstuffs) and Article 1(2) (in regard to 
Directive 88/314/EEC on non-food products). 
Hence these three amendments, which the Commission has endorsed, have 
been incorporated into the amended proposal. 
Article 2 
Given how work is progressing and with an eye to the impending expiry 
of the transitional period provided for in 1988, it did not seem realistic to 
maintain the date of 6 June 1995 in paragraph 1 as the final deadline for 
transposition. This amendment does not affect the continuity of the 
transitional period provided for in the 1988 Directives, which is extended 
as provided for in the amended Article 1. 
m THE OVERALL PICTURE 
Economic and Social Committee Work 
Essential features of the ESC opinion Commission response 
2.1 Agreement on extension by four 
years as foreseen in the 
Commission's initial proposal. 
2.2 The ESC insists on the fact that 
this extension should be the final 
one. 
2.3 The ESC urges the Commission 
to present a proposal for a future 
mechanism without delay. Not adopted, since the Commission has 
agreed to incorporate amendments 2 to 
4 voted by Parliament. 
See below. 
Accepted: new recital No 8 
European Parliament work 
Number 
1 
6 
2 
3 
4 Amended text 
Recital 7a 
Recital 4a 
Recital 10 
Article 1 (1) 
Article 1 (2) Accepted by the 
Commission 
Yes 
No 
Yes 
Yes 
Yes Integrated (new 
numbering) 
Recital 8 
Recital 11 
Article 1 (1) 
Article 1 (2) 
The above table shows that the Commission has accepted four of the five 
amendments voted by the European Parliament. 
Amendment No 6 has not been accepted because it clearly concerns the 
nature of the future system and was out of place in this text, which 
concerns the extension of the existing system adopted in 1988. 
Council work 
During the examination on a first reading and pending the opinion of the 
European Parliament, the Council working party, having examined the 
Commission's initial proposal on 13 January 1995, concluded that the 
proposed extension was necessary, both in order to avoid adverse effects 
on consumer information and to forestall difficulties in implementation at 
national level. Hence the working party came out in favour of extending 
the mechanism for a further four years pending the adoption of the future 
simplified system. 
AMENDED PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending Council Directive 79/581/EEC on consumer protection in the indication of the 
prices of foodstuffs as amended by Council Directive 88/315/EEC and Council Directive 
88/314/EEC on consumer protection in the indication of the prices of non-food products 
(95/C ....) 
COM (95) ... 
1995, under Article 189a (2) of the EEC Submitted by the Commission 
Treaty 
OJC 377, 31.12.1994 
INITIAL PROPOSAL 
The European Parliament and the 
Council of the European Union 
Having regard to the Treaty establishing 
the European Community, and in 
particular Article 100a thereof, 
Having regard to the proposal from the 
Commission1, 
Having regard to the opinion of the 
Economic and Social Committee2, 
Acting in conformity with the procedure 
provided for in Article 189b of the 
Treaty, 
Whereas the programmes of the 
Community for a consumer protection 
and information policy3 have provided 
for the establishment of common 
principles for indicating prices; AMENDED PROPOSAL 
Having regard to the proposal from the 
Commission1, 
Having regard to the opinion of the 
Economic and Social Committee2, 
1. Unchanged. 
Whereas these principles have been 
established by Council Directive 
79/581/EEC of 19 June 19794 as 
amended by Council Directive 
88/315/EEC of 7 June 19885 and Council 
Directive 88/314/EEC of 7 June 19886 
concerning the indication of prices of 
foodstuffs and non-food products; 
Whereas these Directives have provided 
for the obligation to indicate the selling 
price of foodstuffs and non-food 
products; 
Whereas these Directives have also 
provided for the obligation to indicate 
the unit price of products marketed in 
bulk and of certain pre-packaged 
products as well as a certain number of 
exemptions to this obligation, when 
products are marketed in ranges of pre­
packaged quantities, when this unit-price 
indication does not provide meaningful 
information to the consumer or when it 
represents an excessive burden for 
certain small retail businesses; Unchanged. 
Unchanged. 
Unchanged. 
Whereas however the provisions 
currently in force provide for a 
transitional period for implementing 
exemptions to the indication of the unit 
price for certain pre-packaged products; 
whereas this transitional period expires 
on 7 June 1995; Unchanged. 
Whereas, however, application of these 
Directives has proven extremely 
complex, in the light of trade practices 
which vary from one Member State to 
another; Unchanged. 
Whereas account should be taken of all 
the difficulties encountered in 
implementing the provisions of these 
Directives by 7 June 1995; whereas it is 
appropriate to propose new and 
simplified provisions; Unchanged. 
Whereas, however, these new provisions 
cannot be adopted before June 1995; 
Whereas it is appropriate to bring 
forward the period for transposition by 
Member States of the above new 
provisions; 8. Whereas to this end the 
Commission will, where 
appropriate, present a proposal 
for a simplified mechanism, 
based on the general obligation to 
indicate the selling price and the 
unit price of all products. 
9. Unchanged. 
10. Unchanged. 
Whereas it is therefore appropriate to 
extend by four years the transitional 
period currently provided for in Articles 
10 of Directives 79/581/EEC as amended 
and 88/314/EEC: 11. Whereas it is therefore 
appropriate to extend by two 
years the transitional period 
currently provided for in Articles 
10 of Directives 79/581/EEC as 
amended and 88/314/EEC. 
HAVE ADOPTED THIS DIRECTIVE HAVE ADOPTED THIS DIRECTIVE 
Article 1 Article 1 
Article 10 of Council Directive 
79/581/EEC of 19 June 1979, 
amended by Council Directive 
88/315/EEC on consumer 
protection in the indication of the 
prices of foodstuffs is amended 
as follows: 1. Article 10 of Council Directive 
79/581/EEC of 19 June 1979, 
amended by Council Directive 
88/315/EEC on consumer 
protection in the indication of the 
prices of foodstuffs is amended 
as follows: 
- in the first sentence, the words 
"a period of seven years" are 
replaced by "a period of eleven 
years". - in the first sentence, the words 
"a period of seven years" are 
replaced by "a period of nine 
years". 
Article 10 of Council Directive 
88/314/EEC of 7 June 1988 on 
consumer protection in the 
indication of the prices of non­
food products is amended as 
follows: 2. Article 10 of Council Directive 
88/314/EEC of 7 June 1988 on 
consumer protection in the 
indication of the prices of non­
food products is amended as 
follows: 
- in the first sentence, the words 
"a period of seven years" are 
replaced by "a period of eleven 
years". 
Article 2 - in the first sentence, the words 
"a period of seven years" are 
replaced by "a period of nine 
years". 
Article 2 
Member States shall bring into 
force the laws, regulations and 
administrative provisions 
necessary to comply with this 
Directive by 6 June 1995 at the 
latest. They shall forthwith 
inform the Commission thereof. 
The provisions adopted shall be 
applicable as of 7 June 1995. 
When Member States adopt these 
provisions, these shall contain a 
reference to this Directive or 
shall be accompanied by such a 
reference at the time of their 
official publication. The 
procedure for such reference shall 
be adopted by the Member 
States. Member States shall bring into 
force the laws, regulations and 
administrative provisions 
necessary to comply with this 
Directive. They shall forthwith 
inform the Commission thereof. 
The provisions adopted shall be 
applicable as of 7 June 1995. 
Unchanged. 
Member States shall 
communicate to the Commission 
the text of the provisions of 
national law which they adopt in 
the field governed by this 
Directive. Unchanged. 
Article 3 Article 3 
This Directive is addressed to the Unchanged 
Member States. 
1. OJNoC377, 31.12.1994 
2. OJ No 
3. OJ No C 92, 25.04.1975, p, 2 and OJ No C 133 of 03.06.1981, p. 2 
4. OJ No L 158, 26.06.1979, p. 19 
5. OJ No L 142, 09.06.1988, p. 23 
6. OJ No L 142, 09.06.1988, p. 19 

ISSN 0254-1475 
COM(95) 259 final 
DOCUMENTS 
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Catalogue number : CB-CO-95-277-EN-C 
ISBN 92-77-90283-3 
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