Proposal for a 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 (94/C 377/13) (Text with EEA relevance) COM(94) 431 final - 94/0300(COD)

(Submitted by the Commission on 7 December 1994)

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 Commission,

Having regard to the opinion of the Economic and Social Committee,

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 policy (1) have provided for the establishment of common principles for indicating prices;

Whereas these principles have been established by Council Directive 79/581/EEC (2) as amended by Council Directive 88/315/EEC (3) and Council Directive 88/314/EEC (4) 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;

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;

Whereas, however, application of these Directives has proven extremely complex, in the light of trade practices which vary from one Member State to another;

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;

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;

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,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1. Article 10 of Council Directive 79/581/EEC, 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 11 years`.

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 11 years.`

Article 2

1. 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.

2. 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.

3. 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.

Article 3

This Directive is addressed to the Member States.

(1) OJ No C 92, 25. 4. 1975, p. 2 and OJ No C 133, 3. 6. 1981, p. 2.

(2) OJ No L 158, 26. 6. 1979, p. 19.

(3) OJ No L 142, 9. 6. 1988, p. 23.

(4) OJ No L 142, 9. 6. 1988, p. 19.