Opinion of the Economic and Social Committee on the 'Proposal for a Council Directive relating to the availability of consumer information on fuel economy in respect of the marketing of new passenger cars` () (1999/C 40/14)

On 13 October 1998 the Council decided to consult the Economic and Social Committee, under Article 130s of the Treaty establishing the European Economic Community, on the above-mentioned proposal.

The Economic and Social Committee decided to instruct the Section for Single Market, Production and Consumption to prepare its work on the subject and appointed Mr Hernández Bataller, as rapporteur-general.

At its 359th plenary session (meeting of 2 December 1998) the Economic and Social Committee adopted the following opinion by 102 votes in favour with two abstentions.

1. Introduction

1.1. The Community's strategy to reduce CO2 emissions from cars - which represent 12 % of emissions from all anthropogenic sources in the Community - consists of three strands:

- an environmental agreement with the manufacturers;

- fiscal measures;

- a fuel economy information scheme to influence consumer choice.

1.2. The proposed directive is to be seen as part of this third strand.

1.3. It should be pointed out that a consensus exists between the interested parties (motor industry, Member State experts, non-governmental organizations, etc.) on the need for fuel consumption labelling of new passenger cars.

2. Content of the directive

2.1. The aim of the directive is to ensure that potential purchasers of new passenger cars on sale in the Community are provided with precise information on fuel consumption. In this way the Commission hopes to influence their choice towards more fuel-efficient models.

2.2. Besides labelling, the draft directive proposes that three approaches be followed to achieve its objective:

- distribution of a guide containing fuel economy data and a list of the top ten most fuel efficient cars;

- display of a poster in showrooms giving fuel consumption data for all models on sale;

- inclusion of fuel consumption data in all promotional literature used in the marketing of new cars.

2.3. It is expressly prohibited to display marks, symbols or inscriptions relating to fuel consumption which might cause confusion to potential buyers of new cars.

2.4. The Member States will have to:

- notify the Commission of the competent body responsible for the functioning of the information scheme proposed in the directive;

- report to the Commission on the effectiveness of the directive's provisions;

- lay down the rules on penalties.

2.5. The Commission will be assisted by a committee responsible for adapting the directive to technical progress.

3. General comments

3.1. The Economic and Social Committee warmly welcomes this proposed Council directive which should enhance the strategy to reduce CO2 emissions by raising consumers' awareness and thus enabling them to make a better choice. At the same time it will reduce the consumption of non-renewable fuels, for which the Community is heavily dependent on external sources.

3.1.1. The Committee urges the Commission to continue presenting proposals of this nature as they make for more transparent prices and thus benefit both the consumer and free competition.

3.1.2. The legal basis for the proposal is Article 130s. However, being concerned with the consumer's right to information, it could also be based jointly on Article 129a as it supplements Member State policies to ensure that consumers are properly informed.

3.2. The Committee considers that the proposal is in accord with the subsidiarity and proportionality principles insofar as (a) the Community measures leave the Member States sufficient freedom of action, this being a 'minimal` directive and (b) Community intervention is confined to what is necessary and appropriate to achieve its objectives.

3.2.1. The Committee has repeatedly pointed to the need for a study to measure the overall impact on energy consumption of all the modifications introduced in passenger vehicles including heavy goods transport (stricter safety standards, reduction of noise levels, new fuel qualities, recycling of used vehicles). The Committee feels that the implementation of a further measure as part of the same strategy should finally act as a catalyst for such a study.

3.3. The Commission rightly considers it essential to present comparative information on the fuel consumption of different vehicles.

One of the key points noted in the explanatory memorandum to the proposal is the choice of vehicle types to be compared, i.e. whether to present a comparison of a vehicle's fuel consumption with all other cars on the market or a comparison with similar vehicles.

3.4. The Committee thinks the second option should be chosen. It is possible that consumers might change their choice within a particular group of cars when they compare fuel consumption or even the potential harm to the environment. But it is unlikely, not to say impossible, that this would induce them to change to a different group altogether.

3.4.1. Nevertheless, the Committee considers that the Commission should in future define the classes or categories of vehicles so as to make the proposed information scheme more coherent.

3.5. It should be made clearer that the directive is also aimed at vehicles manufactured in third countries but marketed in the EU.

The Committee would once again remind the Commission that in its conclusions the Environment Council of 23 March 1998 called on the Commission to check that the main vehicle manufacturing countries apply similar CO2 reduction systems to those in Europe, including consumer information schemes as dealt with in this document.

4. Specific comments

4.1. Although the directive is aimed at new passenger cars, it has to be borne in mind that such vehicles cause environmental problems when they cease to be new, i.e. as they are used.

4.2. With regard to the articles of the proposed directive and its annexes, the following comments need to be made:

4.2.1. Article 2. It is difficult to distinguish between the proposed definitions of 'variants` and 'versions` and they should be clarified.

4.2.2. Article 4, first paragraph. International motor shows should be included; many visitors may decide to buy a particular car at such events.

Specialist magazines are also important factors in the consumer's decision; a study should therefore be made of how they can be included in this consumer information scheme so that they cooperate with the bodies responsible for the application and operation of the scheme.

4.2.3. Article 6. Not only dealers should have to display the posters; they should also have to be displayed at international motor shows.

4.2.4. Annex I. Because of the impact that it may have, it would be advisable to give the maximum consumption of the vehicle for the different use cycles (road, urban, mixed), especially the urban.

4.2.5. Annex III. It should be stated that the poster must be displayed in a clearly visible place.

Brussels, 2 December 1998.

The President of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

() OJ C 305, 3.10.1998, p. 2.