Keywords

Summary



Keywords

1 Approximation of laws - Procedure for the provision of information in the field of technical standards and regulations - Obligation of Member States to communicate all draft technical regulations to the Commission - Scope

(Council Directive 83/189, Art. 1(6))

2 Approximation of laws - Procedure for the provision of information in the field of technical standards and regulations - Technical regulations within the meaning of Directive 83/189 - Meaning - National rules making the marketing of products conditional upon the use of one or more specified languages in mandatory labelling particulars, instructions for use and guarantee certificates - Not covered

(Council Directive 83/189, Art. 1(1) and (5))

3 Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Language requirements applying to information displayed on imported products - Whether permissible - Conditions

(EC Treaty, Art. 30 (now, after amendment, Art. 28 EC))

Summary

1 A national measure which reproduces or replaces - without adding new or additional specifications - existing technical regulations which, if adopted after the entry into force of Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations, have been duly notified to the Commission, cannot be regarded as a `draft' technical regulation within the meaning of Article 1(6) of that Directive or, consequently, as subject to the obligation to notify.

2 The obligation to give mandatory labelling particulars, instructions for use and guarantee certificates for products at least in the language or languages of the area in which those products are placed on the market does not constitute a `technical regulation' within the meaning of Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Council Directive 88/182. It is necessary to distinguish between the obligation to convey certain information about a product to a consumer, which is carried out by affixing particulars to the product or adding documents to it such as instructions for use and the guarantee certificate, and the obligation to give that information in a specified language. Unlike the first obligation, which concerns the product directly, the second is intended merely to specify the language in which the first must be carried out and does not in itself constitute a technical regulation within the meaning of Directive 83/189, but an ancillary rule necessary in order for the information to be effectively communicated.

3 Language requirements laid down by national legislation and applying to information appearing on imported products constitute a barrier to intra-Community trade in so far as products coming from other Member States have to be given different labelling involving additional packaging costs. However, in the absence of full harmonisation of language requirements applicable to information appearing on imported products, the Member States may adopt national measures requiring such information to be given in the language of the area in which the products are sold or in another language which may be readily understood by consumers in that area, provided that those national measures apply without distinction to all national and imported products and are proportionate to the objective of consumer protection which they pursue. They must, in particular, be restricted to information which the Member State makes mandatory and which cannot be appropriately conveyed to consumers by means other than translation.