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
Date: 1994-12-05
Institutions: European Commission
Subjects: approximation of laws, consumer protection, foodstuff, foodstuffs legislation, human nutrition, labelling

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(94) 431 final 

Brussels, 05.12.1994 

94/ 0300(COD) 

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) 

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 

Explanatory  memorandum 

EXISTING  PROVISIONS  COVERING  THE  INDICATION  OF PRICES 

Community  legislation on the indication of prices is derived  from  the Community 
programmes  for  a consumer  protection  and  information  policy1,  taking  the  form 
of the elaboration  of  common  principles  concerning  the indication  of  prices and 
indication  of the price per unit  of weight  or volume, the latter  indicator  making 
it easier  for  consumers to compare prices. 

The Council  has therefore  adopted: 

Directive  79/581/EEC  of  19  June  1979  as  amended  by  Directive 
88/315/EEC  of  7  June  1988  concerning  the  indication  of  the  prices  of 
foodstuffs2  and 

- 

- 

Directive  88/314/EEC  of  7  June  1988  on  consumer  protection  in  the 
indication  of the prices of non-food  products3. 

The  1988 Directives  lay  down  a general  obligation  to  indicate the selling 
price  of  all  products  and  the  price  per  unit  of  measurement  of  products 
which  are  sold  in  bulk,  as  well  as  products  pre-packaged  in  variable 
quantities. This initial  section  of the legislation  became  mandatory  in  the 
Member  States on 7 June  1990. 

OJ No  C 92, 25.4.1975,  p. 2 and OJ No  C  133, 3.6.1981,  p. 2 
OJ No  L  158,  26.6.1979,  p.  19 and OJ No  L  142, 7.6.1988,  p. 23. 
OJNo  L  142, 7.6.1988,  p.  19 

The second part of the legislation concerns the indication of the unit price 
for  products  pre-packaged  in  pre-established  quantities.  Scope  was 
provided  for a certain  number of exceptions  to this obligation  where the 
relevant  products  are  sold  in  standardised  Community  ranges.  These 
arrangements,  however,  proved  very  complicated  in  that  for  certain 
products an exemption was mandatory whereas for others it was optional. 

For this second part of the legislation, the Directives stipulate a transitional 
period which  expires on 7 June 1995. 

THE  NEED  TO  SIMPLIFY  EXISTING  LEGISLATION 

Current  legislation  causes  difficulties  both for  Member  States and the  economic 
operators.  These  primarily  derive from  the second  part of  the legislation,  which 
has been found to be no longer appropriate to current circumstances. 

Although  all  the  Member  States  have  communicated  the  texts  transposing  the 
directives and have thus established arrangements for the indication of prices for 
foodstuffs  and  non-food  products,  some  have  been  awaiting  the  expiry  of  the 
transitional period before implementing the mandatory indications or exemptions. 

While all Member States have satisfactorily  transposed the obligation to indicate 
the selling price,  it seems that the situation  as regards the unit price is less rosy, 
because of the importance certain Member States attach to the standardisation  of 
packaging.  The  current  legislation  was  based  on  the  premise  that  a  policy  in 
favour of ranges might prove an alternative to indicating the unit price, provided 
this also facilitated  comparison  of the price of the products. 

Several  countries  have  indicated  potential  difficulties  in  implementing  the 
provisions as of 7 June  1995. Basically, these difficulties  concern the application 
of  exemptions  from  indicating  the  unit  price,  because  economic  circumstances 
have changed  considerably  in the past  15 years. 

THE NEW SIMPLIFIED ARRANGEMENTS CANNOT COME INTO FORCE IN JUNE  1995 

Framing  of  the  future  legislation  must  meet  the  twin  objectives  of  enhancing 
consumer protection  and  simplification. 

Despite extensive consultations over the past year, it has not yet proved  possible 
to finalise  provisions which comply  with the following criteria: 

- 

- 

the need to enhance the effectiveness  of existing  legislation; 

respect for the principle of subsidiarity; 

- 

redefinition  of the link between information  for consumers on the price of 
products  and  policy  on  standardising  the  packaging  of  such  products. 

The review  of the legislation  should  also  make it  possible to  assess the  value of 
a  policy  of  ranges  as  a  means  of  enhancing  the  price  information  available  to 
consumers.  Discussions  undertaken  should  very  rapidly  demonstrate  whether  a 
new policy  to encourage  simplified  ranges can  provide  an  alternative solution  to 
the indication of unit prices as a way of allowing consumers to compare the prices 
of products. 

However,  the  imminent  expiry  of  the  transitional  period  set  out  in  the  existing 
legislation means that it is better not to wait but rather to take precautionary  steps 
to  ensure  the  legal  certainty  of  the  existing  arrangements  and  to  envisage  a 
reasonable deadline for the implementation  of the new arrangements to be set out 
in the very  near future  in the form  of proposals by the Commission.  The present 
proposal  therefore  extends  by  a further  four  years the transitional  period  for  the 
provisions applicable to products pre-packaged in pre-established quantities within 
existing  Community  ranges. 

This is without prejudice to the first  part of the current legislation, which  remains 
in  force,  nor  does  it  affect  the  general  obligation  to  indicate  the  sale  price  of 
products. 

CONTENT  OF THE  PROPOSAL 

Article 1 

Article  1 provides  for  thé  extension  of  the  existing  provisions,  and  notably  the 
transitional  period which was to expire on 6 June  1995, by four  additional  years. 

Article  2 

Article 2 stipulates the dates for implementation,  which  shall also be stipulated in 
the future  provisions. 

Article 3 

This is the traditional  reference  for  instruments to be adopted. 

PROPOSAL  FOR  A  DIRECTIVE 
AMENDING  COUNCIL  DIRECTIVE  79/581/EEC 
ON  CONSUMER  PROTECTION 
IN  T HE  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 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN  UNION 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  129a  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; 

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  1988s 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; 

OJ  C XX, xx, xx,  1994, p. x. 
OJ C XX, xx, xx,  1994, p. x 
OJ  No  C 92, 25.4.1975, p. 2 and  OJ  No C  133, 3.6.1981, p. 2 
OJ No L  158, 26. 6.  1979, p.  19 
OJ No L  142, 7. 6.  1988, p. 23 
OJ No L  142, 7. 6.  1988, p.  19 

m 

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 
J retail  businesses; 

Whereas however the provisions currently in force provides 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 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". 

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 

1. 

2. 

3. 

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  communicate  to the Commission  the text  of  the  provisions 
of national  law which  they  adopt  in the field governed  by  this  Directive. 

This Directive  is addressed  to the Member  States. 

Article 3 

Done at 

1995 

For the European Parliament 

For  the Council 

The President 

The President 

ISSN 0254-1475 

COM(94) 431 final 

DOCUMENT! 

EN 

03  10 

Catalogue number : CB-CO-94-458-EN-C 

ISBN 92-77-81120-X 

Office for Official Publications of the European Communities 
L-2985 Luxembourg