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
Date: 1995-06-07
Institutions: European Commission
Subjects: consumer goods, consumer information, consumer protection, foodstuff, labelling, publishing of prices

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 

2.2 

2.3 

Agreement on extension by four 
years as foreseen  in the 
Commission's initial proposal. 

Not adopted,  since the Commission has 
agreed to incorporate amendments 2 to 
4 voted by Parliament. 

The ESC insists on the fact that 
this extension  should be the final 
one. 

The ESC urges the Commission 
to present a proposal  for a future 
mechanism without delay. 

See below. 

Accepted: new recital No 8 

European Parliament work 

Number 

Amended  text 

Accepted  by  the 
Commission 

Integrated  (new 
numbering) 

1 
6 
2 
3 
4 

Recital  7a 
Recital  4a 
Recital  10 
Article  1 (1) 
Article  1 (2) 

Yes 
No 
Yes 
Yes 
Yes 

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)  ... 

Submitted  by  the  Commission 
Treaty 

1995,  under  Article  189a  (2)  of  the  EEC 

OJC  377, 31.12.1994 

INITIAL PROPOSAL 

AMENDED  PROPOSAL 

The  European  Parliament  and 
Council  of the European  Union 

the 

Having regard to the Treaty  establishing 
in 
the  European  Community,  and 
particular  Article  100a thereof, 

Having  regard  to  the  proposal  from  the 
Commission1, 

Having  regard  to  the  proposal  from  the 
Commission1, 

Having  regard  to  the  opinion  of  the 
Economic  and  Social  Committee2, 

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, 

the  programmes  of 

Whereas 
the 
Community  for  a  consumer  protection 
and  information  policy3  have  provided 
for 
the  establishment  of  common 
principles for  indicating  prices; 

1. 

Unchanged. 

of 

Whereas  these  principles  have  been 
established  by  Council  Directive 
19 June  19794  as 
79/581/EEC 
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; 

force  provide 

the  provisions 
Whereas  however 
for  a 
currently 
in 
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 
extremely 
has  proven 
complex,  in  the  light  of  trade  practices 
which  vary  from  one  Member  State  to 
another; 

difficulties 

encountered 

Whereas account  should be taken of all 
the 
in 
implementing  the  provisions  of  these 
Directives by 7 June  1995; whereas it is 
to  propose  new  and 
appropriate 
simplified  provisions; 

Unchanged. 

Unchanged. 

Unchanged. 

Unchanged. 

Unchanged. 

Unchanged. 

8. 

to 

end 

this 

the 
Whereas 
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. 

Whereas, however, these new provisions 
cannot be adopted before June 1995; 

9. 

Unchanged. 

it 

is  appropriate  to  bring 
Whereas 
forward  the  period  for  transposition  by 
Member  States  of  the  above  new 
provisions; 

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 

the 

therefore 
appropriate  to  extend  by  two 
years 
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 
consumer 
on 
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". 

1. 

Article  10  of  Council  Directive 
79/581/EEC  of  19  June  1979, 
amended  by  Council  Directive 
88/315/EEC 
consumer 
on 
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  nine 
years". 

Article  10  of  Council  Directive 
88/314/EEC  of  7  June  1988  on 
consumer  protection 
the 
indication  of  the  prices  of  non 
food  products  is  amended  as 
follows: 

in 

2. 

Article  10  of  Council  Directive 
88/314/EEC  of  7  June  1988  on 
consumer  protection 
the 
indication  of  the  prices  of  non 
food  products  is  amended  as 
follows: 

in 

-  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 2 

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 
forthwith 
inform  the  Commission  thereof. 
The  provisions  adopted  shall  be 
applicable as of 7 June 1995. 

shall 

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 
publication.  The 
official 
procedure for such reference shall 
be  adopted  by  the  Member 
States. 

s h a ll 

S t a t es 

M e m b er 
communicate to the Commission 
the  text  of  the  provisions  of 
national  law which they adopt in 
the 
this 
field  governed  by 
Directive. 

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. 

Unchanged. 

Article 3 

Article 3 

This  Directive 
Member States. 

is  addressed  to  the 

Unchanged 

1. 

OJNoC377,  31.12.1994 

2. 

3. 

4. 

5. 

6. 

OJ No 

OJ No  C 92, 25.04.1975,  p, 2 and OJ No  C  133  of 03.06.1981,  p. 2 

OJ No L  158, 26.06.1979,  p.  19 

OJ No L  142, 09.06.1988,  p. 23 

OJ No L  142, 09.06.1988,  p.  19 

ISSN 0254-1475 

COM(95) 259  final 

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Catalogue number  :  CB-CO-95-277-EN-C 

ISBN 92-77-90283-3 

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