Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE ON CONSUMER PROTECTION IN THE INDICATION OF THE PRICES OF PRODUCTS OFFERED TO CONSUMERS
Date: 1996-06-24
Institutions: European Commission
Subjects: consumer goods, consumer information, consumer protection, labelling, publishing of prices

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  24.06.1996 
COM(96) 264 final 

95/0148 (COD) 

Amended proposal for a 

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

ON CONSUMER PROTECTION IN THE INDICATION OF THE 
PRICES OF PRODUCTS OFFERED TO CONSUMERS 

(presented by the Commission  pursuant to Article  189 a (2) 
of the EC-Treaty) 

Explanatory memorandum 

I 

REVIEW  OF  THE  PROCEDURE 

On 12 July  1995 the Commission of the European Communities adopted the proposal for 
a Directive  on consumer protection in the indication of the prices of products offered  to 
consumers. 

The Economic and Social Committee delivered its opinion at its 331st plenary session of 
20  and 21  December  1995, acting on the proposal  of its rapporteur Mr Folias. 

On  18 April  1996 the  European  Parliament  adopted  a legislative  resolution  embodying 
the  opinion  of  the  European  Parliament,  acting  on  the  proposal  of  its  rapporteur, 
Mrs Oomen-Ruitjen.  In this resolution Parliament invites the Commission to modify  its 
proposal  on the basis of the proposed amendments. 

The "Consumer Affairs" Council met on 23 April  1996 in Luxembourg under the Italian 
Presidency.  It  came  to  a  unanimous  political  agreement  on  the  common  position 
concerning  the  above-mentioned  proposal  for a directive. 

II 

COMMENTS  ON  THE  MODIFICATIONS 

The  22  amendments  adopted  by the  European  Parliament  can be  seen  as a response  to 
four  main concerns.  Firstly,  in a certain number of amendments,  Parliament pinpointed 
the remit of the text proposed by the Commission, notably the objective and the scope of 
the  mechanism.  These  aspects  do  not  substantially  modify  the  Commission's  proposal. 
Secondly, it took into account the supplementary costs which might be imposed on small 
retail businesses by providing for a permanent follow-up by the Commission and financial 

support  for  information  for  programmes  targeted  at  small  businesses.  However,  instead 
of a permanent or temporary exemption for certain small businesses, Parliament opted  for 
a longer  adaptation period.  Thirdly, Parliament  also wanted to emphasise the  importance 
of consumer information  in the context of introducing the single currency by provided  for 
dual  price  labelling  and  training  of  employees  in  businesses.  Finally,  Parliament 
jettisoned  without ambiguity the link between the obligation to indicate the unit price and 
the  exemption  for  products  sold  in ranges. 

1. 

Clarification  of  the  text 

As regards Parliament's  first  concern, the Commission  shares its viewpoint.  Hence in its 
amended  proposal  the  Commission  has incorporated  Amendments  1, 2 and  9 (in  respect 
of letters (a) and )b) of former  Article  2), 10,  11,  12, 13, 16, 20, 21 and 24 to clarify  and 
pinpoint  the  proposed  mechanism.  In  seven  cases  (Amendments  2,  3,  5,  11, 16, 20  and 
24)  the  Commission  has  reformulated  the  text  by  making  drafting  changes  or  changes 
of a technical legislative nature, without, therefore, making any substantive  modifications. 
The approval  of  amendment  16 made a modification  of the recitals  15 and  16 necessary. 
Concerning the amendment  24 the Commission  has in addition  separated the  amendment 
and  has  incorporated  it  into  Articles  1(2)  and  3(2). This  implies  that,  in respect  of  the 
items refered  to in Article 3(2), the obligation of mentioning the selling price, but not the 
unit price, will remain.  The approval  of amendment  24 made it also necessary to  modify 
article  7.  Amendment  9  (in  respect  of  letter  (c))  has  not  been  taken  up  by  the 
Commission,  because  its  definition  of  the  retail  trade  is  too  ambiguous  and  overbroad. 
Amendment  14  concerns  labelling  methods.  The  Commission  considers  that  Member 
States  are  in  a  better  position  to  lay  down  detailed  procedures  in  this  domain,  as  a 
function  of  local  circumstances;  hence  this  amendment  has  not  been  taken  up. 

2. 

Small  retail  businesses 

The  new  mechanism  imposes  some  additional  burdens  on  trade.  But  the  European 
Parliament  is  particularly  concerned  with  this  sector,  and  notably  with  small  retail 
businesses. 
As  for  the  Commission,  it  has  tried  to  find  a  solution  which  is  not  too  heavy,  while 
upholding  the  objective  of  providing  the  necessary  information. 

Amendments  6  and  22  propose  a  report  on  the  situation  of  small  retail  businesses  one 
year  after  the. deadline  for  transposai.  In  the  Commission's  experience  a  period  of  one 
year  is not  long enough to  acquire  experience  in the application  of the  Directive  such  as 
to  draw  up  a report.  Hence  a minimum  period  of two years would  be necessary.  Such  a 
period  will  allow  the  Commission  to  scrutinize  in  depth  the  economic  impact  of  the 
Directive  on  small  retail  businesses. 
Amendment  19  concerns  financial  support  for  certain  small  retail  businesses.  The 
Commission does not consider that financial  support for information programmes targeted 
at  small  retail  businesses  is  a  realistic  solution.  Firstly,  the  problem  of  small  retail 
businesses  is  too  complex  to  be  regulated  definitively  at  Community  level.  More 
specifically,  the nature of the aid  depends entirely  on factors  which the Commission  can 
neither know nor influence. In certain Member States, where the entire retail trade already 

applies unit prices,  such an aid would  not be justified.  Moreover,  criteria would  have  to 
be laid down. It is also important for  Member States to be in a position to fully  assess the 
nature  of the potential  difficulties,  particularly  if these difficulties  are directly  bound  up 
with the enforcement  of the mechanism. After  all, at least in the case of foodstuffs,  many 
of the rules have already been in force  for  several years anyhow. Finally, investments  in 
price  indication  technology  make  economic  sense, because this technology  constitutes  a 
marketing  and  inventory  management  tool.  The  costs  involved  are  not  substantial, 
especially  as small retail businesses enjoy  an adjustment  period allowing them to  stagger 
the  costs  over  an  extended  period. 

For  this  reason  the  Commission  welcomes  the  solution  contained  in  Parliament's 
Amendment  18 on small retail businesses: a generous adaptation period of six  additional 
years  after  the  date  of  entry  into  effect  of  the  provisions  adopted  under  the  Directive. 
Moreover, the Commission is willing to provide particulars pertaining to costs and hence 
has  incorporated  Amendment  5. 

3. 

Introduction  of  the  Single  Currency 

Parliament  wanted  to  emphasise  the  importance  of  consumer  information  in the  context 
of the  move to the  single currency.  Hence  it proposed Amendments  4,  15,  17 and 23  on 
the  transitional  period  for  the  introduction  of  the  single  currency,  so  as  to  familiarise 
customers  with  the  relative  values  of  the  currencies.  While  agreeing  that  price 
transparency  is a priority  on the road to Economic and Monetary Union, the  Commission 
considers  it premature  to  spell  out the  details  at this  stage and  holds that  accompanying 
measures  should  be  the  subject  of  an  overall  approach. 

4. 

Abandonment  of  the  link with  ranges 

The  Commission  has  incorporated  Amendment  3.  This  amendment  specifies  that  the 
ranges  have  a  distinct  function  and  clearly  abandons the  link  with  ranges. 

Ill 

OVERVIEW 

OPINION  OF  THE  COMMISSION  CONCERNING  THE 

PROPOSED  PARLIAMENTARY  AMENDMENTS 

No  of 
amendment 
1 
2 
3 
4 

5 
6 
9 
9 
10 
11 
12 

13 
14 
15 
16 
17 
18 
19 

20 
21 
22 

23 
24 

Provisions  concerned 

Commission 

New  numbering 

recital  -  1 (new) 
recital  1 
recital  6a  (new) 

recital  12a  (new) 
recital  17a (new) 
recital  19 
Article  2 a)  and  b) 
Article  2  c) 

Article  3, paragraph  2 
Article  3, paragraph  2 
Article  4, paragraph  2 

Article  4, paragraph  3 
Article  5 
Article  5 a  (new) 
Article  6 

Article  6,  paragraph  3a  (new) 
Article  7,  first  sentence 
Article  7a  (new) 
Article  9 

Article  10 paragraph  1 
Article  11 paragraph  1 
Article  6 paragraph  3 b  (new) 
Article  la  (new) 

accepted 
accepted 
accepted 

rejected 
accepted 
rejected 
accepted 
rejected 
accepted 
accepted 
accepted 

accepted 
rejected 
rejected 
accepted 
rejected 
accepted 
rejected 

accepted 
accepted 
rejected 
rejected 
accepted 

Recital  1 
Recital  2 
Recital  8 

Recital  20 

Article  2 

Article  4 paragraph  3 
Article  4 paragraph  4 

Deleted 
Article  4 paragraph  2 

Article  6 

Article  7,  first  sentence 

Article  9 
Article  10 

Article  1, paragraph  2, 
and  Article  3, 
paragraph  2 

The  above  table  shows that  the  Commission  has  accepted  14 out the  22  amendments 
voted  by the  European  Parliament. 

AMENDED PROPOSAL FOR A 

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

ON CONSUMER PROTECTION IN THE INDICATION OF THE 
PRICES OF PRODUCTS OFFERED TO CONSUMERS 

INITIAL PROPOSAL 

AMENDED PROPOSAL 

The  European  Parliament  and  the  Council 
of the European Union 

Having regard to the Treaty establishing the 
European  Community,  and  in  particular 
Article  129a(2) thereof, 

Unchanged 

Unchanged 

Having  regard  to  the  proposal  from  the 
Commission1 

Unchanged 

Having  regard  to  the  opinion  of  the 
Economic and Social Committee2 

Unchanged 

Acting  in  conformity  with  the  procedure 
provided  for  in Article  189b of the Treaty 
establishing the European Community, 

Unchanged 

1.  Whereas transparent operation of the 
market  and  correct  information  can  be  of 
benefit  to  consumer  protection  and  to 
healthy competition between enterprises and 
their products 

1  OJ No C 260, 5.10.1995, p.5. 

2  OJ No C 82,  19.3.1996, p.32. 

Whereas,  consumers  must  therefore 
2. 
be  guaranteed  a  high  level  of  protection; 
whereas  the  Community  should  contribute 
thereto  by  specific  actions  which  provide 
for  precise, transparent  and  unambiguous 

information  of  consumers  on  the  prices  of 
products  offered  to  them; 

3. 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Whereas 

consumers  must 

be 
1. 
guaranteed  a  high 
level  of  protection; 
whereas  the  Community  should  contribute 
thereto  by  specific  actions  which  provide 
for  adequate  information  of  consumers  on 
the prices  of  products  offered  to  them; 

Whereas 

2. 
Community's 
the 
programmes  for  a consumer  protection  and 
policy3  provide 
information 
the 
establishment  of  common  principles  for 
indicating  prices; 

for 

Whereas  these  principles  have  been 
3. 
established 
by  Council  Directive 
79/581/EEC  of  19 June  19794  as  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  the  obligation  to  indicate 
4. 
the  selling  price  and  the  price  per  unit  of 
measurement  contributes  substantially  to 
by 
improving 
providing  consumers  with  essential  data  in 
order  to  make  reasoned  choices; 

information 

consumer 

Whereas,  however,  the  mechanism 
5. 
adopted 
included  a  certain  number  of 
exceptions  to  the  general  obligation  to 
the  unit  price,  notably  when 
indicate 
products  are  marketed 
in  quantities  or 
capacities corresponding to the values of the 
ranges  adopted  at  Community  level. 

3  OJ  No  C  92,  25.4.1975,  p.2  and  OJ  No  C  133, 3.6.1981, p.2. 

4  OJ  No  L  158,  26.6.1979,  p.19. 

5  O J N oL  142,  9.6.1988,  p.23. 

6  OJ  No  L  142,  9.6.1988,  p.19. 

Whereas this link between indication 
6. 
the  unit  price  of  products  and 
of 
standardisation  of  packaging 
introduced 
rigidities  into  the  implementation  of  the 
mechanism  adopted,  which  has  proven 
overly  complex  to  apply; whereas  it is thus 

Unchanged 

to  abandon  this 

link  in  the 
necessary 
interests of simplification, without prejudice 
to 
packaging 
rules 
the 
standardization; 

governing 

8. 
traders 
Whereas  producers  and 
having  resort  to  ranees  may  retain  and 
further  develop  them,  provided,  however, 
that they  also  indicate the  unit  price; 

9. 

Unchanged 

10. 

Unchanged 

11. 

Unchanged 

7. 
Whereas,  therefore,  account  should 
be  taken  of  all  the  difficulties  encountered 
in  implementing  the  mechanism  provided 
for  in  the  above-mentioned  Directives  and 
a  new  and  simplified  mechanism  proposed 
which  will  enable  the  main  objective  to  be 
achieved  more  easily,  namely  adequate 
information  of  consumers; 

Whereas  indicating the  selling  price 
8. 
and  the  unit  price  is  the  easiest  way  to 
enable  consumers  to  evaluate  and  compare 
the  nature  and  quality  of  products  in  an 
optimum  manner  and  hence 
to  make 
informed  choices  on  the  basis  of  simple 
comparisons; 

Whereas, 

therefore, 

9. 
the  general 
obligation  to  indicate  both the  selling  price 
and the unit price for all products should be 
maintained  except  for products marketed  in 
bulk,  where  the  selling  price  cannot  be 
determined  until 
consumer 
the 
indicates  how  much  of  the  product  he 
requires; 

final 

10.  Whereas only Community-level rules 
can  ensure  homogenous  and  transparent 
information  that  will  benefit  all  consumers 
in  the  context  of  the 
internal  market; 
whereas  the  new,  simplified  approach  is 

12. 

Unchanged 

13. 

Unchanged 

14. 

Unchanged 

15. 

Unchanged 

both necessary and sufficient  to achieve this 
objective; 

price 
11.  Whereas,  moreover, 
transparency  is  a  priority  in  the  run-up  to 
Economic  and  Monetary  Union,  and  must 
therefore  be  significantly 
improved  and 
arrangements  made  for  its  entry  into  effect 
in good time  for  the transition  to the  single 
currency; 

12.  Whereas  introduction  of  the  single 
currency  will  be  greatly  facilitated  by 
providing consumers with simple yardsticks 
for  comparing  the  prices  of products; 

13.  Whereas there  is a need to take into 
account  the  fact  that  certain  products  are 
widely  and  customarily  sold  in  quantities 
the  values  of  the  base 
different 
the  Directive; 
quantity 
to  allow 
is  thus  advisable 
whereas 
Member States, in certain cases, to authorise 
that the unit price be indicated  in relation to 
the  quantity  value  which  custom  has 
enshrined; 

from 
referred 
it 

to 

in 

16. 

Unchanged 

14.  Whereas  Member  States  must  be 
free  to  adapt  the  obligation  to  indicate  the 
unit  price  for  certain  trades  of  forms  of 
trade,  and  also  to  determine  that  such 
indication  is  not  necessary  for  a  certain 
number  of  products,  when  it  does  not 
provide  useful  information  for  consumers; 

15.  Whereas Member  States should also 
remain  free  to  waive  the  obligation  to 
indicate  the  unit  price 
in  the  case  of 
products  for  which  such  price  indication 
would not be meaningful  or would be liable 
to cause confusion;  whereas this is the case 
notably  when  indication  of  the  quantity  is 
for  price 
not 
comparison  purposes,  or  when  different 
products  are  marketed 
same 
packaging; 

relevant  particular 

the 

in 

a 

17.  Whereas Member  States should  also 
remain  free  to  waive  the  obligation  to 
indicate  the  unit  price  in  the  case  of 
products  for  which  such  price  indication 
would  not  be  meaningful;  whereas  this  is 
the  case  notably  when  indication  of  the 
quantity is not a relevant particular for  price 
comparison  purposes,  or  when  different 
products  are  marketed 
same 
packaging; 

the 

in 

16.  Whereas  in  the  case  of  non-food 
products,  Member  States,  with  a  view  to 
facilitating  application  of  the  mechanism 
implemented,  are  free  to  draw  up  a  list  of 
products or categories of products for which 
the  obligation  to  indicate  the  unit  price 
remains  applicable; 

17.  Whereas 
in  distribution 
trends 
methods  must  be  taken  into  consideration; 
whereas  solutions  must  be  found  to  permit 
information  of  consumers  on 
optimum 
product  prices  at 
lowest  possible 
marginal  cost; 

the 

18.  Whereas  in  the  case  of  non-food 
products,  Member  States,  with  a  view  to 
facilitating  application  of  the  mechanism 
shall  draw  up,  a  list  of 
implemented, 
products for which the obligation to indicate 
the unit price remains  applicable; 

19. 

Unchanged 

20.  Whereas it is therefore  essential that 
before the application of the mechanism, the 
Commission should draw up. in cooperation 
with 
the  governments  and  competent 
national bodies, an accurate statement of the 
total  costs  of 
retail 
businesses,  especially 
in  the  small  and 
medium-sized  sector: 

the  Directive 

to 

21. 

Unchanged 

22. 

Unchanged 

18.  Whereas a variable adaptation period 
should  be  provided  for  depending  on  the 
economic  operators  concerned  in  order  to 
enable 
the  detailed 
to  make 
arrangements  for  indicating  unit prices; 

them 

technological 

taking 
trends  and 

19.  Whereas  particular  attention  should 
be paid to the  adaptations required  in small 
retail  businesses,  notably 
into 
the 
account 
envisaged  timetable  for  the  introduction  of 
the  single  currency; whereas to this end the 
Commission  shall  present  an  evaluation 
report  on the  situation two years before  the 
final deadline  for  the general  application  of 
the  mechanism, 

HAVE  ADOPTED  THIS  DIRECTIVE 

Article  1 

The purpose of this Directive  is to  stipulate 
indication  of the  selling price  and the price 
per unit of measurement of products  offered 
by  traders  to  final  consumers,  so  as  to 
improve consumer information  and to allow 
easy  comparison  of  prices,  wherever  such 
comparison  is  relevant. 

1. Unchanged 

2.  The  following  are  excluded  from  this 
directive: 
-  auctions 

private  sales. 

Article  2 

For  the  purposes  of  this  Directive: 

For  the purposes  of this  Directive: 

"selling price" means the price for a 

a) 
given  quantity  of  the  product; 

b) 
"unit price" means the price  for  one 
kilogram,  one  litre,  one  metre,  one  square 
metre  or  cubic  metre  of  the product  or  any 
is  widely  and 
other  quantity  which 
customarily  used  in  the  Member  States  in 
the  marketing  of  specific  products; 

"selling price" means the  final  price 
a) 
the  product, 
for  a  given  quantity  of 
including VAT, all other taxes and the costs 
of  all  services  which  the  consumer 
is 
obliged  to  pay  for  in  addition; 

b) 
"unit  price"  means  the  final  price, 
including VAT, all other taxes and the costs 
of  all  services  which  the  consumer 
is 
obliged  to  pay  for  in  addition,  for  one 
kilogramme,  one  litre,  one  metre,  one 
square  metre,  one  cubic  metre  or  one  item 
of  the product  or  any  other  quantity  which 
is  widely  and  customarily  used  in  the 
Member  States in the marketing  of  specific 
products. 

"products  sold 

c) 
in  bulk"  means 
products which are not pre-packaged  and/or 
are  not  measured  or  weighed  except  in  the 
presence  of  the  final  consumer. 

"products  sold 

c) 
in  bulk"  means 
products which are not pre-packaged  and/or 
not  measured  or  weighed  except  in  the 
presence  of  the  final  consumer. 

10 

Article  3 

1. 
The  selling  price  and  the  unit  price 
shall  be  indicated  for  all  products  referred 
to  in  Article  1, subject  to  the provisions  of 
Article  6. 

1. Unchanged 

foodstuffs 

in  hotels, 

2.  The  obligation  to  indicate  the  price  per 
unit  measurement  shall  not  apply  to: 
cafes, 
sold 
- 
restaurants,  public  houses,  cinemas  and 
theatres, 
leisure 
centres,  staff  shops, hospitals, canteens  and 
similar  establishments, 
-  itinerant  traders. 
-  products  sold  in means  of  transport. 
-  products  sold  in  vending  machines. 

institutions, 

teaching 

2. 
For  products  sold  in  bulk,  the  unit 
price  must  be  indicated  for  all  products 
referred  to  in  Article  1,  since  the  selling 
price  cannot  be  determined  prior  to  the 
request  expressed  by  the  final  consumer. 

3. 
For  products  sold  in  bulk  only  the 
unit price must be indicated for  all products 
referred  to  in Article  1. 

4. 
The  above  paragraphs  shall  apply 
also  to  any  type  of  advertising  in  which  a 
price  is  mentioned. 

Article  4 

1. 
The  selling  price  and  the  unit  price 
must  be  unambiguous,  easily  identifiable 
and  clearly  legible. 

2. 
The  selling  price  and  the  unit  price 
shall  relate to the  final  price  of the  product 
under  the  conditions  laid  down  by  the 
Member  States. 

The  unit  price  shall  refer  to  the 
3. 
quantity  declared, 
in  accordance  with 
national  and  Community  provisions,  and 
notably  net  quantities  of  products. 

11 

Unchanged 

Deleted 

The  unit  price  shall  refer  to  the 
in  accordance  with 

2. 
quantity  declared, 
national  and  Community  provisions 

Article  5 

Member  States  shall  lay  down  the  detailed 
indicating  prices,  notably  as 
rules  for 
regards prices applying to quantities that are 
widely  and  customarily  used,  referred  to  in 
Article  2(b). 

Unchanged 

Article  6 

Member  States  may  waive 

the 
1. 
obligation  to  indicate  the  unit  price  of 
products  for  which  such  indication  would 
not be meaningful  because  of the products' 
nature  or  purpose,  and  products  for  which 
such 
indication  would  not  provide  the 
consumer  with  adequate  information  or 
would  be  liable  to  create  confusion. 

2. 
the 
Member  States  may  waive 
obligation  to  indicate  the  unit  price  of 
products  for  which  indication  of  length, 
mass  or  volume  is not required  by  national 
or  Community  provisions.  This  applies  in 
particular  to  products  sold  by  individual 
item  or  singly. 

3. 
With  a  view  to  implementing  the 
provisions  set  out  in  paragraphs  1  and  2 
above,  the  Member  States  may,  in the case 
of non-food  products,  establish  a list of the 
products  or product  categories to which the 
obligation  to  indicate  the  unit  price  shall 
remain  applicable. 

Article  7 

that 

Member  States  may  provide 
the 
obligation  to  indicate  the  unit  price  of 
products  other  than  those  marketed  in bulk 
which  are  sold  by  certain  small  retail 
businesses  shall  apply  at  the  latest  by  6 
June  2001, if  the  obligation  to  indicate  the 
unit  price  from  7 June  1997 

12 

the 
Member  States  may  waive 
1. 
obligation  to  indicate  the  unit  price  of 
products  for  which  such  indication  is  not 
meaningful  because  of the products'  nature 
or  purpose. 

2. 

Deleted 

2.  In 
the  case  of  non-food  products, 
Member  States  shall  establish  a  list  of  the 
products to which the obligation  to  indicate 
the  unit  price  shall  remain  applicable.  This 
list shall  be drawn  up in  a practical  way by 
using  a  common  nomenclature.  The 
Commission  shall  provide  a  framework  so 
that  the  lists  in  the  various  Member  States 
are  as  consistent  as  possible  in  terms  of 
content. 

that 

Member  States  may  provide 
the 
obligation  to  indicate  the  unit  price  of 
products  other  than  those  marketed  in  bulk 
which  are  sold  by  certain  small  retail 
businesses  shall  apply  at  the  latest  bv  six 
years  after  publication  of  this  Directive,  if 

the  obligation  to  indicate  the  unit  price  by 
the  date provided  for  in Article  10(0. 

is  likely  to  constitute  a  excessive 

- 
burden  for  these  businesses 

is  likely  to  constitute  a  excessive 

- 
burden  for  these  businesses 

or 

or 

is 

impracticable  because  of 

- 
the 
number  of  products  on  sale, the  sales  area, 
the  nature  of  the  place  of  sale  or  specific 
conditions  applicable  to  certain  forms  of 
business,  such  as  certain  types  of  itinerant 
trade. 

is 

impracticable  because  of 

- 
the 
number  of  products  on  sale, the  sales  area, 
the  nature  of  the  place  of  sale  or  specific 
conditions  applicable  to  certain  forms  of 
business. 

Article  8 

Member  States shall  lay down penalties  for 
infringements of national provisions adopted 
in  application  of  this  Directive,  and  shall 
take  all  necessary  measures  to  ensure  that 
these  are enforced.  These penalties must be 
effective,  proportionate  and  dissuasive. 

Article  9 

unchanged 

1. 
In Article  10, first sentence, first line 
of the  Council Directive 79/581/EEC of 19 
1979.  and  in  the  article  10.  first 
June 
sentence,  first  line  of  the  Council  directive 
88/314/CEE  of  7 June  1988.  the  words  "a 
period  of  9 years"  shall  be  replaced  bv  the 
words  "a  period  expiring  on  the  date 
referred 
of 
Directive  96/.../EC 

in  Article  10(1) 

to 

Council  Directive  79/5 81/EEC  of  19  June 
1979,  as  amended  by  Council  Directive 
88/315/EEC  of  7  June  1988  and  Directive 
88/314/EEC  of  7  June  1988  shall  be 
repealed  with  effect  from  7 June  1997. 

7  OJ  No  L  299,  12.12.1995,  p . l l. 

13 

2. 
Council  Directive  79/581/EEC  of 
19 June  1979,  as  amended  by  Council 
Directive  88/315/EEC  of  7 June  1988, 
Council  Directive  88/314/EEC  of  7 June 
1988  and  the  European  Parliament  and 
Council  Directive 
29 
November  19957  shall  be  repealed  with 
in 
from 
effect 
Article  10m. 

the  date 

95/58/EC 

referred 

of 

to 

Article  10 

1. 
Member States shall bring into  force 
the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this 
Directive by 6 June  1997 at the latest. They 
shall  forthwith 
the  Commission 
inform 
thereof.  The  provisions  adopted  shall  be 
applicable  as  of  7 June  1997. 

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

for 

Member States shall communicate to 
3. 
the  Commission  the  text  of  the  provisions 
of  national  law  which  they  adopt  in  the 
field  governed  by 
In 
particular,  they  shall  indicate  the  rules 
adopted  pursuant  to  Articles  5,  6  and  7, 
and  any  later  amendments  thereto. 

this  Directive. 

Member  States  shall  communicate 
4. 
the  provisions  governing 
the  penalties 
provided  for  in  Article  8,  and  any  later 
amendments  thereto. 

Article  11 

to 

1. 
The  Commission  shall,  not  more 
than  two  years  after  the  date  referred  to  in 
Article  10(1),  submit 
the  European 
Parliament and the Council an initial  report 
on  the  application  of  the  provisions  of 
Article  7. 
The  Commission  shall,  not  more 
2. 
than  four  years  after  the  date  referred  to  in 
Article  10(1),  submit 
the  European 
Parliament  and  the  Council  a  global  report 
on  the  application  of  this  Directive. 

to 

1. 
Member States shall bring into  force 
the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this 
Directive two years after  publication  of the 
Directive  at the latest.  They  shall  forthwith 
inform 
thereof.  The 
provisions  adopted  shall  be  applicable  two 
years  after  application  of the  Directive. 

the  Commission 

2. 

Unchanged 

3. 

Unchanged 

4. 

Unchanged 

1. 

Unchanged 

2. 

Unchanged 

Article  12 

This  Directive  is  addressed  to  the  Member 
States. 

Unchanged 

^ 

ISSN 0254-1475 

COM(96) 264 final 

DOCUMENTS 

EN 

10 

Catalogue number  : CB-CO-96-275-EN-C 

ISBN 92-78-05303-1 

Office for Official  Publications of the European Communities 

L-2985  Luxembourg 

IS