AMENDED PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE AMENDING DIRECTIVE 84/450/EEC CONCERNING MISLEADING ADVERTISING SO AS TO INCLUDE COMPARATIVE ADVERTISING
Date: 1996-12-13
Institutions: European Commission
Subjects: advertising, advertising malpractice, approximation of laws, competition, consumer protection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  13.13.1996 
COM(96)  700  final  -  COD 343 

OPINION OF THE COMMISSION 
pursuant to Article  189 b (2)  (d) of the EC Treaty, 
on the European Parliament's  amendments 
to the Council's  common  position  regarding the 

proposal  for a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DIRECTIVE 

AMENDING  DIRECTIVE 84/450/EEC 
CONCERNING  MISLEADING  ADVERTISING 
SO AS TO INCLUDE COMPARATIVE  ADVERTISING 

AMENDING  THE PROPOSAL  OF THE COMMISSION 
pursuant to Article  189 a (2)  of the EC Treaty 

EXPLANATORY  MEMORANDUM 

I 

THE  BACKGROUND 

On  19 March  1996  the  Council  of  the  European  Union  established  a  common  position 
with  a view  to  the  adoption  of  a Directive  amending  Directive  84/450/EEC  concerning 
misleading  advertising  so  as  to  include  comparative  advertising. 

On  23  October  1996  the  European  Parliament  adopted  at  its  second  reading,  in  the 
framework  of the co-decision procedure, its opinion on the common position  (rapporteur: 
Mrs  Oomen-Ruijten).  This  opinion  contains  16  amendments,  eight  of  which  were 
accepted  by  the  Commission  at  its  plenary  meeting. 

Pursuant to Article  189b(2)(d) of the Treaty, the Commission  must deliver  an opinion to 
the Council concerning Parliament's amendments. In this particular case the opinion alters 
the  Commission's  proposal  as  provided  for  in Article  189a(2)  of  the  Treaty. 

H 

THE  COMMISSION'S  POSITION  ON  THE  AMENDMENTS 

At its plenary  meeting the Commission  agreed to accept amendments  1, 2, 4, 8, 9,  16, 20 
and 21. However  the Commission  cannot accept amendments  3, 6,  12,  13, 15,  17,  18 and 
19, for  the  following  reasons: 

Amendments  3  and  15 concern  comparative  tests.  At  the  Edinburgh  European  Council 
in  1992,  the  Commission  undertook  to  revise  a  series  of  proposals  -  including  the 
proposal  on  comparative  advertising  -  so  as  to  remove  certain  aspects  that  were 
incompatible  with  the  principle  of  proportionality  In the  case  in  point  the  Commission 
considered that the provisions on comparative tests (which featured  in the initial proposal) 
could  be  withdrawn  because  they  were  not  strictly  necessary  in  order  to  achieve  the 
proposal's  objectives. 

Amendments  6,  18  and  19  concern  voluntary  regulatory  systems.  The  creation  of  a 
"European  self-regulatory  umbrella  body"  (Amendment  19)  is  unacceptable  because  of 
the  potential  financial  implications  for  the  Community  budget.  The  role  of  the  national 
self-regulatory  bodies  (Amendments  6  and  18)  is  already  given  due  recognition  in 
Article  5 of  Directive  84/450/EEC  and  Amendment  18 could  lead  to distortions  not only 
with  regard  to  comparative  advertising  but  also  with  regard  to  misleading  advertising 
(which  is  also  covered  by  the same~provision). 

Amendments  12  and  13  have  to  be  rejected  because  of  the  excessive  and  unreasonable 
burden  they  would  place  on  advertisers,  bearing  in  mind  the  other  conditions  already 
contained  in  the  text  of  the  common  position  (Article  3a). 

Amendment  17 modifies  the  first  paragraph  of  Article  4  of  Directive  84/450/EEC.  If 
accepted,  its effect  would be to allow Member States to "require prior recourse to other 
established  means  of  dealing with  complaints,  including those referred  to in Article 5" 
(self-regulatory  procedures).  Such  an  amendment  could  prevent  or  at  any  rate  delay 
consumer access to ordinary justice, and might well be incompatible with Article 6 of the 
European  Convention  on Human Rights. 

m 

AMENDED  PROPOSAL 

In view of  the above,  and in compliance with the provisions  governing  the co-decision 
procedure,  the  proposal  has  been  amended  by  the  Commission  so  as  to  include 
Amendments  1, 2, 4, 8, 9,  16, 20 and 21 of the European  Parliament. 

AMENDED  PROPOSAL FOR A EUROPEAN  PARLIAMENT 
AND COUNCIL  DIRECTIVE 
AMENDING DIRECTIVE  84/450/EEC 
CONCERNING  MISLEADING  ADVERTISING 
SO AS TO INCLUDE COMPARATIVE  ADVERTISING 

COMMON POSITION OF THE COUNCIL 

AMENDED PROPOSAL 

THE  EUROPEAN  PARLIAMENT  AND 
THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

THE EUROPEAN  PARLIAMENT  AND 
THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

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

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

and 

Having  regard 
Commission , 

to  the  proposal  from 

the 

Having  regard  to  the  proposal  from  the 
Commission, 

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

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

Acting  in  accordance  with  the  procedure 
referred  to in Article  189b of the Treaty (3), 

Acting  in  accordance  with  the  procedure 
referred to in Article  189b of the Treaty, 

Unchanged 

(1)  Whereas  one  of  the  Community's  main 
aims  is  to  complete  the  internal  market; 
whereas  measures  must  be  adopted  to  ensure 
the  smooth  running  of  the  said  market; 
whereas  the  market  comprises  an  area  which 
has  no  internal  frontiers  and  in  which  goods, 
persons, services and capital can move freely; 

(2) Whereas the completion  of the internal 
(2)  Whereas  the  completion  of  the  internal 
market  will  mean  an  ever  wider  range  of  market  will  mean  an  ever  wider  range  of 

1. OJNoC  180,  11.7.1991,  p.  14. 

2.  OJ No C 49, 24.2.1992,  p. 35. 

A 

choice; whereas given  that  consumers  can 
and must make the best possible use of the 
internal  market,  and  that  advertising  is  a 
very  important  means of  creating  genuine 
outlets 
services 
for  all  goods  and 
throughout the European  Community,  the 
basic  provisions  governing  the  form  and 
content of comparative  advertising  should 
be uniform and the conditions ofthe use of 
comparative  advertising  in  the  Member 
States  should  be  harmonised;  whereas  if 
these  conditions  are  met  this  will  help 
demonstrate  objectively  the  merits  of  the 
various  comparable  products;  whereas 
comparative advertising can also stimulate 
competition  between  suppliers  of  goods 
and services to the consumer's advantage; 

Unchanged 

Unchanged 

form 

choice; whereas, given that consumers can and 
must make the best possible use ofthe  internal 
is  a  very 
that  advertising 
market,  and 
important  means  of  creating  genuine  outlets 
for  all  goods  and  services  throughout  the 
Community,  the  basic  provisions  governing 
and  content  of  comparative 
the 
advertising  should  be  uniform  and 
the 
conditions  of 
the  use  of  comparative 
advertising  in  the  Member  States  should  be 
harmonized;  whereas 
help 
demonstrate 
the  various 
the  merits  of 
comparable  products;  whereas  comparative 
advertising  can  also  stimulate  competition 
between suppliers of goods and services to the 
consumer's advantage; 

this  will 

or 

the 

laws, 

acceptance 

concerning 

non-acceptance 
to 

regulations  and 
(3)  Whereas 
administrative  provisions  of  the  individual 
Member  States 
comparative 
advertising  differ  widely;  whereas  advertising 
reaches beyond the frontiers and is received on 
the territory  of  other  Member  States; whereas 
of 
the 
the 
comparative  advertising  according 
various  national 
laws  may  constitute  an 
obstacle  to  the  free  movement  of  goods  and 
services  and  create  distortions  of  competition; 
whereas,  in  particular,  firms  may  be  exposed 
to 
forms  of  advertising  developed  by 
competitors  to  which  they  cannot  reply  in 
to 
equal  measure;  whereas 
the  freedom 
provide  services 
to  comparative 
relating 
advertising  should  be  assured;  whereas  the 
Community 
is  called  on  to  remedy  this 
situation; 

(4)  Whereas  the  sixth  recital  of  Council 
Directive  84/450/EEC  of  10  September  1984 
relating 
laws, 
regulations  and  administrative  provisions  of 
the  Member  States  concerning  misleading 
advertising"  states that, after  the harmonization 

the  approximation  of 

to 

3.  OJNoL250,  19.9.1984, p.  17. 

of  national  provisions  against  misleading 
advertising,  'at  a  second  stage  .  .  .,  as  far  as 
necessary,  comparative  advertising  should  be 
the  basis  of  appropriate 
dealt  with,  on 
Commission proposals' ; 

(5)  Whereas  point  3  (d)  of  the  Annex  to  the 
Council  resolution  of  14  April  1975  on  a 
the  European 
preliminary  programme  of 
a  consumer 
for 
Economic  Committee 
protection  and  information  policy 
includes 
the right to information  among the basic rights 
of consumers; whereas this right  is  confirmed 
by the Council Resolution of  19 May  1981 on 
a  second  programme  of 
the  European 
Economic  Community 
for  a  consumer 
protection and information  policy  , point 40 of 
the  Annex,  which  deals  specifically  with 
consumer  information;  whereas  comparative 
advertising,  when 
relevant, 
verifiable  and  representative  features  and  is 
not  misleading, 
is  a  legitimate  means  of 
informing  consumers of their advantage; 

it  compares 

and 

information 

is  confirmed  by 

(5) Whereas point 3(d) ofthe  Annex to the 
Council  resolution  of  14 April  1975  on  a 
preliminary  programme  of  the  European 
Economic  Committee  for  a  consumer 
policy4 
protection 
includes  the  right  to  information  among 
the basic rights of consumers; whereas this 
the  Council 
right 
Resolution  of  19 May  1981  on  a  second 
programme  of  the  European  Economic 
Community for a consumer protection and 
information  policy  ,  point  40  of 
the 
Annex,  which  deals  specifically  with 
consumer 
whereas 
information; 
comparative advertising, when it compares 
essential,  verifiable  and 
representative 
features  and  is  not  misleading,  may  be  a 
legitimate means  of  informing  consumers 
of their advantage; 

(6) Whereas  it  is desirable to  provide a broad 
concept of comparative advertising to cover all 
modalities of comparative advertising; 

Unchanged 

4.  OJ No C 92, 25.4.1975,  p. 1, 

5.  OJNoC  133, 3.6.1981,  p. 1. 

Unchanged 

of 

in  order 

conditions 

far  as 
should 

permitted 
(7)  Whereas 
the 
comparative  advertising,  as 
be 
concerned, 
is 
comparison 
established 
to  determine  which 
practices  relating  to  comparative  advertising 
may  distort  competition,  cause  damage  to 
competitors  and  have  an  adverse  effect  on 
consumer  choice;  whereas  such  conditions  of 
permitted advertising should include criteria of 
objective  comparison of the features  of goods 
and services; 

(8) Whereas the comparison  of the price only 
of goods and services should be possible if this 
comparison  respects  certain  conditions,  in 
particular that it shall not be misleading; 

Unchanged 

(9)  Whereas,  in  order  to  prevent  comparative 
advertising  being  used  in  an  anti-competitive 
and unfair  manner,  only  comparisons between 
competing  goods  and  services  meeting  the 
same needs  or  intended  for  the same  purpose 
should be permitted; 

Unchanged 

Deleted 

Unchanged 

cumulative 

should  be 

(10)  Whereas  the  conditions  of  comparative 
advertising 
and 
respected  in  their  entirety;  whereas  this  shall 
not  prevent  Member  States  from  defining 
modalities  of  implementation  for  each  of  the 
conditions,  in  order  to  find  the  appropriate 
solution in each case; 

(11) Whereas these conditions  should  include, 
in  particular,  consideration  of  the  provisions 
resulting  from  Council  Regulation  (EEC)  No 
2081/92 of  14 July  1992 on  the  protection  of 
geographical  indications  and  designations  of 
origin 
and 
in  particular  Article  13 
foodstuffs  ,  arid 
thereof,  and  of 
the  other  Community 
provisions adopted  in the agricultural sphere; 

agricultural 

products 

for 

(12)  Whereas  Article  5  of  First  Council  Unchanged 

6.  OJNoL208,  24.7.1992,  p.  1. 

Directive  89/104  of  21  December  1988  to 
approximate  the  laws  of  the  Member  States 
relating  to  trade  marks  confers  exclusive 
rights  on  the  proprietor  of  a  registered  trade 
mark,  including  the  right  to  prevent  all  third 
parties  from  using,  in the course of trade, any 
sign which  is identical with,  or similar to, the 
trade  mark  in  relation  to  identical  goods  or 
services  or  even,  where  appropriate,  other 
goods; 

however, 

(13)  Whereas 
be 
it  may, 
indispensable,  in  order  to  make  comparative 
advertising  effective,  to  identify  the  goods  or 
services of a competitor, making reference to a 
trade mark or trade name of which the latter is 
the proprietor; 

(14) Whereas such use of another's trade mark, 
trade name or other distinguishing marks does 
not breach  this  exclusive right  in  cases where 
it  complies  with  the  conditions  laid  down by 
this Directive, the intended  target being solely 
to  distinguish  between  them  and  thus  to 
highlight differences  objectively; 

(15)  Whereas  provisions  should  be  made  for 
the  legal  and/or  administrative  means  of 
redress • mentioned  in  Articles  4  and  5  of 
Directive  84/450/EEC 
to  be  available  to 
control  comparative  advertising which  fails  to 
this 
meet 
Directive;  whereas  Article  6  applies 
to 
unpermitted  comparative  advertising  in  the 
same way; 

laid  down  by 

the  conditions 

Unchanged 

Unchanged 

Unchanged 

(16)  Whereas  Article  7  of  Directive 
84/450/EEC  allowing Member  States to retain 
or  adopt  provisions  with  a  view  to  ensuring 
more  extensive  protection  for  consumers, 
persons  carrying  on  a trade,  business,  craft  or 

Unchanged 

1.  OJ No L40,  11.2.1989,  p.  1. Directive last amended  by  Decision  92/10/EEC 

( O J N 0 L 6,  11.1.1992,  p.  35.) 

profession,  and  the general  public, should  not 
apply  to  comparative  advertising,  given  that 
the objective of amending the said Directive is 
to 
under  which 
conditions 
comparative advertising is permitted; 

establish 

(17)  Whereas  a  comparison  which  presents 
goods  or  services  as  an  imitation  or  a replica 
of goods or services bearing a registered trade 
mark  shall  not  be  considered  to  fulfil  the 
conditions to be met by permitted  comparative 
advertising; 

(18) Whereas  this  Directive  in no way  affects 
Community  provisions  on  advertising  for 
specific products and/or services or restrictions 
or  prohibitions  on  advertising  in  particular 
media; 

if  a  Member  State, 

in 
(19)  Whereas 
compliance with  the provisions  of the Treaty, 
prohibits  advertising  regarding  certain  goods 
or  services,  this  ban  may,  whether  it  is 
imposed  directly  or by a body or organization 
responsible  under  the  law  of  that  Member 
State 
the  exercise  of  a 
commercial,  industrial,  craft  or  professional 
activity, 
comparative 
advertising; 

regulating 

extended 

for 

be 

to 

(20)  Whereas  Member  States  shall  not  be 
obliged  to  permit  comparative  advertising  for 
goods  or  services  on  which  they  maintain  or 
introduce  bans,  including  bans  as  regards 
marketing  methods  or  advertising  which 
targets vulnerable consumer groups; 

regulating 

(21)  Whereas 
comparative 
advertising  is, under  the  conditions  set  out  in 
this  Directive,  necessary  for 
the  smooth 
running  of  the  internal  market  and~*whereas 
is  required; 
action  at  Community 

level 

Unchanged 

Unchanged 

Unchanged 

(20) Whereas  Member  States  shall  not  be 
obliged  to permit  advertising  for  goods  or 
services  on  which 
they  maintain  or 
introduce  bans  which  comply  with  the 
provisions of the Treaty,  including bans as 
regards  marketing  methods  or  advertising 
which  target  vulnerable  consumer  groups 
and bans based on the codes of  ethics  laid 
down by  some  professions  in the  exercise 
of 
the  self-regulating  powers  granted 
under the general legal system; 

Unchanged 

whereas  the  adoption  of  a  Directive  is  the  ' 
appropriate  instrument  because  it  lays  down 
uniform  general  principles while allowing the 
Member  States  to  choose  the  form  and 
appropriate  method  by  which  to  attain  these 
objectives; whereas it is in accordance with the 
principle of subsidiarity. 

HAVE ADOPTED  THIS DIRECTIVE: 

Article 1 

Directive  84/450/EEC  is  hereby  amended  as  Unchanged 
follows: 

1. the title shall be replaced by the following: 

Unchanged 

'Council  Directive  of  10  September  1984  Unchanged 
concerning  misleading 
and 
advertising" ; 

comparative 

2. Article 1  shall be replaced by the following:  Unchanged 

Unchanged 

'Article 1 
The  purpose  of  this  Directive  is  to  protect 
consumers,  persons  carrying  on  a  trade  or 
business or practising a craft or profession  and  -
the  interests  of  the  public  in  general  against 
the  unfair 
misleading 
consequences  thereof  and  to  lay  down  the 
conditions 
comparative 
under  which 
advertising is permitted/; 

advertising 

and 

3.  the  following  point  shall  be  inserted  in  Unchanged 
Article 2: 
'2  (a):  "comparative  advertising"  means  any  Unchanged. 
advertising  which  explicitly  or by  implication 
identifies  a  competitor  or  goods  or  services 
offered  by a competitor;' ; 

4. the following Article shall be added: 

Unchanged 

'Article 3 a 

1. Comparative  advertising  shall, as far  as the  Unchanged 

comparison  is  concerned,  be  permitted  when 
the following conditions are met: 

(a) it is not misleading according to Articles 2 
(2), 3 and 7(1); 

Unchanged 

(b) it compares goods or  services meeting the 
same needs or intended for the same purpose; 

Unchanged 

(c)  it  objectively  compares  one  or  more 
material, relevant verifiable and representative 
features  of  those  goods  and  services,  which 
may include price; 

(c) 

it  objectively  compares  one  or 
more  essentia^  verifiable  and 
representative  features  of  those 
goods  and  services,  which  may 
include price; 

(d)  it does  not  create confusion  in the market 
place between the advertiser  and a competitor 
or between  the  advertiser's  trade marks,  trade 
names,  other  distinguishing  marks,  goods  or 
services and those of a competitor; 

Unchanged 

(e)  it does not  discredit or denigrate the trade 
marks, 
trade  names,  other  distinguishing 
marks,  goods,  services  or  activities  of  a 
competitor; 

(e) 

it  does  not  discredit  or  denigrate 
the trade marks, trade names, other 
goods, 
distinguishing  marks, 
services  or  activities,  personal 
qualities  or  circumstances  of  a 
competitor; 

(f)  for  products  with  designation  of  origin,  it  - Unchanged 
relates  in each  case to products with the same 
designation; 

« 

(g)  it  does  not  take  unfair  advantage  of  the  Unchanged 
reputation of a trade mark, trade name or other 
distinguishing  marks of a competitor or of the 
designation of origin of competing products. 

(h) 

in the case of professional  services, 
it  does  not  conflict  with  codes  of 
conduct  which  comply  with  the 
provisions  of  the  Treaty  and  have 
been  laid  down  in  the  exercise  of 
the  self-regulating  powers  granted 
under the general legal system. 

2. Any comparison  referring  to a special  offer 
shall  indicate  in  a  clear  and  unequivocal  way 

Unchanged 

the  date  on  which  the  offer  ends  or,  where 
appropriate,  that the special  offer  is subject  to 
the availability of the goods and services, and, 
where the special  offer  has not yet begun, the 
date ofthe  start ofthe  period  during which the 
special  price or other  specific  conditions  shall 
apply/; 

5.  the  first  and  second  subparagraphs  of  Unchanged 
Article  4  (1)  shall  be  replaced  by 
following: 

the 

'1.  Member  States  shall  ensure  that  adequate  Unchanged 
and  effective  means  exist  for  the  control  of 
misleading advertising  and for  the compliance 
with the provisions on comparative advertising 
in  the  interests  of  consumers  as  well  as 
competitors and the general public. 

Such  means  shall  include  legal  provisions  Unchanged 
under which persons or organizations regarded 
under  national  law  as  having  a  legitimate 
interest  in  prohibiting  misleading  advertising 
or regulating comparative advertising may: 

(a) take legal action against such advertising; 
and/or 

Unchanged 

such 

advertising  before 

(b)  bring 
administrative  authority  competent  either  to 
decide on complaints or to  initiate appropriate 
legal proceedings/; 

an  •  Unchanged 

6. Article 4 (2) is hereby amended as follows: 

Unchanged 

(a)  the  indents  in  the  first  subparagraph  shall  Unchanged 
be replaced by the following: 

'-  to  order  the  cessation  of,  or  to  institute  Unchanged 
appropriate  legal  proceedings  for  an order  for 
the  cessation  of,  misleading  or  unpermitted 
comparative advertising, or 

- if the misleading or unpermitted  comparative  Unchanged 
advertising  has  not  yet  been  published  but 
publication 
the 
imminent, 
prohibition  of,  or  to  institute  appropriate legal 

to  order 

is 

proceedings for an order for the prohibition  of, 
such publication/ ; 

(b)  the  introductory  wording  to  the  third 
subparagraph 
the 
following: 

replaced  by 

shall  be 

'Furthermore, Member States may confer upon 
the courts or administrative authorities powers 
enabling them, with  a view to eliminating the 
or 
continuing 
of  misleading 
unpermitted  comparative  advertising, 
the 
cessation of which has been ordered by a final 
decision/; 

effects 

Unchanged 

Unchanged 

7. Article 5 shall be replaced by the following: 

Unchanged 

'Article 5 

This Directive does not  exclude the voluntary  Unchanged 
comparative 
control  of  misleading  or 
advertising  by  self-regulatory  bodies  and 
recourse  to  such  bodies  by  the  persons  or 
in  Article  4  if 
organizations  referred 
proceedings before  such bodies are in addition 
to  the  court  or  administrative  proceedings 
referred to in that Article/ ; 

to 

8. Article 7 shall be replaced by the following: 

•  Unchanged 

'Article 7 

1.  This  Directive  shall  not  preclude  Member 
States  from  retaining  or  adopting  provisions 
with  a  view  to  ensuring  more  extensive 
protection,  with 
to  misleading 
advertising,  for  consumers,  persons  carrying 
on  a  trade,  business,  craft  or  profession,  and 
the general public. 

regard 

Unchanged 

2.  Paragraph  1 shall  not  apply  to  comparative 
advertising  as  far  as 
is 
concerned. 

the  comparison 

Unchanged 

3.  The provisions  of this  Directive shall  apply 
without prejudice to Community  provisions on 
specific  products  and/or 
advertising 

for 

Unchanged 

10 

Unchanged 

services  or  to  restrictions  or  prohibitions  on 
advertising in particular media. 

4. The provisions of this Directive conceming 
comparative  advertising  shall  not  oblige 
Member  States which,  in compliance with the 
provisions ofthe  Treaty, maintain or introduce 
advertising  bans  regarding  certain  goods  or 
services,  whether  imposed  directly  or  by  a 
body  or  organization  responsible,  under  the 
law  of  the  Member  States,  for  regulating  the 
exercise  of  a  commercial,  industrial,  craft  or 
professional  activity,  to  permit  comparative 
advertising  regarding  those goods or services. 
Where  these  bans  are  limited  to  particular 
media,  the  Directive  shall  apply  to  the  media 
not covered by these bans/. 

Article 2 

Unchanged 

1.  Member  States  shall  bring  into  force  the 
laws, regulations and administrative provisions 
necessary to  comply  with this Directive at the 
latest  30  months  after  its  publication  in  the 
Official 
European 
Communities. They shall forthwith  inform  the 
Commission thereof. 

Journal 

the 

of 

2. When Member  States adopt these measures, 
they  shall  contain  a reference  to this Directive 
or shall  be accompanied  by  such reference on 
the  occasion  of  their  official  publication.  The 
methods  of  making  such  reference  shall  be 
laid down by Member States. 

Unchanged 

3.  Member  States  shall  communicate  to  the 
Commission  the text ofthe  main provisions of 
domestic  law  which  they  adopt  in  the  field 
governed by this Directive. 

Unchanged 

11 

Article 3 

This  Directive  is  addressed  to  the  Member  Unchanged 
States. 

Done at.. . 

For the Council 
The President 

12 

ISSN 0254-1475 

COM(96) 700 final 

DOCUMENTS 

EN 

10  08  16 

Catalogue  number  :  CB-CO-96-708-EN-C 

ISBN  92-78-13793-6 

Office  for  Official  Publications ofthe  European  Communities 

L-2985  Luxembourg 

/\b