Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on injunctions for the protection of consumers' interests
Date: 1996-12-23
Institutions: European Commission
Subjects: access to the courts, application of EU law, consumer protection, restriction on competition, single market

**#*^<l!wijiKîJ-» 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  23.12.1996 
COM(96) 725 final 

96/0025 (COD) 

Amended proposal  for a 

EUROPEAN PARLIAMENT  AND  COUNCIL  DIRECTIVE 

on injunctions for the protection of consumers' interests 

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

EXPLANATORY  MEMORANDUM 

L  PROCEDURE 

On  24  January  1996,  the  Commission  adopted  a  proposal  for  a  Directive  relating  to 
injunctions  for  the  protection  of  consumers'  interests1  on  the basis  of  Article  100a of  the 
Treaty  establishing  the  European  Community.  This  proposal  is  designed  to  ensure  that 
Community  consumer  legislation  is  applied  effectively,  and  covers  injunctions  against 
infringements  of national  provisions transposing Community  law in this area. To this end, 
and  especially  to prevent intra-Community  infringements,  the proposed  Directive  applies 
the  principle  of  mutual  recognition  to  entities  "qualified"  to bring  an  action  on  the  basis 
of  lists  which  shall  be  drawn  up  by  the  Member  States  and  published  in  the  Official 
Journal  of  the  European  Communities. 

The  Economic  and  Social  Committee  gave  its  opinion  on  25  September  1996  and  the 
European  Parliament,  to  which  the  proposal  was  submitted  under  the  co-decision 
procedure,  gave  its  opinion  at  the  first  reading  on  14 November  1996  (Rapporteur:  M. 
Verde  i  Aldea).  The  legislative  resolution  adopted  by  the  Parliament  approves  the 
proposal  subject  to 20 amendments,  17 of which  were accepted  in their entirety  or in  part 
by  the  Commission  during  the  debate  preceding  the  vote  at  the  plenary  sitting. 

II  T HE  COMMISSION'S  POSITION  WITH  REGARD  TO  THE  AMENDMENTS 

Amendments  6,  19  and  25  were  rejected  by  the  Commission  on  the  grounds  of 
proportionality  and,  in  particular,  recitals  9,  10 and  11 of  the  proposal  for  a Directive. 

At the plenary  sitting of the Parliament,  the Commission  undertook  to accept  amendments 
1, 3, 7, 9,  11,  13,  14,  15,  16,  17,  18, 22, 24 and,  subject  to certain  changes,  amendments 
8.  10. 20,  and  23. 

OJ  No  CI07  of  13.4.19%,  p.  3. 

The proposal  for  a Directive  has been  amended  accordingly  by the Commission  under  the 
terms  of  the  provisions  governing  the  co-decision  procedure. 

I ll  THE  AMENDED  PROPOSAL 

Recital  1 and  Article  1 are  amended  on  the  basis  of  amendments  3,  10, and  11  brought 
in  by  the European  Parliament.  They  are  intended  to  make  the  proposal  more  consistent 
with  respect  to  the  concepts  of  the  qualified  entities  defined  in  Article  3  and  of  the 
protected  consumers'  interests  indicated  in  the  directives  listed  in  the  Annex.  In  Article 
1 (1),  "coordinate"  is replaced  by  "approximate"  to bring  it  into  line with  the  term  used 
in  Article  100a)  1)  of  the  Treaty.  Since  this  provides  the  legal  basis  for  the  proposed 
Directive,  the  Commission  considers  the  change  in  the  wording  to  be  justified. 

Recital  15 is amended  in  accordance  with  amendment  7 so as to point  out that,  since  the 
law  applying  to  the  substance  of  a  dispute  comprises  provisions  transposing  one  of  the 
directives listed  in the Annex, it should  be applied  in full.  Indeed,  the proposed  Directive 
does  not  make  for  any  change 
to  the  rules  of  private  international  law  or  to  the 
conventions  in  force  between  the  Member  States. 

Recital  15a  is  added,  which  goes  hand  in  hand  with  the  amendment  to  Article  4  (2)  in 
line  with  amendments  8  and  24,  accepted  by  the  Commission  in  principle.  The 
in  interpretation  of  the 
Parliament's  amendment  is  designed  to  avoid  differences 
"reasonable  time  limit"  which  appears  in  the  initial  proposal  and  the  problems  involved 
in  applying  such  a  vague  concept.  In  the  amended  proposal,  the  limit  is  expressed  in 
weeks firstly  because  "working  days"  are not necessarily  the  same in  the  Member  States 
concerned  and  secondly  because  amendments  8 and  24 refer  to two  different  periods  (30 
and  20  days  respectively).  As  this  provision  applies  in  the  case  of  summary  procedure 
(Article  2 a)), the three  weeks  represent  what  ought  to  be  a  "reasonable"  period  of  time 
in  the  specific  context  of  the  Directive. 

Recital  16a  is  introduced  in  line  with  amendments  9  and  23.  The  underlying  principle 
conforms  with  paragraph  5 of the comments  on the articles in the initial  proposal  and  the 
Commission  endorses it fully.  However,  since it is liable to anticipate the future  activities 
of  the  Community  legislature  if  it  appears  in  the  enacting  terms,  it  is thought  preferable 
to  include  it  in  the  recitals. 

Article  2  is  amended  in  line  with  amendments  13,  14  and  15.  The  change  under  c),  in 
particular,  is in keeping  with the principle of proportionality  in that  it is intended  to  leave 
the  Member  States  as  much  latitude  as  possible.  This  amendment  ensures  that  the  type 
and  beneficiary  of  the  payment  will  actually  be  determined  by  national  law. 

Article  2a  is  introduced  in  the  amended  proposal  in  line  with  amendment  16  and  is 
intended  to  clarify  the  distinction  (which  was  implicit  in  the  initial  proposal)  between 
the  concepts  of  being  qualified  to  act  and  having  an  interest  in  doing  so.  The  Directive 
is  designed  to  introduce  mutual  recognition  of  the  qualification  for  action  ("qualified 

entities")  but  the  interest  in  bringing  an  action  is governed  by  national  law  and  must  be 
assessed  separately  in  each  case  by  the judge  before  whom  the  action  is  brought. 

Article 3 is reworded  to comply  with  amendments  17 and  18 and  to clarify  matters in  the 
spirit of amendment  20. Under the Commission's  proposal,  the Member  States will  apply 
the  "criteria  laid  down  by  national  law",  to  any  organisation  existing  in  their  territories, 
irrespective  of  the  national,  transnational  or  European  nature  of  such  organisations. 

Article  5 is amended  in  line  with  amendment  22.  The  rules governing  prior  notification, 
in  particular,  must  enable  the  action  to  be  brought  "as  quickly  as  possible",  since  it  is 
done  so under  summary  procedure  (Article  2 a)). 

Amended  proposal  for  a European  Parliament  and  Council  Directive 
on  injunctions  for  the protection  of consumers'  interests 

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

on 

) 

INITIAL  PROPOSAL 

AMENDED PROPOSAL 

THE  EUROPEAN 
PARLIAMENT  AND 
THE  COUNCIL  OF  THE  EUROPEAN 
UNION 

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

in  particular 

Having  regard 
Commission, 

to  the  proposal  from 

the 

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, 

(1)  Whereas  certain  Community  directives, 
listed  in  the  schedule  annexed  to  this 
Directive,  lay down  rules with regard to 
protection  of  the  economic  interests  of 
consumers; 

(2)  Whereas  current  mechanisms  available 
both  at national  and  at Community  level 
compliance  with  those 
for  ensuring 
directives  do  not  always  allow 
the 
their 
infringements 
effects 
provisions  to  be  corrected  in  good  time 
to protect consumers' interests; 

of 

of 

Whereas  certain  Community  directives,  listed 
in the  schedule  annexed  to  this  Directive,  lay 
down  rules  with  regard  to  protection  of  the 
economic  interests  of  consumers;  whereas 
these 
interests  of  persons 
exercising  a  commercial,  industrial  or  craft 
activity  and  those  of  the  public  at  large,  as 
against  certain  unlawful  practices  and  their 
effects  in terms of unfair  competition: 

include 

the 

Unchanged 

(3)  Whereas,  as  far  as  the  restraint  of  Unchanged 

is  concerned,  the 
unlawful  practices 
efficacy 
measures 
national 
transposing  those  Directives  is thwarted 

of 

O J N oC  107,  13.4.1996, p. 3 

tr 

INITIAL  PROPOSAL 

COM(95)712 du  24.1.1996 

AMENDED  PROPOSAL  FOLLOWING 
THE PARLIAMENT'S  AMENDMENTS 

(4)  Whereas  those  difficulties  can  disrupt  Unchanged 

the  smooth  functioning  of  the  internal 
market,  their  consequence  being  that  it 
is  sufficient  to  move  the  source  of  an 
unlawful  practice in order to place it out 
of reach of all forms  of redress; whereas 
this 
of 
competition  that  is harmful  to the great 
majority  of firms which comply with the 
provisions of national  law; 

constitutes 

distortion 

a 

(5)  Whereas  those  difficulties  are  likely  to  Unchanged 

and 

in  the 
diminish  consumer  confidence 
internal  market 
may  have 
discriminatory  effects  on  organizations 
representing 
adversely 
affected  by  a  practice  that  infringes 
Community  law; 

consumers 

(6)  Whereas  those  practices  often  extend  Unchanged 

beyond  the  frontiers  of  the  Member 
States,  which  is,  indeed,  the  reason  for 
of 
the 
approximating 
substantive law in question; 

systems 

(7) 

Whereas,  there  is  thus  an  urgent  need  Unchanged 
.for  some  degree  of  coordination  of 
national  provisions  designed  to  enjoin 
the  cessation  of  the  abovementioned 
unlawful  practices,  so  that  the  existing 
means  of 
take  effect, 
redress  can 
irrespective  of  the  country  in  which  the 
unlawful  practice has had its  effects; 

(8)  Whereas  the  objective  of  the  action  Unchanged 

envisaged  can  only  be  attained  by  the 
Community  legislature;  whereas  it  is 
therefore  incumbent  on  the  Community 
legislature to act; 

(9)  Whereas  the  third  paragraph  of  Article  Unchanged 

3b  of  the  Treaty  makes  it  incumbent  of 
the  Community  not  to  go  beyond  what 
is necessary  to  achieve  the  objectives  of 
the Treaty;  whereas,  in accordance  with 
that  Article,  the  specific  features  of 
certain national  legal systems must be 

INITIAL PROPOSAL 

COM(95)712 du 24.1.1996 

AMENDED PROPOSAL FOLLOWING 
THE PARLIAMENT'S  AMENDMENTS 

respected; whereas  that condition can be 
met  by  leaving  Member  States  free  to 
choose  between  different  options  having 
equivalent effect; 

(10)Whereas  one  option  should  consist  in 
requiring  an  independent  public  body, 
specifically 
the 
responsible 
protection  of  consumer  interests  and/or 
competition  matters, 
the 
rights of  action set out in this Directive; 

to  exercise 

for 

Unchanged 

(11)  Whereas the other option  should  provide  Unchanged 

the  exercise  of  those  rights  by 
for 
organizations  which  have  a  legitimate 
interest  in  protecting  consumers,  or  by 
organizations 
in 
accordance  with  criteria  laid  down  by 
national  law; 

representing 

firms, 

(12)  Wliereas  Member  States  should  be  able  Unchanged 

to combine those two options; 

(13)  Wliereas  Member 

States 

should  Unchanged 

designate  at  national  level  the  bodies 
for  the 
and/or  organizations  qualified 
purposes  of  this  Directive;  whereas  the 
principle  of  mutual  recognition  should 
the  bodies  and/or 
be  applied 
organizations  thus  certified  by  Member 
States; 

to 

to 

to 

communicate 

thus  qualified 

( 14) Whereas  it  is  incumbent  on the  Member 
States 
the 
Commission  the  list  of  bodies  and/or 
organizations 
the 
purposes  of  this  Directive,  as  well  as 
lists; 
any  changes 
whereas 
the 
Commission  to  ensure  their  publication 
in  the Official Journal  of  the European 
Communities; 

to  these  national 

the  business  of 

for 

is 

it 

(15)  Wliereas 

this  Directive 

should  be 
without  prejudice  to  the  rules  of  private 
international  law and  the conventions in 
force  between the Member States; 

Unchanged 

Whereas  this  Directive  should  be  without 
prejudice  to  the  rules  of  private  international 
law  and  the  conventions  in  force  between  the 
Member  States  from  which  it  follows  that  the 
national  law  applying  to  the  substance  of  a 

INITIAL PROPOSAL 

COM(95)712 du 24.1.1996 

AMENDED  PROPOSAL  FOLLOWING 
THE PARLIAMENT'S  AMENDMENTS 

dispute  under  the  above  rules  should  be 
applied  in full; 

(15  a)  Whereas,  where  the  Member  States 
have  established  that  there  should  be  prior 
intervention by a national qualified  entity 
having  territorial  jurisdiction  with  a  view  to 
this  Directive,  a 
initiating  action  under 
deadline  of  three  weeks  should  be  set  after 
which,  should  the  latter  body  fail  to  respond 
or  respond  in the  negative,  the  applicant  shall 
be  entitled  to  bring  an  action  before  the 
competent authority  without further  notice; 

Unchanged 

(16)  Whereas  Member  States  should  be  able 
to  require  that  a  prior  notification  be 
issued by the party  that  intends to  bring 
an  action  for  an  injunction,  in  order  to 
give  the  defendant  an  opportunity  to 
bring  the  contested  infringement  to  an 
end; 

the  provisions  of 

this 
(16  a)  Wliereas 
Directive  could  also  be  extended  to  future 
directives  whose  aims  are  adapted  to  the 
general objectives  referred  to in Article  1 ; 

(17)  Whereas the application of this Directive  Unchanged 

should  not  prejudice  the  application  of 
Community  competition  rules, 

HAVE ADOPTED  THIS  DIRECTIVE: 

Article  1 

Scope 

the 

to 
1.  The  purpose  of  this  Directive  is  to  1.  The  purpose  of 
coordinate 
and 
administrative  provisions  of  Member  States  administrative  provisions  of  Member  States 
relating 
at 
protect  consumers'  interests,  so  as  to  ensure  protecting the collective interests of consumers 

this  Directive 
regulations 

remedies  designed 

and  approximate 

to  certain 

to  certain 

regulations 

remedies 

relating 

aimed 

laws, 

laws, 

the 

to 

is 

INITIAL  PROPOSAL 

COM(95)712 du 24.1.1996 

AMENDED  PROPOSAL  FOLLOWING 
THE PARLIAMENT'S  AMENDMENTS 

the smooth functioning  of the internal market, 

a 

and  persons 
commercial. 
exercising 
industrial  or craft  activity, and  the  interests  of 
the  public  at  large,  against  the  infringements 
referred  to  in  Paragraph  2.  with  a  view  to 
ensuring the smooth functioning  of the internal 
market. 

directives 

2.  For  the  purposes  of  this  Directive,  an 
infringement  shall  mean  any  act  contrary  to 
the 
in  the  Annex  and 
transposed  into  the  internal  legal  order  of the 
Member  States  which  harms  consumers' 
interests. 

listed 

Article  2 

Actions  for  an  injunction 

competent 

1.  Member  States  shall designate the court or 
the 
authority 
on 
proceedings  commenced  by 
the  qualified 
entities  within  the  meaning  of  Article  3, and 
seeking: 

rule 

to 

a) 

an  order,  given  at  very  short  notice, and 
where  appropriate  by  way  of  summary 
requiring  the  cessation  of 
procedure, 
any  act  that  is  to  be  regarded  as  an 
infringement; 

interests,  as  enshrined 

2.  For  the  purposes  of  this  Directive,  an 
infringement  shall  mean  any  act  which  harms 
consumers' 
the 
directives  listed  in  the  Annex  and  transposed 
into  the  internal  legal  order  of  the  Member 
States,  or  has  unfair  consequences 
for 
competitors  or  is  contrary  to  the  interests  of 
the public at large. 

in 

Unchanged 

a) an order,  (...)  where  appropriate  by way of 
summary  procedure,  requiring  the cessation  of 
regarded  as  an 
to  be 
any  act 
infringement; 

that 

is 

b)  where  appropriate,  adoption  of 

measures  needed  to  rectify  the  effects  of 
the  infringement, 
of the decision; 

the  b)  where  appropriate,  to  rectify  the  effects  of 
the  infringement  by  taking  or  requiring  the 
including  publication  necessary  measures,  including  publication  of 

the decision; 

osing  party  for 
(c)  an  order  against  the  losing  party  for  c)  an  order  against 
the  beneficiary 
payment to the plaintiff,  in the event of failure  payment 
to  comply  with  the  decision  within  a  time-  provided  for  in  national  legislation,  in  the 
limit  specified  by  the  authority,  of  a  fixed  event  of  failure  to  comply  with  the  decision 

the  I 
or 
the  State  or  „.»,  „~. 

to 

INITIAL  PROPOSAL 

COM(95)712 du 24.1.1996 

AMENDED  PROPOSAL  FOLLOWING 
THE PARLIAMENTS  AMENDMENTS 

amount  for  each  day's  delay  or  any  other 
amount  provided  for  in  national  legislation, 
with  a view to  ensuring  compliance  with  the 
decisions. 

within  a  time-limit  specified  by  the  authority, 
of  a  penalty  payment  for  each  day's  delay  or 
any  other  financial  penalty  provided  for  in 
national  legislation,  with  a  view  to  ensuring 
compliance with the decisions. 

Unchanged 

2.  When  the  action  may,  pursuant  to  a 
convention,  be  brought  in  a  Member  State 
other  than  the  one  whose  legislation  has 
the  competent 
infringed, 
allegedly  been 
authority hearing the case shall take  the same 
measures  as  are  laid  down  for  infringements 
of national  legislation. 

Article  2a (new) 

Where  the  national  legislation  of  a  member 
stricter  conditions  with 
State  establishes 
regard  to  the  recognition  of  the  interest  of 
federations  under  its  jurisdiction  bringing  an 
action, these shall  remain  unaffected. 

entity'  means 

1.  For  the  purposes  of  this  Directive,  a 
any  body  or 
'qualified 
organization  which, being  properly  constituted 
according  to  the  law  in  force  in  a  Member 
State, has a legitimate  interest  in ensuring  that 
the  provisions  referred  to  in  Article  1  are 
complied with, in particular: 

Article  3 

Entities  qualified  to bring  an  action 

For  the  purposes  of  this  Directive,  a 
'qualified  entity'  means  any  body  or 
organization  which, 
to 
national  law, has a  legitimate  interest in 
ensuring  that  the  provisions  referred  to 
in  Article  1  are  complied  with, 
in 
particular: 

according 

a) 

an  independent  public  body,  specifically 
responsible 
for  protecting  consumer 
interests,  in  Member  States  in  which 
such bodies exists; 

Unchanged 

and/or 

and/or 

b) 

organizations  with  a  legitimate  interest  b)  organizations  with  a  legitimate  interest  in 
interests,  as  well  as 
in  protecting consumer  interests, as well  protecting  consumer 

^ 

INITIAL PROPOSAL 

COM(95)712 du 24.1.1996 

AMENDED PROPOSAL FOLLOWING 
THE PARLIAMENT'S  AMENDMENTS 

as  organizations  representing  firms  or 
federations  of  firms,  in accordance with 
the  criteria  laid  down  by  their  national 
law. 

organizations representing firms or  federations 
of firms, in so far  as they are  able  to  seek  the 
corresponding  remedies  under  their  national 
legislation. 

2.  For  the  purposes  of  this  Directive,  and 
without prejudice to the rights granted to other 
entities  under  national 
legislation,  each 
Member  State shall draw up at national  level a 
list  of  entities  qualified  to  bring  an  action 
under  Article  2,  including,  where  appropriate, 
the  European  organizations  and/or  federations 
existing  in  its  territory  provided  they  meet  the 
criteria  laid down  by national  law. The  bodies 
and  organizations  included  in  that  list  shall 
receive  a  document  certifying  their  right  to 
appear  before 
or 
authorities. 
Unchanged 

relevant 

courts 

the 

For  the  purposes  of  this  Directive,  and 
without prejudice to the rights granted to 
other  entities under national  legislation, 
each  Member  State  shall  draw  up  at 
national  level  a  list  of  entities  qualified 
to  bring  an  action  under  Article  2.  The 
included  in 
bodies  and  organizations 
that 
receive  a  document 
certifying  their  right to appear  before  the 
relevant courts or authorities. 

list  shall 

3. 

The  lists  drawn  up  in  accordance  with 
paragraph  2,  as  well  as  any  changes 
thereto,  shall  be  communicated  by  the 
Member  States  to  the  Commission  and 
shall  be published  in the  C Series  of the 
Official  Journal  of 
the  European 
Communities. 

Article  4 

Intra-Community  infringements 

1.  Member  States  shall  take  the  measures  Unchanged 

necessary  to  ensure  that  any  qualified 
entity  whose  interests  are  affected  by  an 
infringement 
another 
originating 
Member  State  may  seise  the  court  or 
competent  authority  referred  to  in  Article 
the  document 
2,  on  presentation  of 
(2). 
3 
for 
provided 

in  Article 

in 

Member  States  may  provide  that  direct 
seisure  referred  to  in  paragraph  1 shall  be 
sought  only  after  a  prior  seisure  of  the 
qualified  entity  of  the  Member  State 
having  territorial  jurisdiction,  with  a  view 
the  action 
to  ensuring 

it  brings 

that 

2.  Member  States  may  provide  that  direct 
seisure  refered  to  in  paragraph  1  shall  be 
sought  only  after  a  prior  seisure  of  the 
qualified  entity  of  the  Member  State  having 
territorial jurisdiction,  with  a view to ensuring 
that  it brings the action  provided  for  in  Article 

/h 

INITIAL  PROPOSAL 

COM(95)712 du 24.1.1996 

AMENDED PROPOSAL  FOLLOWING 
THE PARLIAMENT'S  AMENDMENTS 

provided  for  in  Article  2;  in  such  case 
Member  States  shall  give  the  qualified 
national  entitles  a  reasonable  time-limit 
react. 
within 

which 

to 

Article  5 

Prior  notification 

1.  Member  States  may 

introduce  or 
maintain  in  force  a  requirement  that  the 
party  that  intends  to  seek  an  injunction 
shall  issue  a  prior  notification  to  the 
defendant;  Member  States  which  rely on 
this  option  shall  ensure  that  the  rules 
governing  prior  notification  shall  permit 
an  action  for  an  injunction  within  a 
reasonable time-limit. 

2;  in such  cases  Member  States  shall  give  the 
qualified  national  entity  a 
for 
reaction  not  exceeding  3  weeks  from  the  date 
of reception of the application  by the  qualified 
entity concerned. 

time-limit 

1  Member  States  may 
introduce  or 
maintain in force  a requirement  concerning the 
issuing  of  an  injunction  ordering  the  party 
responsible  for  the  infringement  to  cease  or 
eliminate 
its  unlawful  practices  or  prior 
notification  of  that  party  as  a  preliminary  to 
the  actions  referred  to  in  Article  2:  Member 
States  which  rely  on  this  option  shall  ensure 
that  the  rules  governing  such  injunctions  or 
prior  notification  shall  permit  an  action  for  an 
to  be  brought  as  quickly  as 
injunction 
possible. 

2.  The  rules  governing  prior  notification  Unchanged 

adopted  by  Member  States  shall  be 
notified  to the  Commission  and  shall  be 
published  in the  C Series  of  the Official 
Journal  of the European  Communities. 

3.  The  limitation  period  shall  cease  to  run  Unchanged 

once  the  prior  notification  has  been 
issued. 

Article  6 

Reports 

Every  three  years  and  for  the  first  time  no 
31  December 
later 
the 
than 
Commission 
the  European 
shall  present 
Parliament  and  the  Council  with  a  report  on 
the application  of this Directive. 

2000 

Unchanged 

/!/) 

INITIAL  PROPOSAL 

COM(95)712 du  24.1.1996 

AMENDED  PROPOSAL  FOLLOWING 
THE PARLIAMENT'S  AMENDMENTS 

Article  7 

Provisions for  wider  actions 

This  Directive  shall  not  prevent  Member  Unchanged 
States  from  adopting  or  maintaining  in  force 
provisions  designed  to  grant  representative 
organizations  of  consumers  or  professionals 
and/or  public  bodies  and  any  other  person 
concerned  more  extensive  rights 
to  bring 
action at national level. 

Article  8 

Implementation 

1.  Member  States  shall  bring  into  force  the  Unchanged 
laws, 
regulations  and  administrative 
provisions  necessary  to  comply  with  this 
Directive  by  31 December  1997.  They 
shall 
the 
Commission thereof. 

immediately 

inform 

When  Member  States  adopt 
these 
provisions, these shall contain a  reference 
to this Directive or  shall be accompanied 
by  such  reference  at  the  time  of  their 
official  publication.  The  procedure  for 
such  reference  shall  be  adopted  by 
Member States. 

. 

Member  States  shall  communicate  to  the 
Commission  the  provisions  of  national 
law which  they  adopt  in the  field  covered 
by this  Directive. 

Unchanged 

Article  9 

Unchanged 

Entry  into 

force 

This Directive  shall  enter  into  force  on 
the twentienth  day  following  that  of  its 
publication  in the  Official  Journal  of  the 
European  Communities. 

Article  10 

Unchanged 

/Il 

INITIAL PROPOSAL 
COM(95)712 du 24.1.1996 

AMENDED PROPOSAL FOLLOWING 
THE PARLIAMENT'S AMENDMENTS 

Addressees 

This Directive is addressed to the 
Member States. 

03 

ANNfc>v 

LIST OF DIRECTIVES  COVERED  BY ARTICLE  1(2) 

Council  Directive  84/450/EEC  of  10  September  1984  (misleading  advertising); 
OJNoL250,  19.9.1984,  p.  17; 

Council  Directive  85/577/EEC  of 20 December  1985 (contracts  negotiated  away  from 
business premises);  OJ No L  372,  31.12.1985,  p. 31; 

Council  Directive  87/102/EEC  of  22 December  1986 - OJ No L 42,  12.2.1987,  p. 48, 
as  amended  by  Council  Directive  90/88/EEC  of  22 February  1990  (consumer  credit) 
( O J N 0 L 6 I,  10.3.1990,  p.  14); 

Council  Directive  of  89/552/EEC  of  3  October  1989  (on  the  pursuit  of  television 
broadcasting  activities):  Articles  10 to  23, OJ No  L 298,  17.10.1989,  p. 23; 

Council  Directive  90/314/EEC  of  13 June  1990 (package travel,  package holidays and 
package tours); OJ  No L  158,  23.6.1990,  p. 59; 

Council  Directive  92/28/EEC of  31 March  1992 (advertising  of medicinal  products  for 
human  use);  OJ No L  113,  30.4.1992,  p. 13; 

Council  Directive  93/13/EEC  of  5 April  1993 (unfair  terms  in consumer contracts); 
O J N o L 9 5,  21.4.1993, p. 29; 

European  Parliament  and  Council  Directive  94/47/EC  of  26 October  1994  (protection 
of  purchasers  in  respect  of  certain  aspects  of  contracts  relating  to  the  purchase  of 
the  right  to  use  immoveable  properties  on  a  timeshare  basis);  OJ  No  L  280, 
29.10.1994,  p. 83; 

European  Parliament and  Council  Directive  ... of...  (contracts negotiated  at a distance). 

4H 

ISSN 0254-1475 

COM(96) 725 final 

DOCUMENTS 

EN 

10  06 

Catalogue  number  :  CB-CO-96-737-EN-C 

ISBN  92-78-14171-2 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

16