Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars
Date: 1999-12-13
Institutions: Council of the European Union, European Parliament
Subjects: air quality, consumer information, energy consumption, greenhouse gas, motor car, motor fuel, motor vehicle pollution, reduction of gas emissions

L 12/16

EN

Official Journal of the European Communities

18. 1. 2000

DIRECTIVE 1999/94/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 December 1999
relating to the availability of consumer information on fuel economy and CO2 emissions in respect
of the marketing of new passenger cars

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

aging manufacturers to take steps to reduce the fuel
consumption of the cars that they manufacture;

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

(1) Whereas Article 174 of the Treaty requires prudent and
rational utilisation of natural resources; whereas the
rational use of energy is one of the principal means by
which this objective can be achieved and environmental
pollution reduced;

(2) Whereas the ultimate objective of the UN Framework
Convention on Climate Change is to achieve stabilisation
of greenhouse gas concentrations in the atmosphere at a
level that prevents dangerous anthropogenic interference
with the climate system;

(3) Whereas under the Kyoto Protocol to the United Nations
Framework Convention on Climate Change agreed at the
December 1997 Kyoto Conference, the Community has
accepted the target of reducing its emissions during the
period 2008 to 2012 in respect of a basket of green-
house gases by 8 % relative to 1990 levels;

(4) Whereas in recognition of the importance of passenger
emissions, the Commission has
cars as a source of CO2
proposed a Community strategy to reduce CO
emis-
sions from passenger cars and to improve fuel economy;
whereas in its Conclusions of 25 June 1996 the Council
welcomed the Commission's approach;

2

(5) Whereas information plays a key role in the operation of
market forces; whereas the provision of accurate, rele-
vant and comparable information on the specific fuel
emissions of passenger cars may
consumption and CO
influence consumer choice in favour of those cars which
, thereby encour-
use less fuel and thereby emit less CO2

2

(1) OJ C 305, 3.10.1998, p. 2 and OJ C 83, 25.3.1999, p. 1.
(2) OJ C 40, 15.2.1999, p. 45.
(3) Opinion of the European Parliament of 17 December 1998 (OJ C
98, 9.4.1999, p. 252), Council Common Position of 23 February
1999 (OJ C 123, 4.5.1999, p. 1) and Decision of the European
Parliament of 4 November 1999 (not yet published in the Official
Journal).

(6) Whereas the presence of labels on used cars at the point
of sale could influence buyers of new passenger cars
towards low consumption cars, since this characteristic
will be taken into account when the car is re-sold;
whereas it is therefore appropriate, in connection with
the first review of this Directive, to consider enlarging
the scope to used cars covered by Commission Directive
93/116/EC of 17 December 1993 adapting to technical
progress Council Directive 80/1268/EEC relating to the
fuel consumption of motor vehicles (4);

(7) Whereas it

is therefore necessary to develop a fuel
economy label for all new passenger cars displayed at
the point of sale;

(8) Whereas a fuel economy label should contain informa-
tion on fuel consumption and specific emissions of CO2
that have been determined in accordance with the
laid down in
harmonised standards and methods
Council Directive 80/1268/EEC of 16 December 1980
relating to the carbon dioxide emissions and fuel
consumption of motor vehicles (5);

(9) Whereas it is necessary that supplementary standardised
information on the fuel consumption and specific CO2
emissions of all versions on the new car market
is
available in a suitable form both at the point of sale and
from a designated body in each Member State; whereas
such information may be useful
to consumers who
formulate their purchase decision before entering the
showroom or who choose not to use the services of a
dealer or visit a showroom when purchasing a passenger
car;

(10) Whereas it is important that potential customers are
made aware, at
fuel
the point of sale, of
efficient passenger car models available through that
point of sale;

the most

(11) Whereas all promotional literature, and, as appropriate,
all other promotional material, used in the marketing of
new passenger cars, should contain data on the relevant
fuel consumption and CO
2 emissions for the passenger
car models to which it pertains,

(4) OJ L 329, 30.12.1993, p. 39.
(5) OJ L 375, 31.12.1980, p. 36. Directive as

Commission Directive 93/116/EC.

last amended by

18. 1. 2000

EN

Official Journal of the European Communities

L 12/17

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The purpose of this Directive is to ensure that information
relating to the fuel economy and CO2 emissions of new
passenger cars offered for sale or lease in the Community is
made available to consumers in order to enable consumers to
make an informed choice.

Article 2

For the purposes of this Directive:

‘passenger car’ means any motor vehicle of category M1,
as defined in Annex II to Directive 70/156/EEC (1) and
which falls under the scope of Directive 80/1268/EEC. It
does not
include vehicles falling under the scope of
Directive 92/61/EEC (2) and special purpose vehicles as
defined in the second indent of Article 4(1)(a) of Directive
70/156/EEC;

‘new passenger car’ means any passenger car which has
not previously been sold to a person who bought it for a
purpose other than that of selling or supplying it;

‘certificate of conformity’ means the certificate referred to
in Article 6 of Directive 70/156/EEC;

7.

8.

9.

10.

11.

12.

‘fuel economy label’ means a label which contains
consumer information regarding the official fuel consump-
tion and the official specific emissions of CO
2 of the car to
is attached;
which the label

‘fuel economy guide’ means a compilation of the official
fuel consumption data and official specific emissions of
CO2 for each motel available on the new car market;

‘promotional literature’ means all printed matter used in
the marketing, advertising and promotion of vehicles to
the general public. It includes, as a minimum, technical
manuals, brochures, advertisements in newspapers, maga-
zines and trade press and posters;

‘make’ means the trade name of the manufacturer and is
that which appears on the certificate of conformity and the
type-approval documentation;

‘model’ means the commercial description of the make,
type, and, if available and appropriate, variant and version
of a passenger car;

‘type’,
‘variant’ and ‘version’ mean the differentiated
vehicles of a given make that are declared by the manufac-
turer, as described in Annex II.B to Directive 70/156/EEC,
and uniquely identified by type, variant and version alpha-
numeric characters.

Article 3

‘point of sale’ means a location, such as a car showroom
or forecourt, where new passenger cars are displayed or
offered for sale or lease to potential customers. Trade fairs
where new passenger cars are presented to the public are
included in this definition;

The Member States shall ensure that a label on fuel economy
emissions, which is in accordance with the require-
and CO2
ments described in Annex I, is attached to or displayed, in a
clearly visible manner, near each new passenger car model at
the point of sale.

‘official fuel consumption’ means the fuel consumption
type-approved by the approval authority in accordance
with the provisions of Directive 80/1268/EEC and
mentioned in Annex VIII of Directive 70/156/EEC and
attached to the EC vehicle type-approval certificate or in
the certificate of conformity. Where several variants and/or
versions are grouped under one model, the value to be
given for fuel consumption of that model shall be based
on the variant and/or version with the highest official fuel
consumption within that group;

‘official specific emissions of CO
’ for a given passenger car
2
means those measured in accordance with the provisions
of Directive 80/1268/EEC and mentioned in Annex VIII of
Directive 70/156/EEC and attached to the EC vehicle type-
approval certificate or in the certificate of conformity.
Where several variants and/or versions are grouped under
one model, the values to be given for CO
of that model
shall be based on the variant and/or version with the
highest official CO2 emissions within that group;

2

(1) Council Directive 70/156/EEC of 6 February 1970 on the approxi-
mation of
the Member States relating to the type-
approval of motor vehicles and their trailers (OJ L 42, 23.2.1970,
p. 1). Directive as
last amended by European Parliament and
Council Directive 98/91/EC (OJ L 11, 16.1.1999, p. 25).

the laws of

(2) Council Directive 92/61/EEC of 30 June 1992 relating to the type-
approval of
(OJ L 225,
10.8.1992, p. 72). Directive as amended by the 1994 Act of Acces-
sion.

three-wheel motor vehicles

two or

Article 4

Without prejudice to the establishment by the Commission of
an Internet guide at Community level, the Member States shall
ensure that a guide on fuel economy and CO2 emissions is
produced in consultation with manufacturers on at least an
annual basis in accordance with the requirements of Annex II.
The guide shall be portable, compact and available free of
charge to consumers upon request both at the point of sale and
also from a designated body within each Member State.

The authority or authorities referred to in Article 8 may co-
operate in the preparation of the guide.

Article 5

The Member States shall ensure that, for each make of car, a
poster (or alternatively, a display) is exhibited with a list of the
official fuel consumption data and the official specific CO2
emissions data of all new passenger car models displayed or
offered for sale or lease at or through that point of sale. This
data shall be displayed in a prominent position and in accord-
ance with the format in Annex III.

1.

2.

3.

4.

5.

6.

L 12/18

EN

Official Journal of the European Communities

18. 1. 2000

Article 6

The Member States shall ensure that all promotional literature
contains the official fuel consumption and the official specific
CO
2 emission data of the passenger car models to which it
refers in accordance with the requirements of Annex IV.

Member States shall, as appropriate, provide for promotional
material other than the promotional literature referred to above
to indicate the official CO
emission data and the official fuel
consumption data of the specific car model to which it refers.

2

Article 7

The Member States shall ensure that the presence on labels,
guides, posters or promotional literature and material referred
to in Articles 3, 4, 5 and 6 of other marks, symbols or
inscriptions relating to fuel consumption or CO
2 emissions
which do not comply with the requirements of this Directive is
prohibited, if their display might cause confusion to potential
consumers of new passenger cars.

(c) establishing recommendations

to enable the
application of the principles of the provisions on promo-
tional literature referred to in the first paragraph of Article
6 to other media and material.

in order

Article 10

Committee

The Commission shall be assisted by a committee composed of
the representatives of the Member States and chaired by a
representative of the Commission.

the Commission shall submit

The representative of
to the
committee a draft of the measures to be taken. The committee
shall deliver its opinion on that draft within a time limit which
the chairman may lay down according to the urgency of the
matter. The opinion shall be delivered by the majority laid
down in Article 205 of the Treaty in the case of decisions
which the Council is required to adopt on a proposal from the
Commission. The votes of the representatives of the Member
States within the committee shall be weighted in the manner
laid down in that Article. The chairman shall not vote.

Article 8

The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the committee.

shall notify the Commission of

The Member States
the
competent authority or authorities responsible for the imple-
mentation and functioning of
information
scheme described in this Directive.

the consumer

Article 9

Any amendments which are necessary in order to adapt the
Annexes to this Directive shall be adopted by the Commission
in accordance with the procedure set out in Article 10 and
following consultation with consumer organisations and other
interested parties.

In order to assist this adaptation process, each Member State
shall transmit to the Commission, by 31 December 2003, a
report on the effectiveness of the provisions of this Directive,
covering the period from 18 January 2001 until 31 December
2002. The format of this report shall be established in accord-
ance with the procedure set out in Article 10 not later than 18
January 2001.

Furthermore, the Commission shall,
in accordance with the
procedure laid down in Article 10, take measures aiming at:

(a) further specifying the format of the label referred to in

Article 3 by amending Annex I;

(b) further specifying the requirements concerning the guide
referred to in Article 4 with a view to classifying new car
models thus enabling a listing of the models according to
CO
emissions and fuel consumption in specified classes
2
including a class for a listing of the most fuel efficient new
car models;

the measures envisaged are not

If
in accordance with the
opinion of the committee, or if no opinion is delivered, the
Commission shall, without delay, submit to the Council a
proposal relating to the measures to be taken. The Council
shall act by a qualified majority.

If, on the expiry of a period of three months from the date of
referral to the Council, the Council has not acted, the proposed
measures shall be adopted by the Commission.

Article 11

Member States shall determine the penalties applicable to
breaches of the national provisions adopted pursuant to this
Directive. The penalties shall be effective, proportionate and
dissuasive.

Article 12

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 18 January 2001. They shall forthwith inform the
Commission thereof.

When Member States adopt these provisions, they 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.

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

18. 1. 2000

EN

Official Journal of the European Communities

L 12/19

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

Article 13

This Directive is addressed to the Member States.

Article 14

Done at Brussels, 13 December 1999.

For the European Parliament

The President

N. FONTAINE

For the Council

The President

S. HASSI

L 12/20

EN

Official Journal of the European Communities

18. 1. 2000

ANNEX I

DESCRIPTION OF THE LABEL ON FUEL ECONOMY AND CO
2

EMISSIONS

The Member States must ensure, as a minimum, that all fuel economy labels in their territory:

1. comply to a standardised format in order to allow greater recognition by consumers;

2. are of a size of 297 mm × 210 mm (A4);

3. contain a reference to the model and fuel type of the passenger car to which they are attached;

4. contain the numerical value of the official fuel consumption and the official specific emissions of CO
. The value of the
2
official fuel consumption is expressed in either litres per 100 kilometres (l/100 km), or an appropriate combination of
these and is quoted to one decimal place. The official specific emissions of CO2 are quoted to the nearest whole
number in grams per kilometre (g/km).

Such values can be expressed in different units (gallons and miles) to the extent compatible with the provisions of
Directive 80/181/EEC (1).

5. contain the following text regarding the availability of the guide on fuel consumption and CO2

emissions:

‘A guide on fuel economy and CO
2
point of sale free of charge’

6. contain the following text:

emissions which contains data for all new passenger car models is available at any

‘In addition to the fuel efficiency of a car, driving behaviour as well as other non-technical factors play a role in
determining a car's fuel consumption and CO2 emissions. CO2 is the main greenhouse gas responsible for global
warming’

(1) Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of
measurement and on the repeal of Directive 71/354/EEC (OJ L 39, 15.2.1980, p. 40). Directive as last amended by Directive
89/617/EEC (OJ L 357, 7.12.1989, p. 28).

18. 1. 2000

EN

Official Journal of the European Communities

L 12/21

ANNEX II

DESCRIPTION OF THE GUIDE ON FUEL ECONOMY AND CO
2

EMISSIONS

The Member States must ensure that the guide on fuel economy and CO2 emissions contains, as a minimum, the
following information:

1. a listing of all new passenger car models available for purchase within the Member States on a yearly basis, grouped by
makes in alphabetic order. If in a Member State the guide is updated more than once a year, then the guide should
contain a listing of all new passenger car models available on the date of the publication of this update;

2. for each model that appears in the guide, the fuel type, the numerical value of the official fuel consumption and the
official specific emissions of CO
2. The value of the official fuel consumption is expressed in either litres per 100
kilometres (l/100 km) or kilometres per litre (km/l), or an appropriate combination of these, and is quoted to one
decimal place. The official specific emissions of CO
are quoted to the nearest whole number in grams per kilometre
2
(g/km).

Such values can be expressed in different units (gallons and miles) to the extent compatible with the provisions of
Directive 80/181/EEC;

3. a prominent listing of the 10 most fuel-efficient new passenger car models ranked in order of increasing specific
for each fuel type. The listing must contain the model, the numerical value of the official fuel

emissions of CO
2
;
consumption and the official specific emissions of CO
2
4. advice to motorists that correct use and regular maintenance of the vehicle and driving behaviour, such as avoiding
aggressive driving, travelling at lower speeds, anticipation braking, correctly inflating tyres, reducing periods of idling,
emissions of their passenger car;
not carrying excessive weight, improve the fuel consumption and reduce the CO
2

5. an explanation of the effects of greenhouse gas emissions, potential climate change and the relevance of motor cars as
well as a reference to the different fuel options available to the consumer and their environmental implications based
on the latest scientific evidence and legislative requirements;

6. a reference to the Community's target for the average emissions of CO
2

the target should be achieved;

from new passenger cars and the date of which

7. a reference to the Commission's guide on fuel economy and CO
2

emissions on the Internet, when available.

L 12/22

EN

Official Journal of the European Communities

18. 1. 2000

ANNEX III

DESCRIPTION OF THE POSTER TO BE DISPLAYED AT THE POINT OF SALE

The Member States must ensure that the poster(s) meets, as a minimum, the following requirements:

1. the poster is a minimum size of 70 cm × 50 cm;

2. the information in the poster is easy to read;

3. the passenger car models are grouped and listed separately according to fuel type (e.g. petrol or diesel). Within each
emissions, with the model with the lowest official fuel

fuel type, models are ranked in order of increasing CO
2
consumption being placed at the top of the list;

4. for each passenger car model in the list the make, the numerical value of the official fuel consumption and the official
specific emissions of CO
are given. The value of the official fuel consumption is expressed in either litres per 100
2
kilometers (l/100 km), kilometers per litre (km/l), or an appropriate combination of these, and is quoted to one
decimal place. The official specific emissions of CO
2 are quoted to the nearest whole number in grams per kilometre
(g/km).

Such values may be expressed in different units (gallons and miles) to the extent compatible with the provisions of
Directive 80/181/EEC.

A suggested format is shown below:

Fuel type

Ranking

Model

CO
2

emission

Fuel consumption

Petrol

Diesel

1

2

...

1

2

...

5. the poster contains the following text regarding the availability of the guide on fuel economy and CO2 emissions:
‘A guide on fuel economy and CO2 emissions which contains data for all new passenger car models is available at any
point of sale free of charge;’

6. the poster contains the following text:

‘In addition to the fuel efficiency of a car, driving behaviour as well as other non-technical factors play a role in
determining a car's fuel consumption and CO
is the main greenhouse gas responsible for global
2
warming;’

emissions. CO
2

7. the poster will be completely updated at least every six months. Between two updates, new cars will be added to the

bottom of the list.

18. 1. 2000

EN

Official Journal of the European Communities

L 12/23

ANNEX IV

THE PROVISION OF DATA ON FUEL CONSUMPTION AND CO
2

LITERATURE

EMISSIONS IN PROMOTIONAL

The Member States must ensure that all promotional literature contains the official fuel consumption and official specific
CO
emissions data of the vehicles to which it refers. This information should, as a minimum, meet the following
requirements:

2

1. be easy to read and no less prominent than the main part of the information provided in the promotional literature;

2. be easy to understand even on superficial contact;

3. officiel fuel consumption data should be provided for all different car models to which the promotional material
covers. If more than one model is specified then either the official fuel consumption data for all the models specified is
included or the range between the worst and best fuel consumption is stated. Fuel consumption is expressed in either
litres per 100 kilometers (l/100 km), kilometers per litre (km/l) or an appropriate combination of these. All numerical
data are quoted to one decimal place.

Such values may be expressed in different units (gallons and miles) to the extent compatible with the provisions of
Directive 80/181/EEC.

If the promotional literature only contains referance to the make, and not to any particular model, then fuel consumption
data need not be provided.