Commission Recommendation of 26 March 2003 on the application to other media of the provisions of Directive 1999/94/EC concerning promotional literature (Text with EEA relevance) (notified under document number C(2003) 848)
Date: 2003-03-26
Institutions: European Commission
Subjects: combustion gases, consumer information, energy consumption, mass media, motor car, motor fuel, motor vehicle pollution

29.3.2003

EN

Official Journal of the European Union

L 82/33

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION RECOMMENDATION

of 26 March 2003

on the application to other media of

the provisions of Directive 1999/94/EC concerning

promotional literature

(notified under document number C(2003) 848)

(Text with EEA relevance)

(2003/217/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 1999/94/EC of the European Parlia-
ment 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 (1)
and, in particular, Article 9 thereof,

Whereas:

(1)

(2)

(3)

Under Directive 1999/94/EC,
the Commission is
requested to take measures aimed at establishing recom-
mendations in order to enable the application of its
provisions on promotional literature to other media and
material.

The Commission has assessed the importance of other
media for the marketing, advertising and promotion of
vehicles to the general public. Such media included tele-
vision, radio and the internet, as well as electronic
storage media such as video tapes, DVDs and CD-ROMs.

As a result of that research, and after consultation with
the appropriate Committee, with experts from the indus-
trial and commercial sectors concerned, and with other
non-governmental organisations, the Commission identi-
fied the need to establish recommendations in respect of
the use, for the marketing, advertising and promotion of
vehicles to the general public, of internet marketing and
electronic storage media such as video tapes, DVDs and
CD-ROMs.

(4)

(5)

(6)

(7)

A recommendation for those media should be adopted
as soon as possible in order to enable consumers to
make an informed choice and to encourage the harmo-
nised application of certain principles throughout the
Community.

This Recommendation is also justified in the light of the
amendments to Commission Regulation (EC) No 1400/
2002 of 31 July 2002 on the application of Article
81(3) of the Treaty to categories of vertical agreements
and concerned practices in the motor vehicle sector (2),
which will probably result in an increase in the elec-
tronic marketing of new passenger cars.

Consumer organisations and interested parties have been
consulted.

The measures provided for in this Recommendation are
in accordance with the opinion of the Committee estab-
lished under Article 10 of Directive 1999/94/EC,

HEREBY RECOMMENDS:

1. In order to ensure that information on the fuel consumption
and CO2 emissions of new passenger cars is made available
when such cars are offered for sale or lease in the Commu-
nity by electronic means, Member States should take the
necessary measures to ensure that promotional material
distributed by electronic means contain the following infor-
mation:
‘Further information on specific fuel consumption
and CO2 emissions of new passenger cars is given in (…
reference to name of the guide …) which can be obtained
free of charge at all points of sale and (… reference to
national designated body; or direct link to the organisation
charged with the distribution by electronic means …).’

(1) OJ L 12, 18.1.2000, p. 16.

(2) OJ L 203, 1.8.2002, p. 30.

L 82/34

EN

Official Journal of the European Union

29.3.2003

In addition, if this promotional material contains reference
to any particular new passenger car model, or version or
variant, Member States should take the necessary measures
to ensure that the information includes at least the official
specific fuel consumption (combined test cycle) and official
specific CO2 emission figure (combined test cycle) of the
vehicle to which it refers, expressed in the same way as on
the national label established under Directive 1999/94/EC.

In all cases the statement should be easy to understand even
on superficial contact, and no less prominent than the main
part of the information provided. It should be ensured that
the recipient of the promotional material receives this infor-
mation automatically as soon as the promotional material is
displayed for the first time on the web page.

2. In order to ensure that information on fuel consumption
and CO2 emissions of new passenger cars is made available
when such cars are offered for sale and lease in the Commu-
nity by electronic means Member States should take the
necessary measures to ensure that electronic, magnetic or
optical storage media used for the marketing, advertising
and promotion of new passenger cars to the general public
contains the following information: ‘Further information on
specific fuel consumption and specific CO2 emissions of
new passenger cars is given in (… reference to name of the
guide …) which can be obtained free of charge at all points
of sale and (… reference to national designated body/or
direct link to the organisation charged with the distribution
by electronic means …).’

If the electronic, magnetic or optical storage media used for
the marketing, advertising and promotion refer to any parti-
cular new passenger car model, or version or variant,
Member States should take the necessary measures to ensure
that those media contain at least the official specific fuel
consumption (combined test cycle) and official specific CO2
emission figure (combined test cycle) of the vehicle to which
they refer, expressed in the same way as on the national
label established under Directive 1999/94/EC.

If the electronic, magnetic or optical storage media only
contains reference to the make, and not to any particular
model, then fuel consumption and specific CO2 emission
data need not be provided.

The statement referred to in the first paragraph may be
provided in an oral or visual manner. In any case the infor-
mation should be easy to understand, even on superficial
contact, and no less prominent than the main part of the
information provided.

3. Member States should ensure that information on the fuel
consumption and specific CO2 emissions of all new
passenger cars marketed throughout their territories is avail-
able by electronic means.

4. For the purpose of this Recommendation:

1.

2.

3.

4.

‘distribution by electronic means’ means that the infor-
mation is sent initially and received at its destination by
means of electronic equipment for processing (including
digital compression) and storage of data, and entirely
transmitted, conveyed and received by wire, by radio, by
optical means or by other electromagnetic means;

‘promotional material’ means any form of information
used in the marketing, advertising and promotion of new
passenger cars for sale or lease to the general public. It
includes, text and pictures on web pages of which the
content is under legal control of vehicle manufacturers
or companies, organisations and persons which offer
new passenger cars for sale and lease, as well as web
pages of
trade fairs where new passenger cars are
presented to the general public;

‘recipient of the communication’ means any natural or
legal person who takes notice of promotional material,
in particular for the purposes of seeking information;

‘electronic, magnetic or optical storage media’ means any
physical material on which information can be electroni-
cally recorded and which can serve as information tool
for the general public.

This Recommendation does not apply to:

— radio broadcasting services,

— television broadcasting services covered by Article 1 of
Council Directive 89/552/EEC (1), as amended by Direc-
tive 97/36/EC (2).

5. This Recommendation is addressed to the Member States.

Done at Brussels, 26 March 2003.

For the Commission

Margot WALLSTRÖM

Member of the Commission

(1) OJ L 192, 24.7.1990, p. 1.
(2) OJ L 202, 30.7.1997, p. 60.