Proposal for a Directive of the European Parliament and of the Council on consumer rights {SEC(2008) 2544} {SEC(2008) 2545} {SEC(2008) 2547}
Date: 2008-10-08
Institutions: European Commission
Subjects: approximation of laws, consumer information, consumer protection, contract, domestic market

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.10.2008 
COM(2008) 614 final 

2008/0196 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on consumer rights 

{SEC(2008) 2544} 
{SEC(2008) 2545} 
{SEC(2008) 2547} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

The proposal is a result of the review of the Consumer Acquis which covers a number 
of Directives on consumer protection. 

The  Review  was  launched  in  2004  with  the  objective  to  simplify  and  complete  the 
existing regulatory framework. The overarching aim of the Review is to achieve a real 
business-to-consumer internal market striking the right balance between a high level of 
consumer protection and the competitiveness of enterprises, while ensuring respect of 
the principle of subsidiarity.  

The  Directives  under  review  contain  minimum  harmonisation  clauses  meaning  that 
Member  States  may  maintain  or  adopt  stricter  consumer  protection  rules.  Member 
States  have  made  extensive  use  of  this  possibility.  The  outcome  is  a  fragmented 
regulatory  framework  across  the  Community  which  causes  significant  compliance 
costs for businesses wishing to trade cross-border.  

The conflict-of-law rules like those included in the Regulation on the law applicable to 
contractual  obligations  ("Rome  I")  do  not  address  this  problem.  Under  Rome  I, 
consumers  contracting  with  a  foreign  trader  cannot  be  deprived  of  the  protection 
stemming from the non-derogable rules of their home country. 

The internal market effects of the fragmentation are a reluctance by businesses to sell 
cross-border to consumers which in turn reduces consumer  welfare. If  consumers  are 
precluded  access  to  competitive  cross-border  offers  they  do  not  fully  reap  up  the 
benefits of the internal market in terms of more choice and better prices. 

The level of consumer confidence in cross-border shopping is low. One of the causes 
of this phenomenon is the fragmentation of the Consumer Acquis. The fragmentation 
and the related uneven level of consumer protection make it difficult to conduct pan-
European education campaigns on consumer rights and to carry out alternative dispute 
resolution mechanisms. 

The objective of the proposal is to contribute to the better functioning of the business-
to-consumer internal market by enhancing consumer confidence in the internal market 
and reducing business reluctance to trade cross-border. This overall objective should be 
attained by decreasing the fragmentation, tightening up the regulatory framework and 
providing consumers with a high common level of consumer protection and adequate 
information  about  their  rights  and  how  to  exercise  them.  To  this  end,  the  European 
Commission will put in place a process in order to look for the most appropriate way to 
inform consumers on their basic rights at the point of sale.  

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•  General context 

The  costs  incurred  by  business  to  comply  with  the  fragmented  Consumer  Acquis  are 
significant. Surveys have shown that for the majority of traders, such compliance costs 
constitute  an  important  barrier  to  cross-border  trade  which  reduces  their  incentive  to 
sell  cross-border,  particularly  to  consumers  in  small  Member  States.  If  no  legislative 
action  is  taken  at  Community  level,  such  costs  will  continue  to  be  passed  on  to 
consumers in the form of higher prices or, worse, businesses will continue to refuse to 

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sell cross-border or create geographical discriminations between consumers depending 
on their country of residence.  

The  European  Parliament,  in  its  Resolution  of  16  July  2007  recommended  that 
legislative  action  is  taken  and  expressed  its  preference  for  the  adoption  of  an 
instrument  taking  the  form  of  a  horizontal  Directive  based  on  full  targeted 
harmonisation. 

In its Communication 'A single market for 21st century Europe' of 20 November 2007, 
the  Commission  stated  that  the  single  market  needs  to  deliver  better  results  and 
tangible benefits for consumers and SMEs. 

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•  Existing provisions in the area of the proposal 

The proposal aims at revising Directive 85/577/EEC on contracts negotiated away from 
business  premises,  Directive  93/13/EEC  on  unfair  terms  in  consumer  contracts, 
Directive 97/7/EC on distance contracts, Directive 1999/44/EC on consumer sales and 
guarantees. These four Directives provide for consumer contractual rights.  

The  proposal  merges  these  four  Directives  into  a  single  horizontal  instrument 
regulating  the  common  aspects  in  a  systematic  fashion,  simplifying  and  updating  the 
existing rules, removing inconsistencies and closing gaps. 

The proposal moves away from the minimum harmonisation approach followed in the 
four  existing  Directives  (i.e.  Member  States  may  maintain  or  adopt  stricter  national 
rules than those laid down in the Directive) to embrace a full harmonisation approach 
(i.e.  Member  States  cannot  maintain  or  adopt  provisions  diverging  from  those  laid 
down in the Directive). 

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•  Consistency with the other policies and objectives of the Union 

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in 
the  internal  market  contains  some  basic  information  requirements  which  have  to  be 
fulfilled  by  traders  before  contract  conclusion.  Directives  85/577/EEC,  97/7/EC  and 
99/44/EEC  also  contain  some  information  requirements.  In  line  with  the  Better 
Regulation  objective,  the  proposal  ensures  consistency  between  these  various 
Directives  and  regulates  the  legal  consequences  of  a  failure  to  comply  with  such 
requirements. 

The  proposal  achieves  a  high  level  of  consumer  protection  in  consumer  contracts. 
Therefore,  the  proposal  complies  with  fundamental  rights,  in  particular  Article  38  of 
the Charter of Fundamental Rights of the European Union. 

The proposal also complies with the fundamental principles of the EC Treaty, such as 
the  principles  of  the  free  movement  of  goods  and  the  freedom  to  provide  services 
which  will  not  be  restricted  by  stricter  national  rules  in  the  field  harmonised  by  the 
Directive, except for the necessary and proportionate measures which Member States 
may take on grounds of public policy, public security, public health or the protection of 
the environment, in accordance with Community law. 

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2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

On 8 February 2007, the Commission adopted the Green Paper on the Review of the 
Consumer  Acquis,  summarising  the  Commission's  initial  findings  and  initiating  a 
public  consultation  focusing  on  the  cross-cutting  issues  (i.e.  the  horizontal  issues)  of 
the Directives under review. 

The Green Paper attracted responses from a wide range of stakeholders, i.e. business, 
consumer, European Parliament, Member States, academics and legal practitioners. 

The Commission also published two consultation documents on Directive 97/7/EC and 
on  Directive  85/577/EEC  focusing  on  the  specific  issues  (i.e.  the  vertical  issues) 
pertaining  to  these  Directives.  All  interested  parties  were  invited  to  submit  replies  to 
the  Commission,  respectively  by  21  November  2006  and  4  December  2007.  The 
Commission  received  respectively  84  and  62  replies  from  all  relevant  stakeholders. 
The  outcome  of  these  two  specific  consultations  is  available  at  the  website: 
http://ec.europa.eu/consumers/rights/gen_rights_en.htm 

The Commission held a full-day stakeholder conference on 14 November 2007. 

On  20  December  2007,  two  questionnaires  (the  first  one  targeted  at  businesses,  the 
second  one  targeted  at  consumers)  were  sent  out  by  the  Commission's  contractor  to 
stakeholders.  

The current problems and the envisaged legislative changes with different options have 
been discussed with business and consumer stakeholders who were invited to answer 
questions  on  the  likely  impacts  of  each  option  in  the  context  of  workshops  held  in 
February 2008. 

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Summary of responses and how they have been taken into account 

The majority of respondents to the Green Paper called for the adoption of a horizontal 
legislative  instrument  applicable  to  domestic  and  cross-border  transactions,  based  on 
full  targeted  harmonisation;  i.e.  targeted  at  the  issues  raising  substantial  barriers  to 
trade for business and/or deterring consumers from buying cross-border. The horizontal 
legislative  instrument  should  in  the  view  of  most  respondents  be  combined  with 
vertical revisions of the existing sector-specific directives (for example revision of the 
Timeshare and Package Travel Directives). There was a strong support for tightening-
up  and  systematising  the  Consumer  Acquis,  e.g.  introducing  common  definitions  of 
consumers/traders and delivery, harmonised rules on information and withdrawal rights 
and  the  insertion  at  Community  level  of  a  "black"  list  of  unfair  contract  terms  (i.e. 
terms banned upfront) and a "grey" list of such terms (i.e. terms presumed to be unfair) 
instead of the current purely indicative list. 

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This  Green  Paper  consultation  was  conducted  over  the  internet  from  08/02/2007  to 
15/05/2007.  The  Commission  received  307  responses.  The  results  are  available  on 
http://ec.europa.eu/consumers/rights/cons_acquis_en.htm. 

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•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

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Six  options  have  been  subject  to  an  impact  assessment.  All  policy  options  take  into 
account, as a baseline, the recently-adopted Rome I.  

Policy Option 1 is the status quo option, meaning that the minimum harmonisation of 
the  Consumer  Acquis  is  maintained.  The  economic  impact  of  this  option  is  negative. 
The key problem of the fragmentation of the regulatory framework would persist. 

Policy  Option  2  is  a  non-legislative  option  consisting  of  Community  funding  for 
awareness raising campaigns and self-regulation. As a standalone package, it would not 
bring any positive impact since the key problem of legal fragmentation would remain, 
unless the codes of conduct were based on the highest common standards and covered 
the whole Community.  

Policy Option 3 includes a total of 4 legislative proposals, based on full harmonisation 
and  which  could  fit  in  a  horizontal  instrument.  It  focuses  on  a  limited  number  of 
inconsistencies  in  Community  legislation.  Clearer  and  up  to  date  definitions  simplify 
the  legislation  but  have  very  limited  impact  on  the  contribution  to  the  better 
functioning of the internal market, minimising the burden on business and enhancing 
consumer confidence. 

Policy  Option  4  includes  16  legislative  changes  based  on  full  harmonisation  and 
combined  with  the  four  legislative  changes  proposed  under  Policy  Option  3.  It 
addresses  all  the  relevant  consumer  protection  issues  which  traders  have  to  take  into 
account  when  designing  their  marketing  materials,  drafting  their  standard  contract 
terms  and  operating  their  business  with  consumers.  The  full  harmonisation  of  those 
issues would considerably reduce the administrative costs for distant and direct traders 
selling cross-border and would have a positive impact on the functioning of the internal 
market. Such legislative changes are relevant for consumer confidence in cross-border 
shopping. Furthermore, this Policy Option includes an update of the legislation to new 
market  developments.  This  Policy  Option  has  positive  economic  impacts,  enhance 
consumer confidence and improve the quality of legislation. 

Policy  Option  5  includes  3  legislative  proposals  based  on  full  harmonisation  and 
granting new consumer rights in addition to the 20 legislative changes proposed under 
Policy Options 3 and 4. The negative impact on the costs borne by business and on the 
contribution  to  the  better  functioning  of  the  internal  market  do  not  appear  to  be 
outweighed by the benefits it would bring to consumers. 

Policy Option 6 includes the legislative proposals covered by Policy Option 3 or 4 and 
an  internal  market  clause  applying  to  the  non-fully  harmonised  aspects.  The  internal 
market  clause  would  allow  the  contracting  parties,  for  those  aspects  covered  by  the 
clause,  to  choose  the  law  of  any  Member  State  even  where  that  law  provides  for  a 
lower  level  of  consumer  protection  than  the  law  of  the  country  where  the  consumer 
resides.  Given  its  conflict  with  Article  6  of  Rome  I,  such  a  clause  would  cause  a 
legislative  amendment  and  involve  a  major  policy  change  a  few  months  after  the 
adoption of Rome I which contains a review clause (review to be completed by 2013). 
Furthermore, this policy option, while supported by business, has been opposed by the 
great majority of Member States and all consumer organisations in their response to the 

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Green Paper. While this option would remove regulatory barriers in the internal market 
and result in a reduction of the burden for business,  it  would  transfer  the  problem  of 
legal uncertainty to consumers resulting in negative impacts on consumer confidence; 
it would also create  problems  for  national courts and  enforcement bodies who would 
have to apply a foreign law.  

The  Commission  carried  out  an  impact  assessment  listed  in  the  Work  Programme, 
whose report is accessible on: 

http://ec.europa.eu/consumers/rights/cons_acquis_en.htm. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The purpose of the proposal is to contribute to the proper functioning of the business-
to-consumer internal market and achieve a high common level of consumer protection 
by fully harmonising the key aspects of consumer contract law which are relevant for 
the internal market. 

•  Legal basis 

Article 95 of the Treaty. 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reasons. 

The legal fragmentation problem cannot be solved by the Member States individually 
since  it  is  the  different  implementation  by  the  Member  States  of  the  minimum 
harmonisation  clauses  contained  in  the  existing  Directives  that  is  at  the  root  of  the 
problem.  Likewise,  addressing  new  market  developments,  regulatory  gaps  and 
inconsistencies  in  Community  consumer  laws  in  an  uncoordinated  manner  generates 
more  fragmentation  and  exacerbates  the  problem.  Only  a  coordinated  Community 
intervention  can  contribute  to  the  completion  of  the  internal  market  by  solving  this 
problem. 

Action  by  Member  States  alone  in  an  uncoordinated  manner  would  not  allow  the 
internal market to deliver results both for business, in particular SMEs and consumers. 
Indeed  such  an  uncoordinated  action  would  not  use  the  potential  of  the  business-to-
consumer  internal  market,  particularly  the  high  potential  of  growth  of  cross-border 
distance  selling  which  SMEs  could  directly  benefit  from.  It  would  also  deprive 
consumers  from  reaping  up  the  benefits  of  the  internal  market  with  more  choice  and 
better  prices  from  cross-border  offers.  Finally,  it  would  restrict  the  development  of 
competitive  enterprises,  especially  SMEs  who  would  like  to  expand  their  business 
across the Community. 

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Community action will better achieve the objectives of the proposal for the following 
reasons. 

The proposal is based on full harmonisation of Community consumer contract law. Its 
positive  impact  on  the  retail  market  would  be  considerable.  As  shown  by  the  Impact 
Assessment Report, the savings in terms of administrative burden on business wishing 
to sell cross-border would be high.  

The  proposal  would  create  a  single  set  of  rules  ensuring  a  high  common  level  of 
consumer protection across the Community and allowing traders to sell to consumers 
in  27  Member  States  as  they  would  do  at  home  with  for  example  the  same  standard 
contract  terms  and  the  same  information  materials.  The  proposal  would  therefore 
significantly reduce traders' compliance costs while granting consumers a high level of 
protection.  

The discrepancy between the growth in domestic and cross-border sales is particularly 
significant  for  Internet  sales  for  which  the  potential  of  further  growth  is  high.  This 
proposal  could  therefore  be  one  of  the  main  tangible  results  of  the  business-to-
consumer internal market. 

The  legal  fragmentation  resulting  from  the  implementation  by  Member  States  of  the 
minimum harmonisation  clauses  in  the Directives under review has been shown by a 
comparative  law  analysis  of  the  implementation  of  the  Consumer  Acquis  in  all  27 
Member  States.  This 
the  website: 
published 
analysis 
http://ec.europa.eu/consumers/rights/cons_acquis_en.htm#comp 

been 

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on 

The  2008  Eurobarometer  survey  indicates  that this  legal  fragmentation  constitutes  an 
important barrier to cross-border trade. 

The  scope  of  the  proposal  is  limited  to  consumer  protection  rules  in  contracts 
concluded  between  traders  and  consumers.  It  fully  harmonises  all  the  consumer 
protection aspects which are relevant for cross-border trade, i.e. the aspects which are 
key for traders when they draft their standard contract terms and design the information 
materials as well as for the operation of their business (e.g. the management of returns 
in distance or direct selling).  

The proposal therefore complies with the subsidiarity principle. 

The Commission recognises that the full harmonisation approach successfully pursued 
with  the  Unfair  Commercial  Practices  Directive  in  the  field  of  consumer  protection 
marks a new departure in the area of consumer contractual rights. This causes for an 
appropriate communication strategy to explain the impact and benefits of the proposal. 
In  addition  to  the  interinstitutional  dialogue  with  Parliament  and  Council,  the 
Commission intends to engage actively with all stakeholders in the months ahead in the 
various Member States. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

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The  proposal  regulates  only  the  key  aspects  of  consumer  contract  law  and  does  not 
interfere  with  more  general  contract  law  concepts  such  as  the  capacity  to  contract  or 
the award of damages.  

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The  proposal  applies  both  to  domestic  and  cross-border  contracts,  in  line  with  the 
outcome of the Green Paper. The inclusion of domestic transactions within the scope is 
proportionate  to  the  objective  of  simplification  of  the  Community  regulatory 
framework,  since  it  avoids  a  dual  regime  which  would  have  created  further 
fragmentation  and  distortions  of  competition  between  businesses  trading  only 
domestically and those trading both domestically and cross-border. 

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The  administrative  burden  on  public  authorities  would  be  negligible  since  it  would 
merely consist in notifying to the Commission the national case law on unfair contract 
terms in the context of a comitology procedure.  

The  Community  traders  who  wish  to  expand  their  business  cross-border  would 
significantly  reduce  their  administrative  costs  due  to  full  harmonisation.  Some  of  the 
companies trading only domestically with no interest to take advantage of the internal 
market would marginally lose out due to their small one-off costs of adaptation to the 
regulatory  changes.  For  face-to-face  retailers,  a  minor  additional  burden  can  be 
expected  for  specific  types  of  face-to-face  businesses,  such  as  second-hand  shops 
acting as intermediaries of consumers.  

If  the  proposal  fosters  consumer  protection  and  increases  competition  in  the  retail 
market  through  more  cross-border  offers,  then  consumers  will  win  through  having 
more choice, better quality and lower prices. 

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•  Choice of instruments 

Proposed instruments: directive. 

Other means would not be adequate for the following reasons. 

The  problem  of  fragmentation  of  the  Community  regulatory  framework  can  only  be 
overcome  at  Community  level  by  a  legislative  initiative.  Self-regulation  or  co-
regulation would not solve this legal fragmentation problem.  

A Directive is preferred to a Regulation since its transposition would allow a smoother 
implementation  of  the  Community  law  into  the  existing  national  contract  laws  or 
consumer codes. It would give the Member States the necessary margin of appreciation 
to maintain national legal concepts and basic principles of national contract law which 
comply  with  the  objectives  of  the  Community  legislative  proposal.  Unlike  a 
Regulation, the implementation of a Directive may give rise to a single and coherent 
set of law at national level which would be simpler to apply and interpret by traders, 
easier to enforce by public authorities and more in line with the subsidiarity principle. 

BUDGETARY IMPLICATION 

The  cost  of  the  future  Committee  on  unfair  terms  includes  the  salary  of  one  official 
valued at € 117,000 to support the  comitology process. It also includes the cost of the 
plenary  session  with  one  participant  from  the  27  Member  States  and  three  meetings 
scheduled per year, valued at € 20,000 each. 

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ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

The proposal considerably simplifies the Consumer Acquis. By merging together four 
Directives,  it  regulates  in  a  systematic  fashion  the  commonalities  and  eliminate  the 
overlaps and inconsistencies. For example, the proposal consistently regulates common 
features such as common definitions, a core of pre-contractual information and rules on 
the contractual aspects of sales which are currently scattered across several Directives. 

The  proposal  is  included  in  the  Commission's  rolling  programme  for  up-date  and 
simplification of the acquis communautaire and its Work and Legislative Programme 
under the reference 2008/SANCO/001. 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table  between 
those provisions and this Directive. 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

•  Detailed explanation of the proposal 

Chapter  I  contains  the  common  definitions  such  as  'consumer'  and  'trader'  and  lays 
down the principle of full harmonisation. 

Chapter  II  contains  a  core  of  information  to  be  provided  by  traders  prior  to  the 
conclusion  of  all  consumer  contracts  as  well  as  an  information  obligation  on 
intermediaries  concluding  contracts  on  behalf  of  consumers.  Chapter  III  which  only 
applies  to  distance  and  off-premises  contracts,  provides  for  specific  information 
requirements  and  regulates  the  right  of  withdrawal  (length,  exercise  and  effects)  in  a 
consistent  manner.  It  also  refers  to  a  standard  withdrawal  form  reproduced  in  Annex 
I(B). 

Chapter  IV  clarifies  the  provisions  of  Directive  99/44/EC.  It  maintains  the  principle 
that the trader is liable to the consumer for a period of two years if the goods are not in 
conformity  with  the  contract.  It  introduces  a  new  rule  whereby  the  risk  of  loss  or 
damage  of  the  goods  is  transferred  to  the  consumer  only  when  he  or  a  third  person 

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indicated by him other than the carrier acquires the material possession of the goods. 

Chapter  V  broadly  reflects  the  provision  of  Directive  93/13/EEC.  It  applies  to  unfair 
contract terms which have not been individually negotiated, such as standard contract 
terms.  Unfair  terms  are  those  creating  significant  imbalances  in  the  rights  and 
obligations of consumers and of traders and are not binding on consumers. In order to 
ensure  legal  certainty,  the  Directive  contains  two  lists  of  unfair  terms.  Annex  II 
contains  a  list  of  terms  which  in  all  circumstances  are  considered  unfair.  Annex  III 
contains  a  list  of  terms  which  are  deemed  unfair  unless  the  trader  proves  otherwise. 
These  same  lists  apply  in  all  Member  States  and  may  only  be  amended  by  the 
comitology procedure provided for by the Directive.  

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2008/0196 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on consumer rights 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
95 thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the European Economic and Social Committee2, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(1) 

(2) 

Council  Directive  85/577/EEC  of  20  December  1985  to  protect  the  consumer  in 
respect  of  contracts  negotiated  away  from  business  premises4,  Council  Directive 
93/13/EEC of 5 April 1993 on unfair terms in consumer contracts5, Directive 97/7/EC 
of the European Parliament and of the Council of 20 May 1997 on the protection of 
consumers  in  respect  of  distance  contracts6,  Directive  1999/44/EC  of  the  European 
Parliament  and  of  the  Council  of  25  May  1999  on  certain  aspects  of  the  sale  of 
consumer goods and associated guarantees7, lay down a number of contractual rights 
for consumers. 

Those  Directives  have  been  reviewed  in  the  light  of  experience  with  a  view  to 
simplifying  and  updating  the  applicable  rules,  removing  inconsistencies  and  closing 
unwanted  gaps  in  the  rules.  That  review  has  shown  that  it  is  appropriate  to  replace 
those  four  Directives  by  this  single  Directive.  This  Directive  should  accordingly  lay 
down  standard  rules  for  the  common  aspects  and  move  away  from  the  minimum 
harmonisation  approach  in  the  former  Directives  under  which  Member  States  could 
maintain or adopt stricter national rules.  

(3) 

Article 153(1) and (3)(a) of the Treaty provides that the Community is to contribute to 
the  attainment  of  a  high  level  of  consumer  protection  by  the  measures  it  adopts 
pursuant to Article 95 thereof.  

1 
2 
3 
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6 

7 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 372, 31.12.1985, p. 31. 
OJ L 95, 21.4.1993, p. 29. 
OJ L 144, 4.6.1997, p. 19. Directive, as last amended by Directive 2007/64/EC (OJ L 319, 5.12.2007, p. 
1). 
OJ L 171, 7.7.1999, p. 12. 

EN 

11 

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(4) 

(5) 

(6) 

(7) 

(8) 

In accordance with Article 14(2) of the Treaty, the internal market comprises an area 
without  internal  frontiers  in  which  the  free  movement  of  goods  and  services  and 
freedom  of  establishment  are  ensured.  The  harmonisation  of  certain  aspects  of 
consumer  contract  law  is  necessary  for  the  promotion  of  a  real  consumer  internal 
market striking the right balance between a high level of consumer protection and the 
competitiveness  of  enterprises,  while  ensuring  the  respect  of  the  principle  of 
subsidiarity.  

The  cross-border  potential  of  distance  selling  which  should  be  one  of  the  main 
tangible results of the internal market is not fully exploited by consumers. Compared 
with  the  significant  growth  of  domestic  distance  sales  over  the  last  few  years,  the 
growth in cross-border distance sales has been limited. This discrepancy is particularly 
significant  for  Internet  sales  for  which  the  potential  of  further  growth  is  high.  The 
cross-border  potential  of  contracts  negotiated  away  from  business  premises  (direct 
selling)  is  constrained  by  a  number  of  factors  including  the  different  national 
consumer  protection  rules  imposed  upon  the  industry.  Compared  with  the  growth  of 
domestic direct selling over the last few years, in particular in the services sector (e.g. 
utilities), the number of consumers using this channel for cross-border purchases has 
remained flat. Responding to increased business opportunities in many Member States, 
small  and  medium  size  enterprises  (including  individual  entrepreneurs)  or  agents  of 
direct  selling  companies  should  be  more  inclined  to  seek  business  opportunities  in 
other Member States, in particular in border regions. Therefore the full harmonisation 
of  consumer  information  and  the  right  of  withdrawal  in  distance  and  off-premises 
contracts will contribute to the better functioning of the business to consumer internal 
market. 

The laws of the Member States on consumer contracts show marked differences which 
can  generate  appreciable  distortions  of  competition  and  obstacles  to  the  smooth 
functioning of the internal market. The existing Community legislation in the field of 
consumer contracts concluded at a distance or away from business premises, consumer 
goods and guarantees as well as unfair contract terms establishes minimum standards 
for harmonising legislation allowing the Member States the possibility to maintain or 
introduce more stringent measures which ensure a higher level of consumer protection 
in  their  territories.  Furthermore,  many  issues  are  regulated  inconsistently  between 
directives or have been left open. These issues have been addressed differently by the 
Member  States.  As  a  result,  the  national  provisions  implementing  directives  on 
consumer contract law diverge significantly. 

These  disparities  create  significant  internal  market  barriers  affecting  business  and 
consumers.  They  increase  compliance  costs  to  business  wishing  to  engage  in  cross 
border  sale  of  goods  or  provision  of  services.  Fragmentation  also  undermines 
consumer  confidence  in  the  internal  market.  The  negative  effect  on  consumer 
confidence  is  strengthened  by  an  uneven  level  of  consumer  protection  across  the 
Community.  This  problem  is  particularly  acute  in  the  light  of  new  market 
developments. 

Full  harmonisation  of  some  key  regulatory  aspects  will  considerably  increase  legal 
certainty for both consumers and business. Both consumers and business will be able 
to  rely  on  a  single  regulatory  framework  based  on  clearly  defined  legal  concepts 
regulating  certain  aspects  of  business-to-consumer  contracts  across  the  Community. 
The  effect  will  be  to  eliminate  the  barriers  stemming  from  the  fragmentation  of  the 
rules  and  to  complete  the  internal  market  in  this  area.  These  barriers  can  only  be 

EN 

12 

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eliminated by establishing uniform rules at Community level. Furthermore consumers 
will enjoy a high common level of protection across the Community. 

(9) 

The  field  harmonised  by  this  Directive  should  cover  certain  aspects  of  business  to 
consumer contracts. These are rules on information to be provided before conclusion 
and during performance of the contract, the right of withdrawal for distance and off-
premises  contracts,  consumer  rights  specific  to  contracts  of  sale  and  unfair  contract 
terms in consumer contracts. 

(10)  The  provisions  of  this  Directive  should  be  without  prejudice  to  Regulation  (EC)  No 
593/2008  of  the  European  Parliament  and  of  the  Council  applicable  to  contractual 
obligations (Rome I)8. 

(11)  The existing Community legislation on consumer financial services contains numerous 
rules  on  consumer  protection.  For  this  reason  the  provisions  of  this  Directive  cover 
contracts  relating  to  financial  services  only  insofar  as  this  is  necessary  to  fill  the 
regulatory gaps. 

(12)  The new definition of distance contract should cover all cases where sales and service 
contracts  are  concluded  using  exclusively  one  or  more  means  of  distance 
communication  (such  as  mail  order,  Internet,  telephone  or  fax).  This  should  create  a 
level  playing  field  for  all  distance  traders.  It  should  also  improve  legal  certainty  as 
compared  to  the  current  definition  requiring  the  presence  of  an  organised  distance 
selling scheme run by the trader up to the conclusion of the contract.  

(13)  The  particular  circumstances  under  which  an  offer  was  made  or  the  contract  was 
negotiated should not be relevant in the definition of a distance contract. The fact that 
the trader is an occasional distance seller or that he uses an organised scheme run by a 
third  party  such  as  an  online  platform,  should  not  deprive  consumers  of  their 
protection . Similarly, a transaction negotiated face to face between the trader and the 
consumer away from business premises should be a distance contract, if the contract 
has  then  been  concluded  through  the  exclusive  use  of  means  of  distance 
communication, such as the Internet or telephone. For traders, a simpler definition of a 
distance  contract  should  improve  legal  certainty  and  protect  them  from  unfair 
competition. 

(14)  An  off-premises  contract  should  be  defined  as  a  contract  concluded  with  the 
simultaneous  physical  presence  of  the  trader  and  the  consumer,  away  from  business 
premises,  for  example  at  the  consumer's  home  or  workplace.  In  an  off-premises 
context,  consumers  are  under  psychological  pressure  no  matter  whether  they  have 
solicited  the  trader's  visit  or  not.  Furthermore,  in  order  to  prevent  circumventions  of 
rules  when  consumers  are  approached  away  from  business  premises,  a  contract 
negotiated,  for  example  at  the  consumer's  home  but  concluded  in  a  shop  should  be 
regarded as an off-premises contract. 

(15)  Business premises should include premises in whatever form (such as shops or lorries) 
which  serve  as  a  permanent  place  of  business  for  the  trader.  Market  stalls  and  fair 
stands  should  be  treated  as  business  premises  even  though  they  may  be  used  by  the 
trader on a temporary basis. Other premises which are rented for a short time only and 
where  the  trader  is  not  established  (such  as  hotels,  restaurants,  conference  centres, 
cinemas  rented  by  traders  who  are  not  established  there)  should  not  be  regarded  as 

8 

OJ L 177, 4.7.2008, p. 6. 

EN 

13 

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business premises. Similarly, all public spaces including public transport or facilities 
as well as private homes or workplaces should not be regarded as business premises. 

(16)  The  definition  of  durable  medium  should  include  in  particular  documents  on  paper, 
USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on 
which the electronic mail or a pdf file is stored. 

(17)  Consumers  should  be  entitled  to  receive  information  before  the  conclusion  of  the 
contract.  However  traders  should  not  have  to  provide  the  information  when  already 
apparent  from  the  context.  For  example  in  an  on-premises  transaction,  the  main 
characteristics of a product, the identity of the trader and the arrangements for delivery 
may be apparent from the context. In distance and off-premises transactions, the trader 
should  always  provide  the  information  on  arrangements  for  payment,  delivery, 
performance  and  the  complaint  handling  policy,  since  these  might  not  be  apparent 
from the context. 

(18)  Traders  should  be  obliged  to  inform  consumers  in  advance  of  any  arrangement 
resulting  in  the  consumers  paying  a  deposit  to  the  trader,  including  an  arrangement 
whereby an amount is blocked on the consumers' credit or debit card. 

(19) 

In the case of public auctions, due to the nature and tradition of that sales method, the 
auctioneer may instead of communicating the geographical address and the identity of 
the seller for whom he is selling the goods replace that with his own contact details. 

(20)  The  consumer  should  know  whether  he  is  contracting  with  the  trader  or  with  an 
intermediary  acting  on  behalf  of  another  consumer,  since  in  the  latter  case  the 
consumer  may  not  enjoy  the  protection  under  this  Directive.  Therefore  the 
intermediary  should  inform  of  this  fact  and  the  consequences  thereof.  The  notion  of 
intermediary  should  not  include  online  trading  platforms  which  do  not  conclude  the 
contract in the name of or on behalf of any other party. 

(21) 

In  the  case  of  distance  contracts,  the  information  requirements  should  be  adapted  to 
take into account the technical constraints of certain media, such as the restrictions of 
the number of characters on certain mobile telephone screens or the time constraint on 
television  sales  spots.  In  this  case  the  trader  should  comply  with  a  minimum  set  of 
information requirements and refer the consumer to another source of information, for 
instance by providing a toll free telephone number or a hypertext link to a webpage of 
the trader where the relevant information is directly available and easily accessible. 

(22)  Since  in  the  case  of  distance  sales,  the  consumer  is  not  able  to  see  the  good  before 
concluding  the  contract  he  should  have  a  right  of  withdrawal,  which  allows  him  to 
ascertain the nature and functioning of the goods. 

(23)  The  current  varying  lengths  of  the  withdrawal  periods  both  between  the  Member 
States  and  for  distance  and  off-premises  contracts  cause  legal  uncertainty  and 
compliance  costs.  The  same  withdrawal  period  should  apply  to  all  distance  and  off-
premises contracts.  

(24)  To ensure legal certainty, it is appropriate that Council Regulation (EEC, Euratom) No 
1182/71  of  3  June  1971  determining  the  rules  applicable  to  periods,  dates  and  time 
limits9  should  apply  to  the  calculation  of  the  periods  contained  in  this  Directive. 
Therefore, all periods contained in this Directive should be understood to be expressed 
in calendar days. 

9 

OJ L 124, 8.6.1971, p. 1. 

EN 

14 

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(25)  The  rules  on  distance  contracts  should  be  without  prejudice  to  the  provisions  on  the 
conclusion of e-contracts and the placing of e-orders as set out by Articles 9 and 11 of 
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 
on  certain  legal  aspects  of  information  society  services,  in  particular  electronic 
commerce, in the Internal Market (Directive on electronic commerce). 

(26)  When  the  consumer  orders  more  than  one  good  from  the  same  trader,  he  should  be 
entitled  to  exercise  the  right  of  withdrawal  in  respect  of  each  of  these  goods.  If  the 
goods are delivered separately, the withdrawal period should start when the consumer 
acquires the material possession of each individual good. Where a good is delivered in 
different  lots  or  pieces,  the  withdrawal  period  should  start  when  the  consumer  or  a 
third party indicated by the consumer acquires the material possession of the last lot or 
piece. 

(27) 

If  the  trader  has  not  informed  the  consumer  on  the  right  of  withdrawal  prior  to  the 
conclusion  of  a  distance  or  off-premises  contract,  the  withdrawal  period  should  be 
extended.  However,  in  order  to  ensure  legal  certainty  over  time,  a  three-month 
limitation period should be introduced, provided that the trader has fully performed his 
contractual  obligations.  The  trader  should  be  regarded  as  having  fully  performed  his 
obligations when he has delivered the goods or has fully provided the services ordered 
by the consumer. 

(28)  Differences in the ways in which the right of withdrawal is exercised in the Member 
States  have  caused  costs  for  businesses  selling  cross-border.  The  introduction  of  a 
harmonised standard withdrawal form to be used by the consumer should simplify the 
withdrawal process and bring legal certainty. For these reasons, Member States should 
refrain from adding any presentational requirements to the Community-wide standard 
form relating for example to the font size. 

(29)  As experience shows that many consumers and traders prefer to communicate via the 
trader's website, there should be a possibility for the trader to give the consumer the 
option of filling in a web-based withdrawal form. In this case the trader should provide 
an acknowledgement of receipt by email without delay. 

(30) 

In  case  of  withdrawal  the  trader  should  reimburse  all  payments  received  from  the 
consumer, including those covering the expenses born by the trader to deliver goods to 
the consumer. 

(31)  Some consumers exercise their right of withdrawal after having used the goods to an 
extent more than necessary to ascertain the nature and functioning of the good. In this 
case the consumer should be liable for any diminished value of the goods. In order to 
ascertain the nature and functioning of a good, the consumer should only handle or try 
it  in  the  same  manner  as  he  would  be  allowed  to  do  in  a  shop.  For  example,  the 
consumer should only try on a garment and should not be allowed to wear it. In order 
to ensure the effectiveness of the withdrawal right in service contracts, in particular for 
non-urgent  renovation  works  for  which  consumers  may  be  subject  to  high  pressure 
selling at their homes followed by the immediate performance of the service before the 
expiration of the withdrawal period, consumers should bear no cost for such a service. 

(32) 

In order to avoid the trader reimbursing a consumer who has not returned the goods, 
the  consumer  should  be  required  to  send  back  the  goods  no  later  than  fourteen  days 
after having informed the trader about his decision to withdraw.  

(33)  Certain exemptions should exist from the right of withdrawal, such as in cases where a 
right  of  withdrawal  would  be  inappropriate  given  the  nature  of  the  product.  That  is 

EN 

15 

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applicable  for  example  to  wine  supplied  a  long  time  after  the  conclusion  of  the 
contract  of  a  speculative  nature  where  the  value  is  dependent  on  fluctuations  in  the 
market (vin en primeur).  

(34)  Furthermore, in case of distance contracts for the provision of services, for which the 
performance  begins  during  the  withdrawal  period  (e.g.  data  files  downloaded  by  the 
consumer  during  that  period),  it  would  be  unfair  to  allow  the  consumer  to  withdraw 
after  the  service  has  been  enjoyed  by  the  consumer  in  full  or  in  part.  Therefore  the 
consumer should lose his right of withdrawal when performance begins with his prior 
express agreement.  

(35)  The  Commission  has  found  some  key  consumer  problems  in  the  home  improvement 
sector where consumers are under high pressure to order expensive renovation works. 
The scope of the information and withdrawal rules should be clarified and extended in 
order to cover this kind of contract. Only contracts for the conveyance of interests in 
real  property  should  be  excluded  from  the  scope  of  the  rules  on  information  and 
withdrawal rights applicable to distance and off-premises contracts.  

(36)  The  application  of  a  right  of  withdrawal  may  be  inappropriate  for  certain  services 
relating to accommodation, transport and leisure. The conclusion of the corresponding 
contracts  implies  the  setting  aside  of  capacity  which,  if  a  right  of  withdrawal  was 
introduced,  the  trader  may  find  difficult  to  fill.  Therefore  these  distance  contracts 
should  not  be  covered  by  the  provisions  on  consumer  information  and  the  right  of 
withdrawal.  

to  all 

(37)  For  the  purpose  of  simplification  and  legal  certainty,  the  right  of  withdrawal  should 
apply 
types  of  off-premises  contracts,  except  under  strictly  defined 
circumstances  which  can  easily  be  proved.  Therefore,  no  right  of  withdrawal  should 
apply for urgent repairs at the consumer's home for which such a right of withdrawal 
would be incompatible with the emergency situation as well as for supermarket home-
delivery  schemes  which  allow  consumers  to  select  food,  drinks  and  other  goods 
intended for current consumption in the household through the supermarket's website 
and  have  them  delivered  at  their  home.  These  are  goods,  which  are  inexpensive  and 
bought regularly by consumers for their every day's consumption or everyday  use in 
the household and should therefore not be subject to a right of withdrawal. The main 
difficulties encountered by consumers and the main source of disputes with traders are 
about delivery of goods, including goods getting lost or damaged during transport and 
late  and  partial  delivery.  Therefore  it  is  appropriate  to  clarify  and  harmonise  the 
national rules on delivery and passing of risk. 

(38) 

In the context of consumer sales, the delivery of goods can take place in various ways. 
Only a rule which may be freely derogated from will allow the necessary flexibility to 
take into account those variations. The consumer should be protected against any risk 
of loss or damage of the goods occurring during the transport arranged or carried out 
by the trader. The rule introduced  on the passing of risk should not apply where  the 
consumer unduly delays taking possession of the goods (for example, when the goods 
are not collected by the consumer from the post-office within the deadline fixed by the 
latter).  In  those  circumstances,  the  consumer  should  bear  the  risk  of  loss  or 
deterioration after the time of delivery as agreed with the trader. 

(39)  The trader should be liable to the consumer if the goods are not in conformity with the 
contract. The goods should be presumed to be in conformity with the contract if they 
satisfy  a  number  of  conditions  concerning  mainly  the  qualities  of  the  goods.  The 
quality  and  performance  which  consumers  can  reasonably  expect  will  depend  inter 

EN 

16 

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(40) 

alia on whether the goods are new or second-hand as well as on the expected life-span 
of the goods. 

If the good is not in conformity with the contract, firstly, the consumer should have the 
possibility  to  require  the  trader  to  repair  the  goods  or  to  replace  them  at  the  trader's 
choice unless the trader proves that those remedies are unlawful, impossible or causes 
the trader disproportionate effort. The trader's effort should be determined objectively 
considering costs incurred by the trader when remedying  the lack  of conformity, the 
value  of  the  goods  and  the  significance  of  the  lack  of  conformity.  The  lack  of  spare 
parts should not be a valid ground to justify the trader's failure to remedy the lack of 
conformity within a reasonable time or without a disproportionate effort. 

(41)  The  consumer  should  not  bear  any  costs  for  remedying  the  lack  of  conformity, 
particularly  the  cost  of  postage,  labour  and  materials.  Furthermore,  the  consumer 
should not compensate the trader for the use of the defective goods. 

(42)  When the trader has either refused or has more than once failed to remedy the lack of 
conformity  the  consumer  should  be  entitled  to  choose  freely  any  of  the  available 
remedies. The trader's refusal can be either explicit or implicit, meaning in the latter 
case that the trader does not respond or ignores the consumer's request to remedy the 
lack of conformity. 

(43)  Directive  1999/44/EC  allowed  the  Member  States  to  set  a  period  of  at  least  two 
months during which the consumer was to inform the trader of any lack of conformity. 
The  diverging  transposition  laws  have  created  barriers  to  trade.  Therefore,  it  is 
necessary  to  remove  this  regulatory  option  and  improve  legal  certainty  by  obliging 
consumers to inform the trader of the lack of conformity within two months from the 
date of detection. 

(44)  Some traders or producers offer consumers commercial guarantees. In order to ensure 
that  consumers  are  not  misled,  the  commercial  guarantees  should  include  certain 
information,  including  their  duration,  territorial  scope  and  a  statement  that  the 
commercial guarantee does not affect the consumer's legal rights. 

(45)  There is a need to protect consumers against unfair contract terms which have not been 
individually  negotiated,  such  as  standard  contract  terms.  The  rules  on  unfair  terms 
should  not  apply  to  terms  which  the  consumer  agreed  upon  following  a  negotiation. 
Being afforded the possibility to choose between different contract terms which have 
been  drafted  by  the  trader  or  a  third  party  on  behalf  of  the  trader  should  not  be 
regarded as a negotiation.  

(46)  Provisions on unfair contract terms should not apply to contract terms, which directly 
or indirectly reflect mandatory statutory or regulatory provisions of the Member States 
which  comply  with  Community  law.  Similarly  terms  which  reflect  the  principles  or 
provisions of international conventions to which the Community or the Member States 
are party, particularly in the transport area, should not be subject to the unfairness test. 

(47)  Consumer  contracts  should  be  drafted  in  plain,  intelligible  language  and  be  legible. 
Traders should be free to choose the font type or size in which the contract terms are 
drafted.  The  consumer  should  be  given  an  opportunity  to  read  the  terms  before 
concluding the contract. This opportunity could be given to the consumer by providing 
him  with  the  terms  on  request  (for  on-premises  contracts)  or  making  those  terms 
otherwise  available  (e.g.  on  the  trader's  website  in  respect  of  distance  contracts)  or 
attaching standard terms to the order form (in respect of off-premises contracts). The 
trader  should  seek  the  consumer's  express  consent  to  any  payment  in  addition  to  the 

EN 

17 

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remuneration  for  the  trader's  main  contractual  obligation.  Inferring  consent  by  using 
opt-out systems, such as pre-ticked boxes online should be prohibited.  

(48)  When  making  an  assessment  of  good  faith,  particular  regard  should  be  made  to  the 
strength of the bargaining positions of the parties, whether the consumer was induced 
to  accept  the  term  and  whether  the  goods  or  services  were  sold  or  supplied  on  the 
special order of the consumer. The requirement of good faith may be satisfied by the 
trader  where  he  deals  fairly  and  equitably  with  the  other  party  whose  legitimate 
interests he should take into account. 

(49)  For  the  purposes  of  this  Directive,  neither  the  fairness  of  terms  which  describe  the 
main subject matter of the contract, nor the quality/price ratio of the goods or services 
supplied  should  be  assessed  unless 
transparency 
requirements.  The  main  subject  matter  of  the  contract  and  the  price/quality  ratio 
should nevertheless be taken into account in assessing the fairness of other terms. For 
example,  in  insurance  contracts,  the  terms  which  clearly  define  or  circumscribe  the 
insured risk and the insurer's liability should not be subject to such an assessment since 
these  restrictions  are  taken  into  account  in  calculating  the  premium  paid  by  the 
consumer. 

terms  did  not  meet 

these 

(50) 

In order to ensure legal certainty and improve the functioning of the internal market, 
the Directive should contain two lists of unfair terms. Annex II contains a list of terms 
which  should  in  all  circumstances  be  considered  unfair.  Annex  III  contains  a  list  of 
terms which should be deemed unfair unless the trader proves otherwise. These same 
lists should apply in all Member States. 

(51)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission10. 

(52) 

In particular, the Commission should be empowered to amend Annexes II and III on 
contract  terms  to  be  considered  or  presumed  unfair.  Since  those  measures  are  of 
general scope and are designed to amend non-essential elements of this Directive, they 
must  be adopted in accordance with the regulatory procedure with scrutiny provided 
for in Article 5a of Decision 1999/468/EC. 

(53)  The  Commission's  power  to  amend  Annexes  II  and  III  should  be  used  to  ensure 
consistent  implementation  of  the  rules  on  unfair  terms  by  supplementing  those 
Annexes  with  contractual 
in  all 
circumstances  or  which  should  be  deemed  unfair  unless  the  trader  has  proved 
otherwise.  

terms,  which  should  be  considered  unfair 

(54)  The  Member  States  may  use  any  concept  of  national  contract  law  which  fulfils  the 

required objective that unfair contract terms should not be binding on the consumer. 

(55)  The Member States should ensure that their courts or administrative authorities have at 
their disposal adequate and effective means of preventing the continued application of 
unfair terms in consumer contracts. 

(56) 

In  accordance  with  the  Treaty,  the  Directive  provides  for  a  high  level  of  consumer 
protection.  Nothing  in  this  Directive  prevents  traders  from  offering  consumers 
contractual arrangements which go beyond the protection afforded by this Directive. 

10 

OJ L 184, 17.7.1999, p. 23.  

EN 

18 

   EN 

 
                                                 
(57)  Persons or organisations regarded under national law as having a legitimate interest in 
protecting consumer contractual rights should be afforded legal remedies for initiating 
proceedings,  either  before  a  court  or  before  an  administrative  authority  which  is 
competent to decide upon complaints or to initiate appropriate legal proceedings. 

(58) 

It  is  necessary  that  Member  States  lay  down  penalties  for  infringements  of  the 
provisions of this Directive and they must ensure that these are enforced. The penalties 
should be effective, proportionate and dissuasive. 

(59)  The  consumer  should  not  be  deprived  of  the  protection  granted  by  this  Directive. 
Where the law applicable to the contract is that of a third country, Regulation (EC) No 
593/2008  of  the  European  Parliament  and  of  the  Council  on  the  law  applicable  to 
contractual  obligations  (Rome  I)  should  apply,  in  order  to  determine  whether  the 
consumer retains the protection granted by this Directive. 

(60)  The European Commission will look into the most appropriate way to ensure that all 

consumers are made aware of their rights at the point of sale. 

(61)  Since  inertia  selling,  which  consists  of  unsolicited  supplies  of  goods  or  services  to 
consumers, is prohibited by Directive 2005/29/EC of the European Parliament and of 
the  Council  of  11  May  2005  concerning  unfair  business-to-consumer  commercial 
practices  in  the  internal  market  and  amending  Council  Directive  84/450/EEC, 
Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the 
Council  and  Regulation  (EC)  No  2006/2004  of  the  European  Parliament  and  of  the 
Council  (‘Unfair  Commercial  Practices  Directive’)11  but  no  contractual  remedy  is 
provided thereof, it is necessary to introduce in this Directive the contractual remedy 
of  exempting  the  consumer  from  the  provision  of  any  consideration  for  such 
unsolicited supplies. 

(62)  Directive 2002/58/EC already regulates unsolicited communications and provides for 
a high level of consumer protection. The corresponding provisions on the same issue 
contained in Article 10 of Directive 97/7/EC should be deleted. 

(63) 

It is appropriate to review this Directive if some barriers to the internal market were 
identified. The review could lead to a Commission proposal to amend this Directive, 
which may include amendments to other consumer protection legislation reflecting the 
Commission's Consumer Policy Strategy commitment to review the acquis in order to 
achieve a high, common level of consumer protection. 

(64)  Directives 85/577/EEC, 93/13/EEC and 97/7/EC and Directive 1999/44/EC should be 

repealed. 

(65)  Since the objectives of this Directive cannot be sufficiently achieved by the Member 
States and can therefore be better achieved at Community level, the Community may 
adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 
of  the  Treaty.  In  accordance  with  the  principle  of  proportionality,  as  set  out  in  that 
Article, this Directive does not go beyond what is necessary in order to eliminate the 
internal market barriers and achieve a high common level of consumer protection.  

(66)  This Directive respects the fundamental rights and observes the principles recognised 

in particular by the Charter of Fundamental Rights of the European Union, 

11 

OJ L 149, 11.6.2005, p. 22. 

EN 

19 

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HAVE ADOPTED THIS DIRECTIVE: 

Chapter I  

Subject matter, definitions and scope 

Article 1 
Subject matter 

The purpose of this Directive is to contribute to the proper functioning of the internal market 
and achieve a high level of consumer protection by approximating certain aspects of the laws, 
regulations and administrative provisions of the Member States concerning contracts between 
consumers and traders. 

For the purpose of this Directive, the following definitions shall apply: 

Article 2 
Definitions 

(1) 

(2) 

(3) 

'consumer'  means  any  natural  person  who,  in  contracts  covered  by  this 
Directive, is acting for purposes which are outside his trade, business, craft or 
profession; 

'trader'  means  any  natural  or  legal  person  who,  in  contracts  covered  by  this 
Directive,  is  acting  for  purposes  relating  to  his  trade,  business,  craft  or 
profession and anyone acting in the name of or on behalf of a trader; 

'sales  contract'  means  any  contract  for  the  sale  of  goods  by  the  trader  to  the 
consumer  including  any  mixed-purpose  contract  having  as  its  object  both 
goods and services; 

(4) 

'goods' means any tangible movable item, with the exception of: 

(a)  goods sold by way of execution or otherwise by authority of law, 

(b)  water and gas where they are not put up for sale in a limited volume or 

set quantity, 

(c) 

electricity; 

(5) 

(6) 

(7) 

'service  contract'  means  any  contract  other  than  a  sales  contract  whereby  a 
service is provided by the trader to the consumer; 

'distance contract' means any sales or service contract where the trader, for the 
conclusion  of  the  contract,  makes  exclusive  use  of  one  or  more  means  of 
distance communication; 

'means  of  distance  communication'  means  any  means  which,  without  the 
simultaneous  physical  presence  of  the  trader  and  the  consumer,  may  be  used 
for the conclusion of a contract between those parties; 

(8) 

'off-premises contract' means: 

(a) 

any  sales  or  service  contract  concluded  away  from  business  premises 
with the simultaneous physical presence of the trader and the consumer 

EN 

20 

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or  any  sales  or  service  contract  for  which  an  offer  was  made  by  the 
consumer in the same circumstances, or 

(b) 

any  sales  or  service  contract  concluded  on  business  premises  but 
negotiated away from business premises, with the simultaneous physical 
presence of the trader and the consumer. 

(9) 

'business premises' means:  

(a) 

any  immovable  or  movable  retail  premises,  including  seasonal  retail 
premises, where the trader carries on his activity on a permanent basis, or 

(b)  market stalls and fair stands where the trader carries on his activity on a 

regular or temporary basis; 

(10)  'durable  medium'  means  any  instrument  which  enables  the  consumer  or  the 
trader to store information addressed personally to him in a way accessible for 
future  reference  for  a  period  of  time  adequate  for  the  purposes  of  the 
information  and  which  allows  the  unchanged  reproduction  of  the  information 
stored; 

(11)  'order form' means an instrument setting out the contract terms, to be signed by 

the consumer with a view to concluding an off-premises contract; 

(12)  'product' means any good or service including immoveable property, rights and 

obligations; 

(13)  'financial  service'  means  any  service  of  a  banking,  credit,  insurance,  personal 

pension, investment or payment nature; 

(14)  'professional  diligence'  means  the  standard  of  special  skill  and  care  which  a 
towards  consumers, 
trader  may  reasonably  be  expected 
commensurate with honest market practice and/or the general principle of good 
faith in the trader's field of activity; 

to  exercise 

(15)  'auction'  means  a  method  of  sale  where  goods  or  services  are  offered  by  the 
trader through a competitive bidding procedure which may include the use of 
means  of  distance  communication  and  where  the  highest  bidder  is  bound  to 
purchase the goods or the services. A transaction concluded on the basis of a 
fixed-price  offer,  despite  the  option  given  to  the  consumer  to  conclude  it 
through a bidding procedure is not an auction; 

(16)  'public auction' means a method of sale where goods are offered by the trader 
to  consumers,  who  attend  or  are  given  the  possibility  to  attend  the  auction  in 
person,  through  a  competitive  bidding  procedure  run  by  an  auctioneer  and 
where the highest bidder is bound to purchase the goods; 

(17)  'producer'  means  the  manufacturer  of  goods,  the  importer  of  goods  into  the 
territory  of  the  Community  or  any  person  purporting  to  be  a  producer  by 
placing his name, trade mark or other distinctive sign on the goods; 

(18)  'commercial  guarantee'  means  any  undertaking  by  the  trader  or  producer  (the 
'guarantor')to the consumer to reimburse the price paid or to replace, repair or 
service goods in any way if they do not meet the specifications set out in the 
guarantee  statement  or  in  the  relevant  advertising  available  at  the  time  of,  or 
before the conclusion of the contract; 

EN 

21 

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(19)  'intermediary' means a trader who concludes the contract in the name of or on 

behalf of the consumer; 

(20)  'ancillary contract' means a contract by which the consumer acquires goods or 
services  related  to  a  distance  contract  or  an  off-premises  contract  and  these 
goods or services are provided by the trader or a third party on the basis of an 
arrangement between that third party and the trader. 

Article 3 
Scope 

1. 

2. 

3. 

4. 

This  Directive  shall  apply,  under  the  conditions  and  to  the  extent  set  out  in  its 
provisions,  to  sales  and  service  contracts  concluded  between  the  trader  and  the 
consumer. 

This Directive shall only apply to financial services as regards certain off-premises 
contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by 
Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in 
conjunction with Article 4 on full harmonisation. 

Only Articles 30 to 39 on consumer rights concerning unfair contract terms, read in 
conjunction with Article 4 on full harmonisation, shall apply to contracts which fall 
within  the  scope  of  Directive  94/47/EC  of  the  European  Parliament  and  of  the 
Council12 and of Council Directive 90/314/EEC13.  

Articles  5,  7,  9  and  11  shall  be  without  prejudice  to  the  provisions  concerning 
information  requirements  contained  in  Directive  2006/123/EC  of  the  European 
Parliament  and  of  the  Council14  and  Directive  2000/31/EC  of  the  European 
Parliament and of the Council15. 

Article 4 
Full harmonisation  

Member  States  may  not  maintain  or  introduce,  in  their  national  law,  provisions  diverging 
from those laid down in this Directive, including more or less stringent provisions to ensure a 
different level of consumer protection. 

Chapter II 

Consumer information 

Article 5 
General information requirements 

Prior to the conclusion of any sales or service contract, the trader shall provide the 
consumer with the following information, if not already apparent from the context: 

OJ L 280, 29.10.1994, p. 83. 
OJ L 158, 23.6.1990, p. 59. 
OJ L 376, 27.12.2006, p. 36. 
OJ L 178, 17.7.2000, p. 1. 

1. 

12 
13 
14 
15 

EN 

22 

   EN 

 
                                                 
(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

the main characteristics of the product, to an extent appropriate to the medium 
and the product; 

the geographical address and the identity of the trader, such as his trading name 
and,  where  applicable,  the  geographical  address  and  the  identity  of  the  trader 
on whose behalf he is acting; 

the price inclusive of taxes, or where the nature of the product means that the 
price  cannot  reasonably  be  calculated  in  advance,  the  manner  in  which  the 
price is calculated, as well as, where appropriate, all additional freight, delivery 
or  postal  charges  or,  where  these  charges  cannot  reasonably  be  calculated  in 
advance, the fact that such additional charges may be payable; 

the  arrangements  for  payment,  delivery,  performance  and  the  complaint 
handling policy, if they depart from the requirements of professional diligence; 

the existence of a right of withdrawal, where applicable; 

the  existence  and  the  conditions  of  after-sales  services  and  commercial 
guarantees, where applicable; 

the duration of the contract where applicable or if the contract is open-ended, 
the conditions for terminating the contract; 

the minimum duration of the consumer's obligations under the contract, where 
applicable; 

the existence and the conditions of deposits or other financial guarantees to be 
paid or provided by the consumer at the request of the trader. 

In the case of a public auction, the information in paragraph 1(b) may be replaced by 
the geographical address and the identity of the auctioneer. 

The information referred to in paragraph 1 shall form an integral part of the sales or 
service contract. 

Article 6 
Failure to provide information 

If  the  trader  has  not  complied  with  the  information  requirements  on  additional 
charges as referred to in Article 5(1)(c), the consumer shall not pay these additional 
charges. 

Without  prejudice  to  Articles  7(2),  13  and  42,  the  consequences  of  any  breach  of 
Article  5,  shall  be  determined  in  accordance  with  the  applicable  national  law. 
Member  States  shall  provide  in  their  national  laws  for  effective  contract  law 
remedies for any breach of Article 5. 

Article 7  
Specific information requirements for intermediaries 

Prior  to  the  conclusion  of  the  contract,  the  intermediary  shall  disclose  to  the 
consumer, that he is acting in the name of or on behalf of another consumer and that 
the contract concluded, shall not be regarded as a contract between the consumer and 
the trader but rather as a contract between two consumers and as such falling outside 
the scope of this Directive. 

2. 

3. 

1. 

2. 

1. 

EN 

23 

   EN 

 
2. 

3. 

The  intermediary,  who  does  not  fulfil  the  obligation  under  paragraph  1,  shall  be 
deemed to have concluded the contract in his own name. 

This Article shall not apply to public auctions. 

Chapter III 

Consumer information and withdrawal right for distance and off-premises contracts 

Article 8 
Scope 

This Chapter shall apply to distance and off-premises contracts. 

Article 9 
Information requirements for distance and off-premises contracts 

As  regards  distance  or  off-premises  contracts,  the  trader  shall  provide  the  following 
information which shall form an integral part of the contract: 

(a) 

the information referred to in Articles 5 and 7 and, by way of derogation from 
Article 5(1)(d), the arrangements for payment, delivery and performance in all 
cases; 

(b)  where  a  right  of  withdrawal  applies,  the  conditions  and  procedures  for 

exercising that right in accordance with Annex I; 

(c) 

(d) 

(e) 

(f) 

if different from his geographical address, the geographical address of the place 
of  business  of  the  trader  (and  where  applicable  that  of  the  trader  on  whose 
behalf he is acting) where the consumer can address any complaints;  

the  existence  of  codes  of  conduct  and  how  they  can  be  obtained,  where 
applicable; 

the  possibility  of  having  recourse  to  an  amicable  dispute  settlement,  where 
applicable; 

that  the  contract  will  be  concluded  with  a  trader  and  as  a  result  that  the 
consumer will benefit from the protection afforded by this Directive. 

Article 10 
Formal requirements for off-premises contracts 

1. 

2. 

3. 

With respect to off-premises contracts, the information provided for in Article 9 shall 
be given in the order form in plain and intelligible language and be legible. The order 
form shall include the standard withdrawal form set out in Annex I(B). 

An off-premises contract shall only be valid if the consumer signs an order form and 
in cases where the order form is not on paper, receives a copy of the order form on 
another durable medium.  

Member States shall not impose any formal requirements other than those provided 
for in paragraphs 1 and 2. 

EN 

24 

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Article 11 
Formal requirements for distance contracts 

With respect to distance contracts, the information provided for in Article 9(a) shall 
be given or made available to the consumer prior to the conclusion of the contract, in 
plain and intelligible language and be legible, in a way appropriate to the means of 
distance communication used. 

If  the  trader  makes  a  telephone  call  to  the  consumer  with  a  view  to  concluding  a 
distance  contract,  he  shall  disclose  his  identity  and  the  commercial  purpose  of  the 
call at the beginning of the conversation with the consumer. 

If the contract is concluded through a medium which allows limited space or time to 
display the information, the trader shall provide at least the information regarding the 
main characteristics of the product and the total price referred to in Articles 5(1)(a) 
and  (c)  on  that  particular  medium  prior  to  the  conclusion  of  such  a  contract.  The 
other information referred to in Articles 5 and 7 shall be provided by the trader to the 
consumer in an appropriate way in accordance with paragraph 1. 

The consumer shall receive confirmation of all the information referred to in Article 
9(a)  to  (f),  on  a  durable  medium,  in  reasonable  time  after  the  conclusion  of  any 
distance contract, and at the latest at the time of the delivery of the goods or when the 
performance of the service has begun, unless the information has already been given 
to  the  consumer  prior  to  the  conclusion  of  any  distance  contract  on  a  durable 
medium. 

Member States shall not impose any formal requirements other than those provided 
for in paragraphs 1 to 4. 

Article 12 
Length and starting point of the withdrawal period 

The  consumer  shall  have  a  period  of  fourteen  days  to  withdraw  from  a  distance  or 
off-premises contract, without giving any reason.  

In  the  case  of  an  off-premises  contract,  the  withdrawal  period  shall  begin  from  the 
day when the consumer signs the order form or in cases where the order form is not 
on paper, when the consumer receives a copy of the order form on another durable 
medium.  

In the case of a distance contract for the sale of goods, the withdrawal period shall 
begin from the day on which the consumer or a third party other than the carrier and 
indicated  by  the  consumer  acquires  the  material  possession  of  each  of  the  goods 
ordered. 

In the case of a distance contract for the provision of services, the withdrawal period 
shall begin from the day of the conclusion of the contract.  

The deadline referred to in paragraph 1 is met if the communication concerning the 
exercise  of  the  right  of  withdrawal  is  sent  by  the  consumer  before  the  end  of  that 
deadline. 

The  Member  States  shall  not  prohibit  the  parties  from  performing  their  obligations 
under the contract during the withdrawal period. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

EN 

25 

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Article 13 
Omission of information on the right of withdrawal 

If the trader has not provided the consumer with the information on the right of withdrawal in 
breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after 
the trader has fully performed his other contractual obligations. 

Article 14 
Exercise of the right of withdrawal 

1. 

2. 

The  consumer  shall  inform  the  trader  of  his  decision  to  withdraw  on  a  durable 
medium  either  in  a  statement  addressed  to  the  trader  drafted  in  his  own  words  or 
using the standard withdrawal form as set out in Annex I(B).  

Member States shall not provide for any other formal requirements applicable to this 
standard withdrawal form. 

For  distance  contracts  concluded  on  the  Internet,  the  trader  may,  in  addition  to  the 
possibilities  referred  to  in  paragraph  1,  give  the  option  to  the  consumer  to 
electronically fill in and submit the standard withdrawal form on the trader's website. 
In  that  case  the  trader  shall  communicate  to  the  consumer  an  acknowledgement  of 
receipt of such a withdrawal by email without delay. 

Article 15 
Effects of withdrawal 

The exercise of the right of withdrawal shall terminate the obligations of the parties: 

(a) 

(b) 

to perform the distance or off-premises contract, or  

to conclude an off-premises contract, in cases where an offer was made by the 
consumer. 

Article 16 
Obligations of the trader in case of withdrawal 

1. 

2. 

1. 

The  trader  shall  reimburse  any  payment  received  from  the  consumer  within  thirty 
days from the day on which he receives the communication of withdrawal.  

For sales contracts, the trader may withhold the reimbursement until he has received 
or  collected  the  goods  back,  or  the  consumer  has  supplied  evidence  of  having  sent 
back the goods, whichever is the earliest. 

Article 17 
Obligations of the consumer in case of withdrawal 

For  sales  contracts  for  which  the  material  possession  of  the  goods  has  been 
transferred to the consumer or at his request, to a third party before the expiration of 
the withdrawal period, the consumer shall send back the goods or hand them over to 
the  trader  or  to  a  person  authorised  by  the  trader  to  receive  them,  within  fourteen 
days from the day on which he communicates his withdrawal to the trader, unless the 
trader has offered to collect the goods himself. 

EN 

26 

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2. 

1. 

2. 

1. 

The consumer shall only be charged for the direct cost of returning the goods unless 
the trader has agreed to bear that cost. 

The  consumer  shall  only  be  liable  for  any  diminished  value  of  the  goods  resulting 
from  the  handling  other  than  what  is  necessary  to  ascertain  the  nature  and 
functioning of the goods. He shall not be liable for diminished value where the trader 
has failed to provide notice of the withdrawal right in accordance with Article 9(b). 
For service contracts subject to a right of withdrawal, the consumer shall bear no cost 
for services performed, in full or in part, during the withdrawal period. 

Article 18 
Effects of the exercise of the right of withdrawal on ancillary contracts 

Without prejudice to Article 15 of Directive 2008/48/EC, if the consumer exercises 
his  right  of  withdrawal  from  a  distance  or  an  off-premises  contract  in  accordance 
with  Articles  12  to  17,  any  ancillary  contracts  shall  be  automatically  terminated, 
without any costs for the consumer. 

The  Member  States  shall  lay  down  detailed  rules  on  the  termination  of  such 
contracts. 

Article 19 
Exceptions from the right of withdrawal 

In respect of distance contracts, the right of withdrawal shall not apply as regards the 
following: 

(a) 

(b) 

(c) 

(d) 

services  where  performance  has  begun,  with  the  consumer's  prior  express 
consent, before the end of the fourteen day period referred to in Article 12; 

the supply of goods or services for which the price is dependent on fluctuations 
in the financial market which cannot be controlled by the trader; 

the  supply  of  goods  made  to  the  consumer's  specifications  or  clearly 
personalized or which are liable to deteriorate or expire rapidly; 

the supply of wine, the price of which has been agreed upon at the time of the 
conclusion  of  the  sales  contract,  the  delivery  of  which  can  only  take  place 
beyond the time-limit referred to in Article 22(1) and the actual value of which 
is  dependent  on  fluctuations  in  the  market  which  cannot  be  controlled  by  the 
trader; 

(e) 

the  supply  of  sealed  audio  or  video  recordings  or  computer  software  which 
were unsealed by the consumer; 

(f) 

the supply of newspapers, periodicals and magazines; 

(g)  gaming and lottery services; 

(h) 

contracts concluded at an auction. 

2. 

In  respect  of  off-premises  contracts,  the  right  of  withdrawal  shall  not  apply  as 
regards the following: 

(a) 

contracts  for  the  supply  of  foodstuffs,  beverages  or  other  goods  intended  for 
current consumption in the household, selected in advance by the consumer by 
means  of  distance  communication  and  physically  supplied  to  the  consumer's 

EN 

27 

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(b) 

(c) 

home, residence or workplace by the trader who usually sells such goods on his 
own business premises; 

contracts  for  which  the  consumer,  in  order  to  respond  to  an  immediate 
emergency,  has  requested  the  immediate  performance  of  the  contract  by  the 
trader;  if,  on  this  occasion,  the  trader  provides  or  sells  additional  services  or 
goods  other  than  those  which  are  strictly  necessary  to  meet  the  immediate 
emergency  of  the  consumer,  the  right  of  withdrawal  shall  apply  to  those 
additional services or goods; 

contracts  for  which  the  consumer  has  specifically  requested  the  trader,  by 
means  of  distance  communication,  to  visit  his  home  for  the  purpose  of 
repairing or performing maintenance upon his property; if on this occasion, the 
trader  provides  services  in  addition  to  those  specifically  requested  by  the 
consumer or goods other than replacement parts necessarily used in performing 
the maintenance or in making the repairs, the right of withdrawal shall apply to 
those additional services or goods. 

3. 

The parties may agree not to apply paragraphs 1 and 2. 

Article 20 
Excluded distance and off-premises contracts 

1. 

Articles 8 to 19 shall not apply to distance and off-premises contracts: 

(a) 

(b) 

(c) 

(d) 

for  the  sale  of  immovable  property  or  relating  to  other  immovable  property 
rights, except for rental and works relating to immovable property; 

concluded by means of automatic vending machines or automated commercial 
premises; 

concluded  with  telecommunications  operators  through  public  payphones  for 
their use; 

for  the  supply  of  foodstuffs  or  beverages  by  a  trader  on  frequent  and  regular 
rounds in the neighbourhood of his business premises. 

2. 

Articles 8 to 19 shall not apply to off-premises contracts relating to: 

(a) 

(b) 

insurance,  

financial services whose price depends on fluctuations in the financial market 
outside the trader's control, which may occur during the withdrawal period, as 
defined in Article 6(2)(a) of Directive 2002/65/EC16 and  

(c) 

credit which falls within the scope of Directive 2008/48/EC. 

3. 

Articles  8  to  19  shall  not  apply  to  distance  contracts  for  the  provision  of 
accommodation, transport, car rental services, catering or leisure services as regards 
contracts providing for a specific date or period of performance. 

16 

OJ L 271, 09.10.2002, p. 16. 

EN 

28 

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Chapter IV 

Other consumer rights specific to sales contracts 

Article 21 
Scope 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

1. 

2. 

This Chapter shall apply to sales contracts. Without prejudice to Article 24(5), where 
the contract is a mixed-purpose contract having as its object both goods and services, 
this Chapter shall only apply to the goods.  

This Chapter shall also apply to contracts for the supply of goods to be manufactured 
or produced.  

This  Chapter  shall  not  apply  to  the  spare  parts  replaced  by  the  trader  when  he  has 
remedied the lack of conformity of the goods by repair under Article 26.  

Member  States  may  decide  not  to  apply  this  Chapter  to  the  sale  of  second-hand 
goods at public auctions. 

Article 22 
Delivery 

Unless  the  parties  have  agreed  otherwise,  the  trader  shall  deliver  the  goods  by 
transferring the material possession of the goods to the consumer or to a third party, 
other  than  the  carrier  and  indicated  by  the  consumer,  within  a  maximum  of  thirty 
days from the day of the conclusion of the contract. 

Where the trader has failed to fulfil his obligations to deliver, the consumer shall be 
entitled  to  a  refund  of  any  sums  paid  within  seven  days  from  the  date  of  delivery 
provided for in paragraph 1.  

Article 23 
Passing of risk 

The risk of loss of or damage to the goods shall pass to the consumer when he or a 
third  party,  other  than  the  carrier  and  indicated  by  the  consumer  has  acquired  the 
material possession of the goods. 

The risk referred to in paragraph 1 shall pass to the consumer at the time of delivery 
as agreed by the parties, if the consumer or a third party, other than the carrier and 
indicated by the consumer has failed to take reasonable steps to acquire the material 
possession of the goods. 

Article 24 
Conformity with the contract 

The trader shall deliver the goods in conformity with the sales contract. 

Delivered  goods  shall  be  presumed  to  be  in  conformity  with  the  contract  if  they 
satisfy the following conditions: 

EN 

29 

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(a) 

(b) 

(c) 

(d) 

they comply with the description given by the trader and possess the qualities 
of  the  goods  which  the  trader  has  presented  to  the  consumer  as  a  sample  or 
model; 

they  are  fit  for  any  particular  purpose  for  which  the  consumer  requires  them 
and  which  he  made  known  to  the  trader  at  the  time  of  the  conclusion  of  the 
contract and which the trader has accepted; 

they  are  fit  for  the  purposes  for  which  goods  of  the  same  type  are  normally 
used or 

they show the quality and performance which are normal in goods of the same 
type  and  which  the  consumer  can  reasonably  expect,  given  the  nature  of  the 
goods  and  taking  into  account  any  public  statements  on  the  specific 
characteristics of the goods made about them by the trader, the producer or his 
representative, particularly in advertising or on labelling. 

There shall be no lack of conformity for the purposes of this Article if, at the time the 
contract  was  concluded,  the  consumer  was  aware,  or  should  reasonably  have  been 
aware  of,  the  lack  of  conformity,  or  if  the  lack  of  conformity  has  its  origin  in 
materials supplied by the consumer. 

The trader shall not be bound by public statements, as referred to in paragraph 2(d) if 
he shows that one of the following situations existed: 

(a) 

he  was  not,  and  could  not  reasonably  have  been,  aware  of  the  statement  in 
question; 

(b)  by the time of conclusion of the contract the statement had been corrected; 

(c) 

the decision to buy the goods could not have been influenced by the statement. 

Any lack of conformity resulting from the incorrect installation of the goods shall be 
considered as a lack of conformity of the goods where the installation forms part of 
the  sales  contract  and  the  goods  were  installed  by  the  trader  or  under  his 
responsibility. The same shall apply equally if the goods, intended to be installed by 
the consumer, are installed by the consumer and the incorrect installation is due to a 
shortcoming in the installation instructions. 

3. 

4. 

5. 

Article 25 
Legal rights – Liability for lack of conformity 

The trader shall be liable to the consumer for any lack of conformity which exists at the time 
the risk passes to the consumer. 

Article 26 
Remedies for lack of conformity 

1. 

As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, 
the consumer is entitled to: 

(a) 

have the lack of conformity remedied by repair or replacement, 

(b)  have the price reduced, 

(c) 

have the contract rescinded. 

EN 

30 

   EN 

 
2. 

3. 

The  trader  shall  remedy  the  lack  of  conformity  by  either  repair  or  replacement 
according to his choice. 

Where  the  trader  has  proved  that  remedying  the  lack  of  conformity  by  repair  or 
replacement  is  unlawful,  impossible  or  would  cause  the  trader  a  disproportionate 
effort, the consumer may choose to have the price reduced or the contract rescinded. 
A trader's effort is disproportionate if it imposes costs on him which, in comparison 
with  the  price  reduction  or  the  rescission  of  the  contract,  are  excessive,  taking  into 
account  the  value  of  the  goods  if  there  was  no  lack  of  conformity  and  the 
significance of the lack of conformity.  

The consumer may only rescind the contract if the lack of conformity is not minor. 

4. 

The consumer may resort to any remedy available under paragraph 1, where one of 
the following situations exists: 

(a) 

the trader has implicitly or explicitly refused to remedy the lack of conformity; 

(b) 

the trader has failed to remedy the lack of conformity within a reasonable time; 

(c) 

the  trader  has  tried  to  remedy  the  lack  of  conformity,  causing  significant 
inconvenience to the consumer; 

(d) 

the same defect has reappeared more than once within a short period of time.  

The significant inconvenience for the consumer and the reasonable time needed for 
the trader to remedy the lack of conformity shall be assessed taking into account the 
nature  of  the  goods  or  the  purpose  for  which  the  consumer  acquired  the  goods  as 
provided for by Article 24(2)(b). 

Article 27 
Costs and damages 

The consumer shall be entitled to have the lack of conformity remedied free of any 
cost.  

Without  prejudice  to  the  provisions  of  this  Chapter,  the  consumer  may  claim 
damages for any loss not remedied in accordance with Article 26.  

Article 28 
Time limits and burden of proof 

The  trader  shall  be  held  liable  under  Article  25  where  the  lack  of  conformity 
becomes apparent within two years as from the time the risk passed to the consumer.  

When  the  trader  has  remedied  the  lack  of  conformity  by  replacement,  he  shall  be 
held liable under Article 25 where the lack of conformity becomes apparent within 
two years as from the time the consumer or a third party indicated by the consumer 
has acquired the material possession of the replaced goods. 

In  the  case  of  second-hand  goods,  the  trader  and  the  consumer  may  agree  on  a 
shorter liability period, which may not be less than one year.  

In  order  to  benefit  from  his  rights  under  Article  25,  the  consumer  shall  inform  the 
trader  of  the  lack  of  conformity  within  two  months  from  the  date  on  which  he 
detected the lack of conformity.  

5. 

1. 

2. 

1. 

2. 

3. 

4. 

EN 

31 

   EN 

 
5. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Unless proved otherwise, any lack of conformity which becomes apparent within six 
months of the time when the risk passed to the consumer, shall be presumed to have 
existed  at  that  time  unless  this  presumption  is  incompatible  with  the  nature  of  the 
goods and the nature of the lack of conformity. 

Article 29 
Commercial guarantees 

A commercial guarantee shall be binding on the guarantor under the conditions laid 
down  in  the  guarantee  statement.  In  the  absence  of  the  guarantee  statement,  the 
commercial  guarantee  shall  be  binding  under  the  conditions  laid  down  in  the 
advertising on the commercial guarantee.  

The guarantee statement shall be drafted in plain intelligible language and be legible. 
It shall include the following: 

(a) 

(b) 

legal rights of the consumer, as provided for in Article 26 and a clear statement 
that those rights are not affected by the commercial guarantee, 

set  the  contents  of  the  commercial  guarantee  and  the  conditions  for  making 
claims, notably the duration, territorial scope and the name and address of the 
guarantor, 

(c)  without  prejudice  to  Articles  32  and  35  and  Annex  III(1)(j),  set  out,  where 
applicable, that the commercial guarantee cannot be transferred to a subsequent 
buyer. 

If the consumer so requests, the trader shall make the guarantee statement available 
in a durable medium.  

Non compliance with paragraph 2 or 3 shall not affect the validity of the guarantee. 

Chapter V 

Consumer rights concerning contract terms 

Article 30 
Scope 

This Chapter shall apply to contract terms drafted in advance by the trader or a third 
party,  which  the  consumer  agreed  to  without  having  the  possibility  of  influencing 
their  content,  in  particular  where  such  contract  terms  are  part  of  a  pre-formulated 
standard contract. 

The  fact  that  the  consumer  had  the  possibility  of  influencing  the  content  of  certain 
aspects of a contract term or one specific term, shall not exclude the application of 
this Chapter to other contract terms which form part of the contract. 

This  Chapter  shall  not  apply  to  contract  terms  reflecting  mandatory  statutory  or 
regulatory  provisions,  which  comply  with  Community  law  and  the  provisions  or 
principles  of  international  conventions  to  which  the  Community  or  the  Member 
States are party. 

EN 

32 

   EN 

 
1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 31 
Transparency requirements of contract terms  

Contract terms shall be expressed in plain, intelligible language and be legible.  

Contract terms shall be made available to the consumer in a manner which gives him 
a  real  opportunity  of  becoming  acquainted  with  them  before  the  conclusion  of  the 
contract, with due regard to the means of communication used. 

The trader shall seek the express consent of the consumer to any payment in addition 
to the remuneration foreseen for the trader's main contractual obligation. If the trader 
has not obtained the consumer's express consent but has inferred it by using default 
options  which  the  consumer  is  required  to  reject  in  order  to  avoid  the  additional 
payment, the consumer shall be entitled to reimbursement of this payment. 

Member States shall refrain from imposing any presentational requirements as to the 
way the contract terms are expressed or made available to the consumer. 

Article 32 
General principles 

Where a contract term is not included in Annex II or III, Member States shall ensure 
that it is regarded as unfair if, contrary to the requirement of good faith, it causes a 
significant imbalance in the parties' rights and obligations arising under the contract, 
to the detriment of the consumer. 

Without  prejudice  to  Articles  34  and  38,  the  unfairness  of  a  contract  term  shall  be 
assessed,  taking  into  account  the  nature  of  the  products  for  which  the  contract  was 
concluded  and  by  referring,  at  the  time  of  the  conclusion  of  the  contract,  to  all  the 
circumstances attending the conclusion and to all the other terms of the contract or of 
another contract on which the former is dependent. When assessing the fairness of a 
contract  term,  the  competent  national  authority  shall  also  take  into  account  the 
manner in which the contract was drafted and communicated to the consumer by the 
trader in accordance with Article 31. 

Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the 
contract  or  to  the  adequacy  of  the  remuneration  foreseen  for  the  trader's  main 
contractual obligation, provided that the trader fully complies with Article 31.  

Article 33 
Burden of proof 

Where the trader claims that a contract term has been individually negotiated, the burden of 
proof shall be incumbent on him. 

Article 34 
Terms considered unfair in all circumstances 

Member  States  shall  ensure  that  contract  terms,  as  set  out  in  the  list  in  Annex  II,  are 
considered unfair in all circumstances. That list of contract terms shall apply in all Member 
States and may only be amended in accordance with Articles 39(2) and 40. 

EN 

33 

   EN 

 
Article 35 
Terms presumed to be unfair 

Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, 
are  considered  unfair,  unless  the  trader  has  proved  that  such  contract  terms  are  fair  in 
accordance with Article 32. That list of contract terms shall apply in all Member States and 
may only be amended in accordance with Articles 39(2) and 40. 

Article 36 
Interpretation of terms 

1. 

2. 

Where there is doubt about the meaning of a term, the interpretation most favourable 
to the consumer shall prevail.  

This  Article  shall  not  apply  in  the  context  of  the  procedures  laid  down  in  Article 
38(2). 

Article 37 
Effects of unfair contract terms 

Contract  terms  which  are  unfair  shall  not  be  binding  on  the  consumer.  The  contract  shall 
continue to bind the parties if it can remain in force without the unfair terms. 

1. 

2. 

3. 

4. 

1. 

Article 38 
Enforcement in relation to unfair contract terms 

Member  States  shall  ensure  that,  in  the  interests  of  consumers  and  competitors, 
adequate  and  effective  means  exist  to  prevent  the  continued  use  of  unfair  terms  in 
contracts concluded with consumers by traders. 

In particular, persons or organisations, having a legitimate interest under national law 
in  protecting  consumers,  may  take  action  before  the  courts  or  administrative 
authorities for a decision as to whether contract terms drawn up for general use are 
unfair.  

Member  States  shall  enable  the  courts  or  administrative  authorities  to  apply 
appropriate  and  effective  means  to  prevent  traders  from  continuing  to  use  terms 
which have been found unfair. 

Member  States  shall  ensure  that  the  legal  actions  referred  to  in  paragraph  2  and  3 
may  be  directed  either  separately  or  jointly  depending  on  national  procedural  laws 
against  a  number  of  traders  from  the  same  economic  sector  or  their  associations 
which use or recommend the use of the same general contract terms or similar terms. 

Article 39 
Review of the terms in Annexes 2 and 3 

Member  States  shall  notify  to  the  Commission  the  terms  which  have  been  found 
unfair by the competent national authorities and which they deem to be relevant for 
the purpose of amending this Directive as provided for by paragraph 2. 

EN 

34 

   EN 

 
2. 

1. 

2. 

1. 

2. 

1. 

2. 

17 

In  the  light  of  the  notifications  received  under  paragraph  1,  the  Commission  shall 
amend Annex II and III. Those measures designed to amend non essential elements 
of this Directive shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 40(2). 

Chapter VI 

General provisions 

Article 40 
The Committee 

The  Commission  shall  be  assisted  by  the  Committee  on  unfair  terms  in  consumer 
contracts (hereinafter referred to as "the Committee"). 

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4),  and  Article  7  of 
Decision  1999/468/EC17  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof. 

Article 41 
Enforcement 

Member  States  shall  ensure  that  adequate  and  effective  means  exist  to  ensure 
compliance with this Directive. 

The means referred to in paragraph 1 shall include provisions whereby one or more 
of  the  following  bodies,  as  determined  by  national  law,  may  take  action  under 
national  law  before  the  courts  or  before  the  competent  administrative  bodies  to 
ensure  that  the  national  provisions  for  the  implementation  of  this  Directive  are 
applied: 

(a) 

public bodies or their representatives; 

(b) 

consumer organisations having a legitimate interest in protecting consumers; 

(c) 

professional organisations having a legitimate interest in acting. 

Article 42 
Penalties 

Member States shall lay down the rules on penalties applicable to infringements of 
the national provisions adopted pursuant to this Directive and shall take all measures 
necessary  to  ensure  that  they  are  implemented.  The  penalties  provided  for  must  be 
effective, proportionate and dissuasive. 

Member States shall notify those provisions to the Commission by the date specified 
in  Article  46  at  the  latest  and  shall  notify  it  without  delay  of  any  subsequent 
amendment affecting them. 

OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

EN 

35 

   EN 

 
                                                 
Article 43 
Imperative nature of the Directive 

If the law applicable to the contract is the law of a Member State, consumers may not waive 
the rights conferred on them by this Directive. 

Article 44 
Information 

Member  States  shall  take  appropriate  measures  to  inform  consumers  of  the  national 
provisions transposing this Directive and shall, where appropriate, encourage traders and code 
owners to inform consumers of their codes of conduct. 

Article 45 
Inertia selling 

The  consumer  shall  be  exempted  from  the  provision  of  any  consideration  in  cases  of 
unsolicited  supply  of  a  product  as  prohibited  by  Article  5(5)  and  point  29  of  Annex  I  of 
Directive  2005/29/EC.  The  absence  of  a  response  from  the  consumer  following  such  an 
unsolicited supply shall not constitute consent. 

Article 46 
Transposition 

1. 

Member States shall adopt and publish, by [eighteen months after its entry into force] 
at the latest, the laws, regulations and administrative provisions necessary to comply 
with this Directive. They shall forthwith communicate to the Commission the text of 
those provisions and a correlation table between those provisions and this Directive. 

They shall apply those provisions from [two years after its entry into force]. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

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. 

Chapter VII 
Final provisions 

Article 47 
Repeals  

Directives  85/577/EEC  93/13/EEC  and  97/7/EC  and  Directive  1999/44/EC,  as  amended  by 
the Directives listed in Annex IV, are repealed. 

References  to  the  repealed  Directives  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex V. 

EN 

36 

   EN 

 
Article 48 
Review 

The  Commission  shall  review  this  Directive  and  report  to  the  European  Parliament  and  the 
Council no later than [insert same date as in the second subparagraph of Article 46(1) +five 
years].  

If necessary, it shall make proposals to adapt it to developments in the area. The Commission 
may request information from the Member States. 

Article 49 
Entry into force 

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

Article 50 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

37 

   EN 

 
ANNEX I 
INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF 
WITHDRAWAL 

A. Information to be provided with the withdrawal form 

The  name,  geographical  address  and  the  email  address  of  the  trader  to  whom  the 
withdrawal form must be sent. 

A statement that the consumer has a right to withdraw from the contract and that this 
right can be exercised by sending the withdrawal form below on a durable medium to 
the trader referred to in paragraph 1: 

(a) 

(b) 

for  off-premises  contracts,  within  a  period  of  fourteen  days  following  his 
signature of the order form; 

for  distance  sales  contracts,  within  a  period  of  fourteen  days  following  the 
material  possession  of the goods by the consumer or a third party, other than 
the carrier and indicated by the consumer; 

(c) 

for distance service contracts: 

– 

– 

within a period of fourteen days following the conclusion of the contract, 
where  the  consumer  has  not  given  his  prior  express  consent  for  the 
performance of the contract to begin before the end of this fourteen day 
period; 

within  a  period  ending  when  the  performance  of  the  contract  begins, 
where  the  consumer  has  given  his  prior  express  consent  for  the 
performance of the contract to begin before the end of the fourteen day 
period. 

For all sales contracts, a statement informing the consumer about the time-limits and 
modalities  to  send  back  the  goods  to  the  trader  and  the  conditions  for  the 
reimbursement in accordance with Articles 16 and 17(2). 

For distance contracts concluded on the Internet, a statement that the consumer can 
electronically fill in and submit the standard withdrawal form on the trader's website 
and  that  he  will  receive  an  acknowledgement  of  receipt  of  such  a  withdrawal  from 
the trader by email without delay. 

1. 

2. 

3. 

4. 

5. 

A statement that the consumer can use the withdrawal form set out in Part B. 

B. Model withdrawal form 

(complete and return this form only if you wish to withdraw from the contract) 

– 

– 

– 

– 

To: 

I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the 
following goods*/provision of the following service* 

Ordered on*/received on* 

Name of consumer(s) 

EN 

38 

   EN 

 
 
– 

– 

– 

Address of consumer(s) 

Signature of consumer(s) (only if this form is notified in writing) 

Date 

*Delete as appropriate. 

EN 

39 

   EN 

 
ANNEX II 

CONTRACT TERMS WHICH ARE IN ALL CIRCUMSTANCES CONSIDERED 
UNFAIR  

Contract  terms,  which  have  the  object  or  effect  of  the  following,  shall  be  unfair  in  all 
circumstances: 

(a) 

b) 

(c) 

(d) 

(e) 

excluding  or  limiting  the  liability  of  the  trader  for  death  or  personal  injury 
caused to the consumer through an act or omission of that trader; 

limiting  the  trader's  obligation  to  respect  commitments  undertaken  by  his 
agents  or  making  his  commitments  subject  to  compliance  with  a  particular 
condition which depends exclusively on the trader; 

excluding or hindering the consumer's right to take legal action or exercise any 
other  legal  remedy,  particularly  by  requiring  the  consumer  to  take  disputes 
exclusively to arbitration not covered by legal provisions; 

restricting the evidence available to the consumer or imposing on him a burden 
of proof which, according to the applicable law, should lie with the trader; 

giving the trader the right to determine whether the goods or services supplied 
are  in  conformity  with  the  contract  or  giving  the  trader  the exclusive  right  to 
interpret any term of the contract. 

EN 

40 

   EN 

 
 
ANNEX III 

CONTRACT TERMS WHICH ARE PRESUMED TO BE UNFAIR 

1. 

Contract terms, which have the object or effect of the following, are presumed to be 
unfair:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

excluding  or  limiting  the  legal  rights  of  the  consumer  vis-à-vis  the  trader  or 
another  party  in  the  event  of  total  or  partial  non-performance  or  inadequate 
performance by the  trader  of  any  of the contractual obligations, including the 
rights of the consumer of offsetting a debt owed to the trader against a claim 
which the consumer may have against him; 

allowing the trader to retain a payment by the consumer where the latter fails to 
conclude or perform the contract, without giving the consumer the right to be 
compensated of the same amount if the trader fails to conclude or perform the 
contract; 

requiring any consumer who fails to fulfil his obligation to pay damages which 
significantly exceed the harm suffered by the trader; 

allowing the trader to terminate the contract at will where the same right is not 
granted to the consumer; 

enabling  the  trader  to  terminate  an  open-ended  contract  without  reasonable 
notice except where the consumer has committed a serious breach of contract; 

automatically  renewing  a  fixed-term  contract  where  the  consumer  does  not 
indicate otherwise and has to give a long notice to terminate the contract at the 
end of each renewal period; 

allowing  the  trader  to  increase  the  price  agreed  with  the  consumer  when  the 
contract was concluded without giving the consumer the right to terminate the 
contract; 

(h)  obliging the consumer to fulfil all his obligations where the trader has failed to 

fulfil all his obligations; 

(i) 

(j) 

(k) 

(l) 

giving  the  trader  the  possibility  of  transferring  his  obligations  under  the 
contract, without the consumer's agreement; 

restricting  the  consumer's  right  to  re-sell  the  goods  by  limiting  the 
transferability of any commercial guarantee provided by the trader; 

enabling the trader to unilaterally alter the terms of the contract including the 
characteristics of the product or service; 

unilaterally  amending  contract  terms  communicated  to  the  consumer  in  a 
durable medium through on-line contract terms which have not been agreed by 
the consumer. 

2. 

Point 1(e) shall not apply to terms by which a supplier of financial service reserves 
the  right  to  terminate  unilaterally  an  open-ended  contract  without  notice,  provided 
that  the  supplier  is  required  to  inform  the  other  contracting  party  or  parties  thereof 
immediately. 

EN 

41 

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3. 

Point 1(g) shall not apply to 

(a) 

(b) 

(c) 

transactions in transferable securities, financial instruments and other products 
or  services  where  the  price  is  linked  to  fluctuations  in  a  stock  exchange 
quotation or index or a financial market rate that the trader does not control; 

contracts  for  the  purchase  or  sale  of  foreign  currency,  traveller's  cheques  or 
international money orders denominated in foreign currency; 

price-indexation  clauses,  where  lawful,  provided  that  the  method  by  which 
prices vary is explicitly described. 

4. 

Point 1(k) shall not apply to 

(a) 

(b) 

(c) 

(d) 

terms under which a supplier of financial services reserves the right to alter the 
rate of interest payable by the consumer or due to the latter, or the amount of 
other  charges  for  financial  services  without  notice  where  there  is  a  valid 
reason,  provided  that  the  supplier  is  required  to  inform  the  other  contracting 
party or parties thereof at the earliest opportunity and that the latter are free to 
dissolve the contract immediately; 

transactions in transferable securities, financial instruments and other products 
or  services  where  the  price  is  linked  to  fluctuations  in  a  stock  exchange 
quotation or index or a financial market rate that the trader does not control; 

contracts  for  the  purchase  or  sale  of  foreign  currency,  traveller's  cheques  or 
international money orders denominated in foreign currency; 

terms  under  which  the  trader  reserves  the  right  to  alter  unilaterally  the 
conditions of an open-ended contract, provided that he is required to inform the 
consumer with reasonable notice and that the consumer is free to terminate the 
contract. 

EN 

42 

   EN 

 
ANNEX IV 
Repealed Directives with the list of its successive amendments 
(referred to in Article 47) 

Council  Directive  85/577/EEC  of  20 
December  1985  to  protect  the  consumer  in 
respect  of  contracts  negotiated  away  from 
business premises 

OJ L 372, 31.12.1985, p. 31. 

Council Directive 93/13/EEC of 5 April 1993 
on unfair terms in consumer contracts 

OJ L 95, 21.4.1993, p. 29. 

Directive 
Parliament and of the Council  

97/7/EC 

of 

the  European 

Directive  2002/65/EC  of 
Parliament and of the Council  

the  European 

Directive  2005/29/EC  of 
Parliament and of the Council  

the  European 

Directive  2007/64/EC  of 
Parliament  and  of 
November 2007 

the  European 
the  Council  of  13 

OJ L 144, 4.6.1997, p. 19. 

OJ L 271, 9.10.2002, p. 16 

OJ L 149, 11.6.2005, p. 29  

OJ L 319, 5.12.2007, p. 1 

Directive  1999/44/EC  of 
Parliament and of the Council  

the  European 

OJ L 171, 7.7.1999, p. 12. 

EN 

43 

   EN 

 
 
 
 
 
Old numbering of Directive 
1993/13/EC on unfair terms in 
consumer contracts 

Old numbering of Council 
Directive 85/577/EEC of 20 
December 1985 to protect the 
consumer in respect of contracts 
negotiated away from business 
premises. 

Article 118  

ANNEX V 

CORRELATION TABLE 

Old numbering of Directive 
1997/7/EC of the European 
Parliament and of the Council of 
20 May 1997 on the protection of 
consumers in respect of distance 
contracts. 

Old numbering of Directive 
1999/44/EC on the sale of 
consumer goods and associated 
guarantees 

New numbering in this 
Directive 

Article 1, paragraph 119 

Article 1, paragraph 2 (replaced) 

Article 120 

Article 30, paragraph 3 

Article 1, paragraph 121 

Article 1, paragraph 2 point a 
(replaced) 

Article 2, point 1 

Article 1, paragraph 2 point b22  

Article 2, point 4 

Article 1, paragraph 2 point c 

Article 2, point 2 

Article 21, paragraph 3 

18 
19 
20 
21 
22 

Replaced, in substance, by Article 3 and Article 8 read in conjunction with Article 2, point 8. 
Replaced, in substance, by Article 1. 
Replaced, in substance, by Article 1. 
Replaced, in substance, by Article 1. 
Amended, in substance, by Article 21 paragraph 4 . 

EN 

44 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Old numbering of Council 
Directive 85/577/EEC of 20 
December 1985 to protect the 
consumer in respect of contracts 
negotiated away from business 
premises. 

Old numbering of Directive 
1993/13/EC on unfair terms in 
consumer contracts 

Old numbering of Directive 
1997/7/EC of the European 
Parliament and of the Council of 
20 May 1997 on the protection of 
consumers in respect of distance 
contracts. 

Old numbering of Directive 
1999/44/EC on the sale of 
consumer goods and associated 
guarantees 

New numbering in this 
Directive 

Article 2 (replaced) 

Article 2 point a  

Article 2 point b (replaced) 

Article 2 point c (replaced) 

Article 2, paragraph 1 (replaced) 

Article 2, paragraph 2 (replaced) 

Article 1, paragraph 2 point d 

Article 2, point 18 

Article 1, paragraph 2 point e 
(replaced) 

Article 2, point 19 

Article 1, paragraph 2 point f 

Deleted 

Article 1, paragraph 3 (replaced) 

Article 21, paragraph 4 

Article 1, paragraph 4 

Article 21, paragraph 2 

Article 2, point 1 

Article 2, point 2 

Deleted 

Article 2, point 1 

Article 2, point 2 

Article 2, point 6 

Article 2, point 1 

EN 

45 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Old numbering of Council 
Directive 85/577/EEC of 20 
December 1985 to protect the 
consumer in respect of contracts 
negotiated away from business 
premises. 

Old numbering of Directive 
1993/13/EC on unfair terms in 
consumer contracts 

Old numbering of Directive 
1997/7/EC of the European 
Parliament and of the Council of 
20 May 1997 on the protection of 
consumers in respect of distance 
contracts. 

Article 2, paragraph 3 (replaced) 

Article 2, paragraph 4, 1st sentence 
(replaced) 

Article 2, paragraph 4 , 2nd 
sentence 

Article 2, paragraph 5 

Old numbering of Directive 
1999/44/EC on the sale of 
consumer goods and associated 
guarantees 

New numbering in this 
Directive 

Article 2, point 2 

Article 2, point 7 

Deleted 

Deleted 

Article 2, paragraph 1 

Article 24, paragraph 1 

Article 22 

Article 2, paragraph 2 

Article 24, paragraph 2 

Article 2, paragraph 3 

Article 24, paragraph 3 

Article 2, paragraph 4 

Article 24, paragraph 4 

Article 2, paragraph 5 

Article 24, paragraph 5 

Article 3, paragraph 1 

Deleted  

EN 

46 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Old numbering of Council 
Directive 85/577/EEC of 20 
December 1985 to protect the 
consumer in respect of contracts 
negotiated away from business 
premises. 

Old numbering of Directive 
1993/13/EC on unfair terms in 
consumer contracts 

Old numbering of Directive 
1997/7/EC of the European 
Parliament and of the Council of 
20 May 1997 on the protection of 
consumers in respect of distance 
contracts. 

Old numbering of Directive 
1999/44/EC on the sale of 
consumer goods and associated 
guarantees 

New numbering in this 
Directive 

Article 3, paragraph 2, point a 
(replaced) 

Article 3, paragraph 2, point b 
(replaced) 

Article 3, paragraph 2, point c 
(replaced) 

Article 3, paragraph 2, point d 

Article 3, paragraph 2, point e 

Article 3, paragraph 323 

Article 3, paragraph 1 

Article 3, paragraph 2, 1st 
subparagraph (replaced) 

Article 20, paragraph 1, 
point a 

Article 20, paragraph 1, 
point d 

Article 12, paragraph 2 

Article 20, paragraph 2, 
point a 

Article 20, paragraph 2, 
point b 

Article 32, paragraph 124  

Article 30, paragraph 1 

23 
24 

Replaced in substance by Article 3 and Article 8 read in conjunction with Article 2, point 8. 
To be read in conjunction with Article 30, paragraph 1. 

EN 

47 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Old numbering of Council 
Directive 85/577/EEC of 20 
December 1985 to protect the 
consumer in respect of contracts 
negotiated away from business 
premises. 

Old numbering of Directive 
1993/13/EC on unfair terms in 
consumer contracts 

Old numbering of Directive 
1997/7/EC of the European 
Parliament and of the Council of 
20 May 1997 on the protection of 
consumers in respect of distance 
contracts. 

Old numbering of Directive 
1999/44/EC on the sale of 
consumer goods and associated 
guarantees 

New numbering in this 
Directive 

Article 3, paragraph 2, 2nd 
subparagraph 

Article 3, paragraph 2, 3rd 
subparagraph 

Article 3, paragraph 3 (replaced) 

Article 3, paragraph1, 1st indent 
(replaced) 

Article 3, paragraph 1, 2nd indent 

Article 3, paragraph 1, 3rd indent 
(replaced) 

Article 3, paragraph 1, 4th indent 
(replaced) 

Article 30, paragraph 2 

Article 33 

Article 34 

Article 35 

Article 3, paragraph 2 

Article 20, paragraph 1, 
point b 

Article 20, paragraph 1, 
point c 

Article 20, paragraph 1, 
point a 

EN 

48 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Old numbering of Council 
Directive 85/577/EEC of 20 
December 1985 to protect the 
consumer in respect of contracts 
negotiated away from business 
premises. 

Old numbering of Directive 
1993/13/EC on unfair terms in 
consumer contracts 

Article 4, 1st sentence (replaced) 

Article 4, 2nd sentence (replaced) 

Old numbering of Directive 
1997/7/EC of the European 
Parliament and of the Council of 
20 May 1997 on the protection of 
consumers in respect of distance 
contracts. 

Article 325, paragraph 1, 5th indent 
(replaced) 

Article 3, paragraph 2, 1st indent 
(replaced) 

Article 3, paragraph 2, 2nd indent 
(replaced) 

Old numbering of Directive 
1999/44/EC on the sale of 
consumer goods and associated 
guarantees 

New numbering in this 
Directive 

Article 20, paragraph 1, 
point d 

Article 20, paragraph 3 

Article 3, paragraph 1(replaced) 

Article 25 

Article 23 

Article 3, paragraph 2 (replaced) 

Article 26, paragraph 1 

Article 9 

Article 10 

Article 4, paragraph 1 (replaced) 

Article 32, paragraph 2 

25 

Partly replaced, by Article 19, paragraph 1, point h. 

EN 

49 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Old numbering of Council 
Directive 85/577/EEC of 20 
December 1985 to protect the 
consumer in respect of contracts 
negotiated away from business 
premises. 

Old numbering of Directive 
1993/13/EC on unfair terms in 
consumer contracts 

Old numbering of Directive 
1997/7/EC of the European 
Parliament and of the Council of 
20 May 1997 on the protection of 
consumers in respect of distance 
contracts. 

Old numbering of Directive 
1999/44/EC on the sale of 
consumer goods and associated 
guarantees 

New numbering in this 
Directive 

Article 4, paragraph 2 (replaced) 

Article 4, paragraph 1, point a 
(replaced) 

Article 4, paragraph 1, point b 
(replaced) 

Article 4, paragraph 1, point c 
(replaced) 

Article 4, paragraph 1, point d 
(replaced) 

Article 4, paragraph 1, point e 
(replaced) 

Article 5, paragraph 1 (replaced) 

Article 5, paragraph 2 (replaced) 

Article 32, paragraph 3 

Article 5, paragraph 1, 
point b 

Article 5, paragraph 1, 
point a 

Article 5, paragraph 1, 
point c 

Article 5, paragraph 1, 
point c 

Article 9, paragraph 1, 
point a 

Article 12 

Article 14 

Article 15 

Article 16 

EN 

50 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Old numbering of Council 
Directive 85/577/EEC of 20 
December 1985 to protect the 
consumer in respect of contracts 
negotiated away from business 
premises. 

Old numbering of Directive 
1993/13/EC on unfair terms in 
consumer contracts 

Old numbering of Directive 
1997/7/EC of the European 
Parliament and of the Council of 
20 May 1997 on the protection of 
consumers in respect of distance 
contracts. 

Old numbering of Directive 
1999/44/EC on the sale of 
consumer goods and associated 
guarantees 

New numbering in this 
Directive 

Article 6 (replaced) 

Article 726 

Article 5, 1st sentence (replaced) 

Article 5, 2nd and 3rd sentence 

Article 6, paragraph 1 

Article 6, paragraph 2 

Article 7, paragraph 1 

Article 7, paragraph 2 (replaced) 

Article 17 

Article 31 

Article 36 

Article 43 

Article 37 

Deleted 

Article 38, paragraph 1 

Article 38, paragraph 2 

Old numbering in the Annex of Regulation (EC) No 2006/2004 on cooperation between 
national authorities responsible for the enforcement of consumer protection laws 

To be construed as a reference to 

Paragraphs 2, 6, 8 and 11 

This Directive 

26 

Replaced, in substance, by Article 16 and Article 17. 

EN 

51 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Directive of the European Parliament and of the Council on consumer 
contractual rights 

2. 

ABM / ABB FRAMEWORK 

Consumer policy 

BUDGET LINES 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)) including headings: 

3. 

3.1. 

XX0101: for the payment of the officials 

XX010211: for the payment of the committee costs 

3.2. 

Duration of the action and of the financial impact: 

From 2011 (i.e. year n = 2011), duration not defined  

This  budget  intends  to  cover  the  costs  of  the  future  Committee  on  unfair  terms  in 
consumer  contracts  that  will  be  set  up  as  announced  in  the  Directive  after  the 
adoption of that Directive by the Parliament and the Council: 

1  FTE  administrator  valued  at  €  117,000  (acco rding  to  the  specific  Guidelines),  to 
support the comitology process. 

Costs  of  the  plenary  session,  with  one  participant  from  the  27  Member  States.  3 
meetings scheduled per year, valued at € 20,000 each. Actual costs of the meetings 
and frequency of those meetings might need revision, depending on the final shape 
of  the  directive,  after  adoption  by  council  and  parliament,  and  the  necessary 
comitology structures. 

3.3. 

Budgetary characteristics:  

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

XX 0101 

Comp 

XX 
010211 

Non com 

Non-
diff27 

Non-
diff28 

NO 

NO 

NO 

NO 

NO 

NO 

5 

5 

27 
28 

Non-differentiated appropriations hereafter referred to as NDA. 
Non-differentiated appropriations hereafter referred to as NDA. 

EN 

52 

   EN 

 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Section 
no. 

Expenditure type 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

(2011) 

(2012) 

(2013) 

(2014) 

(2015) 

Total 

n + 5 
and 
later 

(2016 
and 
later) 

Operational expenditure29 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

Administrative expenditure within reference amount30 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c 

b+
c 

Administrative expenditure not included in reference amount31 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

8.2.5. 

d 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.6. 

e 

0.117 

0.117 

0.117 

0.117 

0.117 

0.117 

0.702 

0.060 

0.060 

0.060 

0.060 

0.060 

0.060 

0.360 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d+
e 

b+c
+d+
e 

0.177  0.177 

0.177 

0.177 

0.177 

0.177 

1.062 

0.177  0.177 

0.177 

0.177 

0.177 

0.177 

1.062 

29 
30 
31 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

53 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Co-financing details: not applicable 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

(cid:58) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement32 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

(cid:58) 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Prior to
action 
[Year n-
1] 

[Year 
n] 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5]33

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

32 
33 

See points 19 and 24 of the Interinstitutional agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

54 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

(2011) 

(2012) 

(2013) 

(2014) 

(2015) 

n + 5 
and 
later 

(2016 
and 
later) 

Total  number  of  human 
resources 

1 

1 

1 

1 

1 

1 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

Not applicable. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

Not applicable. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

Not applicable. 

5.4.  Method of Implementation (indicative) 

(cid:133)  Centralised Management 

(cid:58) 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

(cid:133) 

(cid:133) 

executive Agencies 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

EN 

55 

   EN 

 
 
 
 
 
 
 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

Regular reporting of the Committee meetings will be ensured and disseminated to the 
member States and Commission services. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

Not applicable. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

Not applicable. 

6.2.3.  Terms and frequency of future evaluation 

An evaluation of the running of the Committee will be done after 5 years. 

7. 

ANTI-FRAUD MEASURES  

Not applicable. 

EN 

56 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Type of output 

Av. 
cost 

Year n 

(2011) 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

(2012) 

(2013) 

(2014) 

(2015) 

Year n+5 and 
later 

(2016 and later) 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

of 

(Headings 
Objectives, 
actions 
and 
outputs should be 
provided) 

OPERATIONAL 
OBJECTIVE  No.1 
34……… 

Action 1: 
Committee on 
unfair terms in 
consumer 
contracts 

- - Outpu 

N° meetings 

3 

0.060 

3 

0.060 

3 

0.060 

3 

0.060 

3 

0.060 

3 

0.060 

18 

0.360 

- Output 2 

Action 
2………………. 

- Output 1 

Sub-total 
Objective 1 

OPERATIONAL 
OBJECTIVE  No.2 
1……… 

34 

As described under Section 5.3. 

EN 

57 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Action 
1………………. 

- Output 1 

Sub-total 
Objective 2 

OPERATIONAL 
OBJECTIVE  No.n 
1 

Sub-total 
Objective n 

TOTAL COST 

EN 

58 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

(2011) 

(2012) 

(2013) 

(2014) 

(2015) 

(2016) 

A*/AD 

1 

1 

1 

1 

1 

1 

B*, 
C*/AST 

Officials or 
temporary 
staff35 (XX 01 
01) 

Staff  financed36  by  art. 
XX 01 02 

Other  staff37  financed by 
art. XX 01 04/05 

TOTAL 

8.2.2.  Description of tasks deriving from the action 

Running  of  the  new  comitology  Committee  ("Committee  on  unfair  terms  in 
consumer contracts") established in accordance with Article 39 of this Directive that 
will work on the implementation of the Directive 

Costs  of  the  plenary  session,  with  one  participant  from  the  27  Member  States.  3 
meetings scheduled per year, valued at € 20,000 each. Actual costs of the meetings 
and frequency of those meetings might need revision, depending on the final shape 
of the directive, after adoption by the Council and the Parliament. 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the 
allocation  that  can  be  granted  to  the  managing  DG  in  the  framework  of  the  annual 
allocation procedure in the light of budgetary constraints. 

8.2.3. 

Sources of human resources (statutory) 

(cid:58) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

35 
36 
37 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

59 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies38 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

(2011) 

(2012) 

(2013) 

(2014) 

(2015) 

Year n+5 

and later 

(2016 
and later) 

0.117 

0.117 

0.117 

0.117 

0.117 

0.117 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

38 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

60 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and Temporary agents 

Rate of €117,000/ staff used to quantify the  costs, as suggested in BUDG guidelines 

Calculation– Staff financed under art. XX 01 02 

[…] 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year n 

(2011) 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

(2012) 

(2013) 

(2014) 

(2015) 

Year 
n+5 

and 
later 

(2016 
and 
later) 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees  

0.060 

0.060  0.060  0.060  0.060  0.060  0.360 

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

0.060 

0.060  0.060  0.060  0.060  0.060  0.360 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

0.060 

0.060  0.060  0.060  0.060  0.060  0.360 

Calculation - Other administrative expenditure not included in reference amount 

[…] 

The needs for human and administrative resources shall be covered within the allocation that 
can be granted to the managing DG in the framework of the annual allocation procedure in the 
light of budgetary constraints. 

EN 

61 

   EN