CELEX: 51995PC0259
Language: en
Date: 1995-06-07
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Council Directive 79/581/EEC on consumer protection in the indication of the prices of foodstuffs as amended by Council Directive 88/315/EEC and Council Directive 88/314/EEC on consumer protection in the indication of the prices of non-food products

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 7.06.1995
                                                  COM(95) 259 final
                                                  94/0300 (COD)
                              Amended proposal for a
            EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
amending Council Directive 79/581/EEC on consumer protection in the indication of the
prices of foodstuffs as amended by Council Directive 88/315/EEC and Council Directive
88/314/EEC on consumer protection in the indication of the prices of non-food products
            (presented by the Commission pursuant to Article 189 a (2)
                                of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                        EXPLANATORY MEMORANDUM
I  SUMMARY OF THE PROCEDURE
   On 5 December 1994 the European Commission adopted a proposal for a
   European Parliament and Council Directive amending Council Directive
   79/581/EEC on consumer protection in the indication of the prices of foodstuffs
   as amended by Council Directive 88/315/EEC and Council Directive 88/314/EEC
   on consumer protection in the indication of the prices of non-food products1.
   This proposal was transmitted to the Council, also on 5 December 1994.
   The Economic and Social Committee delivered its opinion at its 325th plenary
   session on 27 April 1995, acting on the proposal from its rapporteur, Mr Regal do2.
   On 19 May 1995 the European Parliament adopted a legislative resolution setting
   out the opinion of the European Parliament, acting on the proposal from its
   rapporteur, Mrs Oomen-Ruitjen.
   Council working parties met on 13 January and 19 May 1995.
   The amended proposal was drawn up taking into account the results of the work
   of the three institutions.
 H  COMMENTS ON THE MODIFICATIONS
    •         Recitals
            The Parliament and Economic and Social Committee wanted a mention
            that the Commission would shortly present a proposal for a simplified
            future mechanism. The Parliament would like this proposal to be presented
            this year.
            The new recital 8 has been introduced in response.
            The amendment to new recital 11 follows from the changes made to
            Article 1 (1) and (2).
    •        Definition of small retail businesses
    OJ No C 377, 31.12.1994
    OJ No ...
 ---pagebreak--- Parliament wants an additional recital stating that the future mechanism
will contain a clear and precise definition of the term "small retail
businesses" referred to in Article 11 of the two Directives 88/314/EEC and
88/315/EEC. The Commission, which has told Parliament that it is willing
to examine the matter carefully, considers however that such issues should
be addressed in the context of the proposal for the simplified future
mechanism, not in the proposal to extend the transitional period. Hence,
the Commission considers it advisable not to anticipate the discussions on
the future system by including a recital which has no bearing on the text
as such.
Parliament was also keen to avoid anticipating discussions on the future
system, rejecting an amendment (No 5) which also dealt with the system
applicable to certain small retail businesses.
Article 1
Parliament wanted the extension to the transitional period to be reduced
 from four to two years, in order to accelerate the entry into effect of the
 future simplified system.
 To this end Parliament voted an amendment No 2 modifying a recital
 concerning the duration of the extension, as well as two amendments Nos
 3 and 4 modifying the periods laid down in Article 1(1) (in regard to
 Directive 88/315/EEC on foodstuffs) and Article 1(2) (in regard to
 Directive 88/314/EEC on non-food products).
 Hence these three amendments, which the Commission has endorsed, have
 been incorporated into the amended proposal.
  Article 2
  Given how work is progressing and with an eye to the impending expiry
  of the transitional period provided for in 1988, it did not seem realistic to
  maintain the date of 6 June 1995 in paragraph 1 as the final deadline for
  transposition. This amendment does not affect the continuity of the
  transitional period provided for in the 1988 Directives, which is extended
  as provided for in the amended Article 1.
 ---pagebreak--- m      THE OVERALL PICTURE
               Economic and Social Committee Work
  Essential features of the ESC opinion       Commission response
  2.1    Agreement on extension by four       Not adopted, since the Commission has
         years as foreseen in the             agreed to incorporate amendments 2 to
         Commission's initial proposal.       4 voted by Parliament.
  2.2    The ESC insists on the fact that     See below.
         this extension should be the final
          one.
  2.3     The ESC urges the Commission        Accepted: new recital No 8
          to present a proposal for a future
          mechanism without delay.
                European Parliament work
  Number                 Amended text         Accepted by the         Integrated (new
                                              Commission              numbering)
  1                      Recital  7a          Yes                     Recital 8
  6                      Recital 4a           No
  2                      Recital  10          Yes                     Recital 11
  3                      Article 1 (1)        Yes                     Article 1 (1)
  4                      Article 1 (2)        Yes                     Article 1 (2)
                The above table shows that the Commission has accepted four of the five
                amendments voted by the European Parliament.
                Amendment No 6 has not been accepted because it clearly concerns the
                nature of the future system and was out of place in this text, which
                concerns the extension of the existing system adopted in 1988.
                Council work
                During the examination on a first reading and pending the opinion of the
                European Parliament, the Council working party, having examined the
                Commission's initial proposal on 13 January 1995, concluded that the
                proposed extension was necessary, both in order to avoid adverse effects
                on consumer information and to forestall difficulties in implementation at
                national level. Hence the working party came out in favour of extending
                the mechanism for a further four years pending the adoption of the future
                simplified system.
 ---pagebreak---   AMENDED PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
amending Council Directive 79/581/EEC on consumer protection in the indication of the
prices of foodstuffs as amended by Council Directive 88/315/EEC and Council Directive
88/314/EEC on consumer protection in the indication of the prices of non-food products
                                       (95/C ....)
                                     COM (95) ...
Submitted by the Commission                   1995, under Article 189a (2) of the EEC
Treaty
OJC 377, 31.12.1994
         INITIAL PROPOSAL                             AMENDED PROPOSAL
The European Parliament and          the
Council of the European Union
Having regard to the Treaty establishing
the European Community, and in
particular Article 100a thereof,
Having regard to the proposal from the           Having regard to the proposal from the
 Commission1,                                    Commission1,
Having regard to the opinion of the              Having regard to the opinion of the
Economic and Social Committee2,                  Economic and Social Committee2,
 Acting in conformity with the procedure
 provided for in Article 189b of the
 Treaty,
 Whereas the programmes of the                    1.   Unchanged.
 Community for a consumer protection
 and information policy3 have provided
 for the establishment of common
 principles for indicating prices;
 ---pagebreak--- Whereas these principles have been         Unchanged.
established by Council Directive
79/581/EEC of 19 June 19794 as
amended by Council Directive
88/315/EEC of 7 June 19885 and Council
Directive 88/314/EEC of 7 June 19886
concerning the indication of prices of
foodstuffs and non-food products;
Whereas these Directives have provided     Unchanged.
for the obligation to indicate the selling
price of foodstuffs and non-food
products;
Whereas these Directives have also         Unchanged.
provided for the obligation to indicate
the unit price of products marketed in
bulk and of certain pre-packaged
 products as well as a certain number of
 exemptions to this obligation, when
 products are marketed in ranges of pre-
 packaged quantities, when this unit-price
 indication does not provide meaningful
 information to the consumer or when it
 represents an excessive burden for
 certain small retail businesses;
 Whereas however the provisions            Unchanged.
 currently in force provide for a
 transitional period for implementing
 exemptions to the indication of the unit
 price for certain pre-packaged products;
 whereas this transitional period expires
 on 7 June 1995;
 Whereas, however, application of these     Unchanged.
 Directives has proven extremely
 complex, in the light of trade practices
 which vary from one Member State to
 another;
 Whereas account should be taken of all     Unchanged.
 the difficulties        encountered in
 implementing the provisions of these
 Directives by 7 June 1995; whereas it is
  appropriate to propose new and
  simplified provisions;
 ---pagebreak---                                             8.  Whereas to this end the
                                                 Commission will,            where
                                                 appropriate, present a proposal
                                                for a simplified mechanism,
                                                based on the general obligation to
                                                indicate the selling price and the
                                                unit price of all products.
Whereas, however, these new provisions      9.   Unchanged.
cannot be adopted before June 1995;
Whereas it is appropriate to bring          10.  Unchanged.
forward the period for transposition by
Member States of the above new
provisions;
Whereas it is therefore appropriate to      11. Whereas it is             therefore
extend by four years the transitional            appropriate to extend by two
period currently provided for in Articles        years the transitional period
10 of Directives 79/581/EEC as amended           currently provided for in Articles
and 88/314/EEC:                                  10 of Directives 79/581/EEC as
                                                 amended and 88/314/EEC.
HAVE ADOPTED THIS DIRECTIVE                 HAVE ADOPTED THIS DIRECTIVE
                 Article 1                                Article 1
        Article 10 of Council Directive     1.   Article 10 of Council Directive
        79/581/EEC of 19 June 1979,              79/581/EEC of 19 June 1979,
        amended by Council Directive             amended by Council Directive
        88/315/EEC on consumer                   88/315/EEC on consumer
        protection in the indication of the      protection in the indication of the
        prices of foodstuffs is amended          prices of foodstuffs is amended
        as follows:                              as follows:
        - in the first sentence, the words       - in the first sentence, the words
        "a period of seven years" are            "a period of seven years" are
        replaced by "a period of eleven          replaced by "a period of nine
        years".                                  years".
 ---pagebreak---      Article 10 of Council Directive      2.    Article 10 of Council Directive
     88/314/EEC of 7 June 1988 on               88/314/EEC of 7 June 1988 on
     consumer protection in the                 consumer protection in the
     indication of the prices of non-           indication of the prices of non-
     food products is amended as                food products is amended as
     follows:                                   follows:
     - in the first sentence, the words         - in the first sentence, the words
     "a period of seven years" are              "a period of seven years" are
     replaced by "a period of eleven            replaced by "a period of nine
     years".                                    years".
                Article 2                                Article 2
     Member States shall bring into             Member States shall bring into
      force the laws, regulations and            force the laws, regulations and
      administrative        provisions           administrative       provisions
      necessary to comply with this              necessary to comply with this
      Directive by 6 June 1995 at the            Directive. They shall forthwith
      latest. They shall forthwith               inform the Commission thereof.
      inform the Commission thereof.             The provisions adopted shall be
      The provisions adopted shall be            applicable as of 7 June 1995.
      applicable as of 7 June 1995.
      When Member States adopt these             Unchanged.
      provisions, these shall contain a
      reference to this Directive or
      shall be accompanied by such a
      reference at the time of their
       official    publication. The
       procedure for such reference shall
      be adopted by the Member
       States.
      Member           States     shall           Unchanged.
       communicate to the Commission
       the text of the provisions of
       national law which they adopt in
       the field governed by this
       Directive.
                Article 3                                 Article 3
This Directive is addressed to the         Unchanged
Member States.
 ---pagebreak--- 1. OJNoC377, 31.12.1994
2. OJ No
3. OJ No C 92, 25.04.1975, p, 2 and OJ No C 133 of 03.06.1981, p. 2
4. OJ No L 158, 26.06.1979, p. 19
5. OJ No L 142, 09.06.1988, p. 23
6. OJ No L 142, 09.06.1988, p. 19
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 259 final
                                              DOCUMENTS
EN                                                                            10
                                     Catalogue number : CB-CO-95-277-EN-C
                                                             ISBN 92-77-90283-3
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