CELEX: 51983PC0754
Language: en
Date: 1983-12-22
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON CONSUMER PROTECTION IN RESPECT OF THE INDICATION OF PRICES FOR NON-FOOD PRODUCTS

N o C 8/2                          Official Journal of the European Communities                                13.1.84
                                                           II
                                                   (Preparatory Acts)
                                             COMMISSION
              Proposal for a Council Directive on consumer protection in respect of the indication of
                                             prices for non-food products
                                                  COM(83) 754 final
                         (Submitted by the Commission to the Council on 23 December 1983)
                                                      (84/C 8/02)
THE COUNCIL OF THE EUROPEAN                                    Whereas indication of the selling price and the unit
COMMUNITIES,                                                   price of non-food products makes it easier for
                                                               consumers to compare prices at places of sale;
Having regard to the Treaty establishing the                   whereas it accordingly increases market transparency
European Economic Community, and in particular                 and ensures greater protection for consumers;
Articles 100 and 235 thereof,
Having regard to the proposal from the Commission,             Whereas the obligation to indicate these prices must
                                                               apply in principle to all non-food products offered to
                                                               the final consumer; whereas this obligation must also
Having regard to the opinion of the European Par-              apply to written or printed advertising and catalogues
liament,                                                       wherever these give the selling prices of the products;
Having regard to the opinion of the Economic and
Social Committee,                                              Whereas the selling price and the unit price must be
                                                               indicated in accordance with specific procedures for
Whereas the preliminary programme of the European              each category of products so as not to place an undue
Economic Community for a consumer protection and               burden on the retailer as regards labelling;
information policy (*) provides for the establishment
of common principles for indicating prices;
                                                               Whereas the obligation to indicate the unit price
Whereas there are substantial differences in the laws,         should be waived for products in respect of which
regulations and administrative provisions in the               such indication would be meaningless; notably
Member States concerning the obligation to indicate            products sold by individual item;
unit prices for non-food products, and in particular in
the categories of non-food products exempted;
whereas these differences are liable to hinder trade,          Whereas in the case of prepackaged products the
thereby directly affecting the operation of the                obligation to indicate the unit price of measurement
common market;                                                 should, wherever possible, be replaced by the stan-
                                                               dardization of quantities; whereas account should be
Whereas Council Directive 79/581/EEC (2) makes it              taken of the progress made as regards the standard-
compulsory to indicate the prices of foodstuffs;               ization at Community level of quantity ranges for
whereas the Council resolution (3) adopted on the              products prepackaged in pre-established quantities
same day invites the Commission to submit a proposal           and provision should therefore be made for the
concerning the indication of the selling price and the         exemption of ranges of quantities so standardized;
unit price for non-food household products;
                                                               Whereas Council Directive 80/232/EEC (4), as
                                                                amended by Directive . . / . . ./EEC, lays down the
C) OJ No C 92, 25. 4. 1975, p. 2.
O OJ No L 158, 26. 6. 1979, p. 19.
O OJ No C 163, 30. 6. 1979, p. 1.                               O OJ No L 51, 25. 2. 1980, p. 1.
 ---pagebreak--- 13.1. 84                            Official Journal of the European Communities                                     No C 8/3
ranges of nominal quantities and nominal capacities             ((d) products prepackaged in variable quantities'
permitted for certain prepackaged products;                             means products prepackaged in such a way that
                                                                        the quantity in the package does not correspond
"Whereas the exemption of ranges of quantities                          to a previously-determined amount;
established at national level should not be allowed to
affect trade between the Member States either                   ((e) 'unit price' means the price for one kilogram, one
directly or indirectly; whereas the national ranges of                  litre, one metre or one square metre of the
quantities to be exempted from unit pricing should                      product, subject to Article 6 (2).
therefore be determined at Community level;
                                                                                             Article 3
Whereas the rules laid down in this Directive are
necessary for informing and protecting consumers
and further the attainment of one of the objectives of            1.      The products referred to in Article 1 must bear
                                                                aan    indication of the selling price and, subject to the
the Community by contributing to the improvement
of living conditions and the harmonious development            Fprovisions of Articles 7 and 8, bear an indication of
of economic activities throughout the Community;               *the unit price.
whereas, however, the Treaty has not provided all the
necessary specific powers,                                     22. The selling price and the unit price shall relate
                                                                 t the final price of the products under the conditions
                                                                 to
                                                                 1 down by the Member States.
                                                                 laid
HAS ADOPTED THIS DIRECTIVE:
                                                                                             Article 4
                         Article 1
                                                                 The selling price and the unit price indicated at the
 1. This Directive concerns the indication of the                place of sale shall be unambiguous, easily identifiable
selling price and the unit price for non-food products         *and clerarly legible. Each competent national
offered to the final consumer, or advertized                      authority may lay down the specific rules for such
indicating the price.                                           •indication of prices, e.g. by means of posters, labels
                                                                  on
                                                                  ( shelves or packaging.
2.     This Directive shall not apply to:
— products bought by the final consumer for the                                               Article 5
     purposes of a trade or commercial activity,
                                                                  Any
                                                                  1       written or printed advertisement or catalogue
— products supplied in the course of the provision of          £aimed        at the final consumer which mentions the
     a service,                                                  sselling price of products referred to in Article 1 shall
                                                                  indicate
                                                                  i           the unit price, subject to Articles 7 and 8.
— private sales,
 — sales by auction.                                                                          Article 6
                                                                    1. The unit price shall be expressed as a price per
                         Article 2
                                                                   litre or per cubic metre for products sold by volume,
                                                                    as a price per kilogram or per tonne for products sold
 For the purposes of this Directive:                               |by weight, as a price per metre for products sold by
                                                                    length
                                                                    1        and as a price per square metre for products
 (a) 'products sold by individual item' means products            ; sold  by  area.
      which cannot be broken down without changing
      their nature or properties;                                   2. Member States may, however, allow the unit
                                                                    price to be expressed in relation to decimal multiples
 (b) 'prepackaged products' means products packaged               '
                                                                    or fractions of the units referred to in paragraph 1, in
      other than in the consumer's presence, whether
                                                                    order to take account of the quantities in which
      such packaging encloses the product completely
                                                                    certain products are normally sold.
      or only partially;
 (c) 'products      prepackaged     in    pre-established           3. The unit price of prepackaged products shall
      quantities' means products prepackaged in such a              refer to the quantity declared in accordance with
      way that the quantity in the package corresponds              national and Community provisions. Where two or
      to a previously-determined amount;                            more quantities are declared on the packaging, the
 ---pagebreak---                                        'ffj
 No C 8/4                            Official Journal of the European Communities                               13.1.84
 Member States may determine which one is to be                                         Article 10
 used to calculate the unit price.
                                                                At the request of the Member State concerned and
                         Article 7                               after having consulted the other Member States, the
                                                                Commission may take a decision to exempt from the
 1. The obligation to indicate the unit price shall be          obligation to indicate unit prices non-food products
waived for the following products:                              prepackaged in pre-established quantities for which
                                                                ranges of nominal quantities of contents have been
 (a) products sold by individual item;                          established in that Member State, in so far as:
 (b) products exempted from the obligation to indicate          — these ranges satisfy the criteria set out in the
     weight or volume;                                               resolution of 19 June 1979;
(c) products contained in a single package from                 — the proposed exemption is not likely to affect
     which a mixture is to be prepared;                              trade between Member States either directly or
                                                                     indirectly.
(d) alcohol-based cosmetic products other than those
     referred to in point 7.4 of Annex I to Directive
     80/232/EEC;                                                                        Article 11
(e) proprietary medicinal product?.                             Member States may exempt from the obligation to
                                                                indicate the unit price products sold by certain small
2. Products sold in quantities of 50 grams or 50                retail businesses and passed directly by the seller to
millilitres or less or in quantities of 10 kilograms or         the buyer, where price indication:
10 litres or more shall be exempted from the                   — is likely to constitute an excessive burden on such
obligation to indicate the unit price.                               shops, or
                         Article 8                             — appears to be impracticable owing to the number
                                                                     of products offered for sale, the sales area, its
The following shall be exempted from the obligation                  layout or the conditions peculiar to certain forms
to indicate the unit price:                                          of trading such as particular types of itinerant
                                                                     trading.
— the products prepackaged in pre-established
    quantities listed in Annex I (points 4, 5, 6, 7, 8, 9      The exemptions referred to in the preceding
    and 10) to Directive 80/232/EEC, where they are            paragraph shall be without prejudice to more
    sold in the ranges of nominal quantities of                stringent obligations to indicate prices existing under
    contents given in the said Annex, or where they            national provisions at the time of the entry into force
    are sold in quantities of 50 grams or 50 millitres         of this Directive.
    or less or 10 kilograms or 10 litres or more,
                                                                                        Article 12
— the products prepackaged in pre-established
    quantities referred to in Annex II (point 3) and            1. Member States shall bring into force the laws,
    Annex III (points 1 and 2) to Directive 80/232/            regulations and administrative provisions necessary to
    EEC, where they are sold in rigid containers in            comply with this Directive before 1 March 1986.
    capacity ranges given in the said Annexes and are          They shall forthwith inform the Commission thereof.
    not listed in Annex I to Directive 80/232/EEC.
                                                               2. Member States shall communicate to the
                         Article 9                             Commission the texts of the provisions of national
                                                               law which they adopt in the field covered by this
Where Community measures are adopted concerning                Directive.
the standardization of ranges of nominal quantities of
contents relating to non-food products not referred                                     Article 13
to in Article 8 the Council, acting on a proposal from
the Commission, shall, if necessary, amend Article 8.          This Directive is addressed to the Member States.