A4-0015/97

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive on consumer protection in the indication of the prices of products offered to consumers (C4-0530/96 - 95/0148(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0530/96 - 95/0148(COD),

- having regard to its opinion at first reading ((OJ C 141, 13.5.1996, p. 191.)) on the Commission proposal to Parliament and the Council, COM(95)0276 ((OJ C 260, 5.10.1995, p. 5.)),

- having regard to the amended Commission proposal, COM(96)0264 ((OJ C 249, 27.8.1996, p. 2 .)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0015/97),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and the Commission.

(Amendment 1)

Recital -1 (new)

>Text following EP vote>

(-1) Whereas transparent operation of the market and correct information is of benefit to consumer protection and healthy competition between enterprises and products;

(Amendment 2)

Recital 1

>Original text>

(1) Whereas consumers must be guaranteed a high level of protection; whereas the Community should contribute thereto by specific action which supports and supplements the policy pursued by the Member States regarding adequate information of consumers on the prices of products offered to them;

>Text following EP vote>

(1) Whereas consumers must be guaranteed a high level of protection; whereas the Community should contribute thereto by specific action which supports and supplements the policy pursued by the Member States regarding precise, transparent and unambiguous information of consumers on the prices of products offered to them;

(Amendment 3)

Recital 5

>Original text>

(5) Whereas the obligation to indicate the selling price and the unit price contributes substantially to improving consumer information notably at the moment of purchasing, as this is the easiest way to enable consumers to evaluate and compare the price of products in an optimum manner and hence to make informed choices on the basis of simple comparisons;

>Text following EP vote>

(5) Whereas the obligation to indicate the selling price and the unit price contributes substantially to improving consumer information, as this is the easiest way to enable consumers to evaluate and compare the price of products in an optimum manner and hence to make informed choices on the basis of simple comparisons;

(Amendment 5)

Recital 7

>Original text>

(7) Whereas Member States may decide not to apply the abovementioned obligation to products supplied in the course of the provision of a service and for sales by auction and sales of works of art and antiques;

>Text following EP vote>

Deleted

(Amendment 6)

Recital 8

>Original text>

(8) Whereas it is necessary to take into account the fact that certain products are customarily sold in quantities different from one kilogramme, one litre, one metre, one square metre or cubic metre; whereas it is thus appropriate to allow Member States to authorize that the unit price refer to a decimal or submultiple of those quantities or to a different single unit of quantity, taking into account the nature of the product and the quantities in which it is customarily sold in the Member State concerned;

>Text following EP vote>

Deleted

(Amendment 7)

Recital 9

>Original text>

(9) Whereas the obligation to indicate the unit price may entail an excessive burden for certain small retail businesses under certain circumstances and whereas Member States should therefore be allowed to refrain from applying this obligation in such cases;

>Text following EP vote>

Deleted

(Amendment 8)

Recital 10

>Original text>

(10) Whereas Member States should also remain free to waive the obligation to indicate the unit price in the case of products for which such price indication would not be significant or would be liable to cause confusion, for instance when indication of the quantity is not relevant for price comparison purposes, or when different products are marketed in the same packaging;

>Text following EP vote>

(10) Whereas Member States should also remain free to waive the obligation to indicate the unit price in the case of products for which such price indication would not be meaningful or would be liable to cause confusion, for instance when indication of the quantity is not relevant for price comparison purposes, or when different products are marketed in the same packaging;

(Amendment 9)

Recital 12a (new)

>Text following EP vote>

(12a) Whereas, in the transitional period following introduction of the single currency, when prices have to be indicated in both the national and the single currency, a maximum of three prices will be given per product;

(Amendment 10)

Recital 13

>Original text>

(13) Whereas particular attention should be paid to small retail businesses; whereas, to this end, the Commission should, in its report on the application of this Directive to be presented no later than five years after publication thereof in the Official Journal of the European Communities, take particular account of the experience gleaned in the application of this Directive by small retail businesses, inter alia regarding trends and technological development in selling methods;

>Text following EP vote>

(13) Whereas particular attention should be paid to the adjustments which have to be made in small retail businesses, in particular taking into account technological developments and the planned timetable for introduction of the single currency; whereas, to this end, the Commission shall, one year before the final deadline for general application of the mechanism, present a report assessing the situation;

(Amendment 11)

Article 2(a)

>Original text>

(a) 'selling price' shall mean the price for a unit of the product or a given quantity of the product;

>Text following EP vote>

(a) 'selling price' shall mean the final price for a unit of the product, including VAT, all other taxes and the costs of all services which the consumer is obliged to pay for in addition;

(Amendment 12)

Article 2(b)

>Original text>

(b) 'unit price' shall mean the price for one kilogramme, one litre, one metre, one square metre or cubic metre of the product;

>Text following EP vote>

(b) 'unit price' shall mean the final price, including VAT, all other taxes and the costs of all services which the consumer is obliged to pay for in addition, for one kilogramme, one litre, one metre, one square metre or cubic metre of the product or a single unit of quantity which is widely and customarily used in the Member States in the marketing of specific products;

(Amendment 13)

Article 3(2), 2nd subparagraph (new)

>Text following EP vote>

Member States may decide not to apply the obligation to indicate the unit price to:

>Text following EP vote>

- sales of products in vending machines;

- itinerant traders and personal in-home sales;

- foodstuffs sold in catering establishments, cinemas and theatres, educational establishments, recreational establishments, staff shops at the workplace, hospitals, canteens and similar institutions.

(Amendment 14)

Article 4(2)

>Original text>

2. The selling price and the unit price shall relate to the final price of the product under the conditions laid down by the Member States.

>Text following EP vote>

Deleted

(Amendment 24)

Article 5

>Original text>

Member States shall lay down detailed rules (e.g. marking or labelling) for indicating prices.

>Text following EP vote>

The selling price and the unit price shall be indicated on the product offered for sale or on the shelf where the product is located, in such a manner as to be clearly legible for the consumer. In small retail businesses the prices may also be indicated on a price list displayed in a prominent place in the shop.

(Amendment 15)

Article 5a (new)

>Text following EP vote>

Article 5a

In the transitional period following introduction of the single currency, the following three prices may be indicated:

- selling price in the national currency;

- selling price in the single currency;

- unit price in the single currency.

(Amendment 16)

Article 5b (new)

>Text following EP vote>

Article 5b

If a temporary special offer or discount applies to one or more products, it shall be sufficient to indicate the three prices already provided for in this Directive. In such cases an indication of other prices, for information purposes, shall be optional.

(Amendment 17)

Article 6

>Original text>

Article 6

Member States may stipulate that the unit price shall refer to a decimal multiple or submultiple of the quantities referred to in Article 2(b) or to a single unit of quantity which is different from those referred to in Article 2(b), taking into account the nature of the product and the quantities in which it is customarily sold in the Member States concerned.

>Text following EP vote>

Deleted

(Amendment 18)

Article 7(1)

>Original text>

1. Member States may waive the obligation to indicate the unit price of products for which such indication would not be significant because of the products' nature or purpose or would be liable to create confusion.

>Text following EP vote>

1. Member States may waive the obligation to indicate the unit price of products for which such indication is meaningless because of the products' nature or purpose or would be liable to create confusion.

(Amendment 19)

Article 7(2)

>Original text>

2. Member States may waive the obligation to indicate the unit price of products for which indication of length, mass, surface or volume is not required by national or Community provisions. This applies in particular to products sold by individual item or singly.

>Text following EP vote>

Deleted

(Amendment 20)

Article 8

>Original text>

Member States may provide that the obligation to indicate the unit price of products other than those sold in bulk, which are sold in certain small retail businesses, shall not apply, subject to Article 13, if the obligation to indicate the unit price would constitute an excessive burden for these businesses because of the number of products on sale, the sales area, the nature of the place of sale, specific conditions of sale where the product is not directly accessible for the consumer or certain forms of business, such as certain types of itinerant trade.

>Text following EP vote>

Member States may provide that the obligation to indicate the unit price of products other than those marketed in bulk which are sold by certain small retail businesses shall apply at the latest six years after publication of this Directive, if the obligation to indicate the unit price from the date provided for in Article 12(1) is likely to constitute an excessive burden for these businesses.

(Amendment 21)

Article 8a (new)

>Text following EP vote>

Article 8a

Member States shall provide appropriate measures to inform retailers of the national law transposing this Directive. In particular, Member States shall work with professional organizations to provide appropriate information to ensure that small retailers are adequately informed of the provisions of this Directive.

(Amendment 22)

Article 12(2a) (new)

>Text following EP vote>

2a. Member States shall communicate the provisions governing the penalties provided for in Article 9, and any later amendments thereto.