92002E3731

WRITTEN QUESTION P-3731/02

by Marianne Thyssen (PPE-DE) to the Commission

(12 December 2002)

Subject: Report on the implementation of Directive 98/6/EC of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (price indication per unit)

Directive 98/6/EC(1) made it compulsory to indicate the selling price and the unit price of products offered to consumers. The directive should have been implemented by 18 March 2000 at the latest. Pursuant to Article 6 of the Directive, however, a number of Member States made use of the transitional period of up to 3 years during which firms were not required to indicate the price per unit for products other than those sold in bulk.

Under Article 12 the Commission is required to submit a report by 18 March 2003 on the implementation of the directive, particularly on the application of Article 6, together with a proposal.

By making it compulsory to display the unit price the European legislator sought to enable the consumer to make a quick and simple comparison of prices for each product. However, this requirement involves an excessive administrative effort for small retail stores, at any rate for those with sales areas under 400 m2, and will have a proportionately much more serious effect on them than on larger retailers.

It is also not of much real advantage to the consumer, for two reasons. Firstly, the opportunities for comparison in small retail shops are very limited in view of the narrow range of goods which a small shop necessarily has on offer. Secondly, the most important factor for the consumer in deciding to patronise this kind of shop is their proximity, rather than the price of the products sold.

When does the Commission propose to submit its evaluation report to the European Parliament?

Does the Commission consider that small retail stores should in future be completely exempted from the obligation to show the unit price? Does not the Commission think that the imposition of this kind of requirement on the whole of the retail trade would be incompatible with earlier commitments to stimulate business in the EU and reduce administrative burdens?

(1) OJ L 80, 18.3.1998, p. 27.

Answer given by Mr Byrne on behalf of the Commission

(9 January 2003)

The Commission understands the Honourable Member's view that it would not be wise to charge small retail stores with unnecessary costs, although the price indication is an important element for consumer protection.

The Commission is currently gathering information in order to prepare the report under article 12 of the Directive 98/6/EC. In this context, the report will indeed examine the issue as to whether the obligation to indicate the unit price constitutes a serious burden for certain small retail businesses. It is not possible, at this stage, to anticipate the conclusions of the report, which, once finalised, will be submitted to the Parliament and the Council.