Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Former Responsible Committee | ENVI | OOMEN-RUIJTEN Ria ( PPE) | |
Former Responsible Committee | ENVI | OOMEN-RUIJTEN Ria ( PPE) | |
Former Committee Opinion | AGRI | BÉBÉAR Jean-Pierre ( PPE) |
Lead committee dossier:
Legal Basis:
EC before Amsterdam E 129A-p2
Legal Basis:
EC before Amsterdam E 129A-p2Events
The purpose of this Communication is to examine how Member States have implemented Directive 1998/6/EC on consumer protection in the indication of prices of products offered to consumers. It is limited to this question on which public consultation is sought. All the Member States have adopted national legislative measures transposing the Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers. The Commission here reports on the application of this Directive, as provided by its article 12.
At this stage, however, the Commission does not consider appropriate to put forward any proposal under article 12 of the Directive. In fact it has no evidence that the current divergences between national laws on price indications raise significant internal market barriers, which would justify a regulatory intervention. This issue will be decided in the light of the consultation. According to the Directive, a proposal in the field of price indications should take into account, in particular, the experience gained in the application of the Directive by small retail business, regarding technological developments and the introduction of the single currency. The Commission has carried out a study, which took place prior to enlargement and limited to the 15 old Member States, aimed to assess the actual impact of the provisions of article 6 and their implementation on small retail businesses, the functioning of the internal market and the overall level of consumer protection.
The Directive did not give rise to any major transposition problems in any of the Member States. It has been implemented by all Member States, though in some cases after the date set by article 11(1) - that is 18 March 2000. The study carried out by the Commission shows a wide agreement that the Directive has contributed to increase the protection of consumer economic interests, although the actual extent of its impact remains unclear. The Directive allows Member States a remarkable level of discretion when drafting their transposition measures. Several articles introduce open regulatory options for national legislators: as a result, national laws implementing the Directive are for some aspects significantly diverging. This is not always the case, however: for some provisions, the vast majority of Member States have adopted the same normative solutions at national level.
As a result of this discretion, Member States have not relied extensively on the minimum harmonisation clause in article 10, whereby they can adopt or maintain provisions which are more favourable as regards consumer information and comparison of prices than those contained in the Directive. In the light of a possible revision of the Directive, the Commission intends therefore to consider whether there is a need to maintain the minimum harmonization clause in article 10.
As far as the possibility to waive the obligation to indicate the unit price of products for which this indication would not be useful because of their nature or purpose, the transposition checks reveal a very fragmented scenario: while some categories of products are exempted in most Member States, there are a number of quite specific exceptions, which are not always readily justifiable under the wording of article 5(1). This creates an unwelcome inequality in the level of consumer protection across Europe, which may require further guidance as to what products or categories of products may be subjected and/or exempted from the obligation to indicate the unit price.
The Commission intends to hear the view of the interested parties on the application of article 6, with particular reference to its impact on the commercial activity of small retail businesses. The Commission welcomes particularly any submission on the continuing need for the temporary derogation provided in the Directive and/or the opportunity to introduce a European definition of small retailers in the legislation.
The annex lists some of the questions that need to be addressed in the general review process. On the basis of the outcome of the consultation process, in the light of the result of the ongoing process of review of the consumer acquis, the Commission will consider the need of further legislative initiatives in the field of price indications.
All interested parties are invited to submit replies to the European Commission by 1 September 2006.
The rapporteur firstly explained why the proposal on price indication had taken such a long time to arrive at a clear system of price comparison which was in consumers’ interests. Mrs Oomen-Ruijten then cited the main exemptions which Member States were free to apply to the system; the amendments tabled included, in particular, goods sold in vending machines and by itinerant traders and also food sold in hotels, restaurants, canteens, theatres, cinemas and so on. As regards the protection afforded to small retailers, the rapporteur pointed out the transitional provision which deferred, just for them, the application of the new price display regime. In addition, at small points of sale, the price could also be indicated in a price list visibly displayed in the premises. Finally, the speaker stated that, during the transitional period following the introduction of the single currency, the regime in question would be further amended to allow the selling price and unit price to also be expressed in the single currency. Commissioner Flynn stated that the Commission was prepared to accept most of the amendments. However, it could not accept Nos 9, 15 and 16 on the system of dual pricing in national currencies and euros, after the latter’s launch, as it seemed too early to lay down such detailed rules on the measures accompanying the single currency which would be the subject of a global presentation at the due time. Likewise, the Commission could not accept Amendments Nos 23 and 24, because they laid down detailed rules on price indication and encroached on the competence of Member States. or Amendment No 25 which contradicted another amendment (No 6) which had been accepted. Finally, Mr Flynn stated that the Commission agreed with the interpretation that the exemptions included in Amendment No 13 could be extended to antique dealers.
Documents
- Follow-up document: EUR-Lex
- Follow-up document: COM(2006)0325
- Final act published in Official Journal: Directive 1998/6
- Final act published in Official Journal: OJ L 080 18.03.1998, p. 0027
- Text adopted by Parliament, 3rd reading: OJ C 014 19.01.1998, p. 0018-0026
- Text adopted by Parliament, 3rd reading: T4-0602/1997
- Decision by Parliament, 3rd reading: T4-0602/1997
- Debate in Parliament: Debate in Parliament
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0414/1997
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: OJ C 014 19.01.1998, p. 0006
- Report tabled for plenary, 3rd reading: A4-0414/1997
- Joint text approved by Conciliation Committee co-chairs: 3631/1997
- Joint text approved by Conciliation Committee co-chairs: 3631/1997
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex
- Commission opinion on Parliament's position at 2nd reading: COM(1997)0136
- Text adopted by Parliament, 2nd reading: OJ C 085 17.03.1997, p. 0019-0026
- Text adopted by Parliament, 2nd reading: T4-0036/1997
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T4-0036/1997
- Committee recommendation tabled for plenary, 2nd reading: A4-0015/1997
- Committee recommendation tabled for plenary, 2nd reading: OJ C 055 24.02.1997, p. 0004
- Committee recommendation tabled for plenary, 2nd reading: A4-0015/1997
- Commission communication on Council's position: EUR-Lex
- Commission communication on Council's position: SEC(1996)1179
- Council position: 08252/1/1996
- Council position: OJ C 333 07.11.1996, p. 0007
- Council position published: 08252/1/1996
- Modified legislative proposal: EUR-Lex
- Modified legislative proposal: OJ C 249 27.08.1996, p. 0002
- Modified legislative proposal: COM(1996)0264
- Modified legislative proposal published: EUR-Lex
- Modified legislative proposal published: COM(1996)0264
- Text adopted by Parliament, 1st reading/single reading: OJ C 141 13.05.1996, p. 0167-0191
- Text adopted by Parliament, 1st reading/single reading: T4-0190/1996
- Decision by Parliament, 1st reading: T4-0190/1996
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A4-0109/1996
- Committee report tabled for plenary, 1st reading/single reading: OJ C 141 13.05.1996, p. 0015
- Committee report tabled for plenary, 1st reading: A4-0109/1996
- Economic and Social Committee: opinion, report: CES1454/1995
- Economic and Social Committee: opinion, report: OJ C 082 19.03.1996, p. 0032
- Legislative proposal: EUR-Lex
- Legislative proposal: OJ C 260 05.10.1995, p. 0005
- Legislative proposal: COM(1995)0276
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(1995)0276
- Legislative proposal: EUR-Lex OJ C 260 05.10.1995, p. 0005 COM(1995)0276
- Economic and Social Committee: opinion, report: CES1454/1995 OJ C 082 19.03.1996, p. 0032
- Committee report tabled for plenary, 1st reading/single reading: A4-0109/1996 OJ C 141 13.05.1996, p. 0015
- Text adopted by Parliament, 1st reading/single reading: OJ C 141 13.05.1996, p. 0167-0191 T4-0190/1996
- Modified legislative proposal: EUR-Lex OJ C 249 27.08.1996, p. 0002 COM(1996)0264
- Council position: 08252/1/1996 OJ C 333 07.11.1996, p. 0007
- Commission communication on Council's position: EUR-Lex SEC(1996)1179
- Committee recommendation tabled for plenary, 2nd reading: A4-0015/1997 OJ C 055 24.02.1997, p. 0004
- Text adopted by Parliament, 2nd reading: OJ C 085 17.03.1997, p. 0019-0026 T4-0036/1997
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex COM(1997)0136
- Joint text approved by Conciliation Committee co-chairs: 3631/1997
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0414/1997 OJ C 014 19.01.1998, p. 0006
- Text adopted by Parliament, 3rd reading: OJ C 014 19.01.1998, p. 0018-0026 T4-0602/1997
- Follow-up document: EUR-Lex COM(2006)0325
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