Prices & Packaging [EU]
Prices of products offered to consumers
It is compulsory to indicate the selling price and the unit price of all products offered by traders to consumers, in order to improve consumer information and to facilitate price comparisons. Prices must be unambiguous, easily identifiable and clearly legible.
Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Indication of Price
The selling price and the unit price must be indicated in an unambiguous, easily identifiable and clearly legible manner for all products offered by traders to consumers (“unambiguous” meaning the final price including VAT and all other taxes).
The unit price need not be indicated if it is identical to the selling price.
However, Member States may decide not to apply this rule:
- to products supplied in the course of the provision of a service;
- to sales by auction and sales of works of art and antiques.
For products sold in bulk, only the unit price must be indicated.
Publicity
Any advertising which mentions the selling price must also indicate the unit price.
Member States may:
- waive the obligation to indicate the unit price of products for which such indication would not be useful or would be liable to create confusion;
- in the case of non-food products, draw up a list of the products to which the obligation to indicate the unit price will remain applicable.
The Directive provides for a transitional period during which small retail businesses will not be subject to the obligation to indicate the unit price of products other than those sold in bulk.
The Member States must:
- take appropriate measures to inform all persons concerned about the transposition of this legislation;
- lay down, and provide information on, the system of penalties for infringements of the national provisions adopted in application of this Directive.
This Directive repeals Directives 79/581/EEC (foodstuff prices) and 88/314/EEC (non-food product prices) with effect from 18 March 2000
Amending Directive (EU) 2019/2161
introduces a new article in Directive 98/6/EC regarding information to consumers about price reductions. Any announcement of a price reduction must clearly indicate the price previously applied by the trader (prior price). The prior price means the lowest price applied by the trader during a period of time not shorter than 30 days prior to the application of the price reduction.
The amendment provides for regulatory options for Member States as regards goods that are liable to deteriorate or expire rapidly (in particular food), goods that have been on sale for less than 30 days and goods that are subject to continuous price reductions.
The existing requirement for Member States to introduce effective, proportionate and dissuasive penalties for breaches of national rules on price indications has been complemented with a list of criteria for the imposition of penalties.
Application
Directive 98/6/EC had to become law in the Member States by 18 March 2000.
Amending Directive (EU) 2019/2161 had to become law in the Member States by 28 November 2021. Member States must apply the rules of the directive from 28 May 2022.
MAIN DOCUMENTS
Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, pp. 27–31).
Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, pp. 7–28).
RELATED DOCUMENTS
Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, pp. 1–26).
Successive amendments to Regulation (EU) 2017/2394 have been incorporated into the original text. This consolidated version is of documentary value only.
Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee – A New Deal for Consumers (COM(2018) 183 final, 11.4.2018).
Deregulation of pack sizes
Regulations on pack sizes, at both Community and national levels, will be abolished to give greater flexibility to both the consumer and the consumer product industry. This includes foodstuffs but also all other types of packaged products such as detergents, wool, paints, etc
Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for pre-packed products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC.
Regulations prescribing mandatory nominal quantities for prepackaged products are banned. However, countries in which mandatory nominal quantities are prescribed for milk, butter, dried pasta and coffee may maintain their restrictive rules until 11 October 2012. The rules relating to white sugar may be maintained until 11 October 2013.
For wines and spirits, the Directive contains the range of nominal quantities of contents of prepackages. These also apply to individual prepackages making up multiple prepackages.
In the case of aerosol dispensers, the Directive states that they must indicate the nominal total capacity of the container in a manner which does not create confusion with the nominal volume of the contents.
The Directive repeals:
- the Directive on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (Directive 75/106/EEC)
- the Directive on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products (Directive 80/232/EEC).
The repealing of these Directives will be effective from 11 April 2009, six months after the deadline for transposition of the present Directive into the legislation of the Member States.
Background
This Directive takes the opposite approach to that followed since 1970, following developments in Court of Justice case law and the creation of consumer protection instruments such as labelling and consumer information. At that time, consumer protection was not so advanced; for example, there was no obligation to indicate the unit pricing of all products for sale, and no ban on misleading advertising.
The liberalisation of pack sizes encourages free movement in the internal market by removing potential barriers to competitiveness and stimulating innovation and access to markets. Also, maintaining certain fixed sizes allows SMEs in particular to adapt, and thus also reduce the costs to the consumer.
Under this new legislation, consumers will be given the freedom to choose between different pack sizes. The industry will be better able to adapt to consumer demand. Some sections of the population, such as people with diabetes, will be able to find food in pack sizes which meet their needs.
References
| Act | Entry into force – Date of expiry | Deadline for transposition in the Member States | Official Journal |
| Directive 2007/45/EC | 11.10.2007 | 11.10.2008 | OJ L 247 of 21.9.2007 |
RELATED ACTS
The European Commission held a public consultation between January and March 2005 on packaging, to find out how the contents should be indicated and controlled. The results of this are available on the website of the Directorate-General for Enterprise and Industry.
Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products [Official Journal L 46 of 21.2.1976].
Prepacked products
Prepackages (or packages prepared in advance) and their contents must indicate in the labelling the weight or volume they contain using a harmonised format, taking account of specific metrological conditions. If the prepacked product is certified as complying with the relevant regulations, its labelling may also bear the EC sign.
Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products [See amending acts].
f prepackages and prepacked products must contain various information relevant to the consumer, such as how the producer or the packager indicates the weight or the volume contained (taking into account the maximum permitted measurement errors).
Prepacked products are sold individually at a constant weight or volume chosen in advance by the filler. The weight or volume must be at least 5 grams or 5 millilitres for the smallest packages and no more than 10 kilograms or 10 litres for the largest packages.
Scope
The Directive applies to all types of prepacked consumer products except certain prepacked liquids, which are regulated by Directive 75/106/EEC. Following the deregulation of packaging sizes, this exception will no longer apply as from 11 April 2009.
Use of the EC sign
Prepacked products may bear the EC sign if they comply with the requirements set out in the Directive with regard to quality and metrological control (Annex I, section 5 and Annex II).
Indication of weight or volume
For the prepackage to be able to bear the EC sign, the labelling must indicate the volume in the case of liquid products and the weight in the case of other products.
The label of the prepacked product must also bear the weight and volume indications used in trade practice or comply with the national regulations of the destination country if such indications vary in the Member States.
The Member States may neither prohibit nor restrict the placing on the market of packaging with the EC sign if the packaging complies with the Directive’s requirements with regard to the indication of the volume or mass and the metrological methods used.
| Key terms used in the act |
| ·        Prepackage: a prepackage is the combination of a product and the individual package in which it is prepacked.
·        Prepacked product: a product is prepacked when it is placed in a package of whatever nature without the purchaser being present and the quantity of product contained in the package has a predetermined value and cannot be altered without the package either being opened or undergoing a perceptible modification. |
References
| Act | Entry into force – Date of expiry | Deadline for transposition in the Member States | Official Journal |
| Directive 76/211/EEC | 23.1.1976 | 22.7.1977 | OJ L 46 of 21.2.1976 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Directive 78/891/EEC | 29.9.1978 | 1.1.1980 | OJ L 311 of 4.11.1978 |
| Directive 2007/45/EC | 11.10.2007 | 11.10.2008 | OJ L 247 of 21.9.2007 |
RELATED ACTS
Commission Directive 78/891/EEC of 28 September 1978 adapting to technical progress the Annexes to Council Directives 75/106/EEC and 76/211/EEC on prepackaging [Official Journal L 311 of 4.11.1978].
Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organismsand the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC [Official Journal L 268 of 18.10.2003].
Commission Regulation (EC) No 48/2003 of 10 January 2003 laying down the rules applicable to mixes of different types of fresh fruit and vegetables in the same sales package [Official Journal L 7 of 11.1.2003].
Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling and presentation of foodand advertising [Official Journal L 109 of 6.5.2000].