The common position of the Council on consumer protection in the indication of the prices of
products offered to consumers did not incorporate any of the amendments adopted by Parliament
and incorporated by the Commission in its amended proposal.
The Council departed from the amended proposal by inserting new provisions, notably with the
following aims:
- to clarify the scope of the Directive: the Council inserted explicit exemptions, stating that products
supplied in the course of the provision of a service, and sales of works of art and antiques, were
excluded from its scope. It also adopted more detailed definitions, particularly of the terms 'sale
price', 'products sold in bulk', 'trader' and 'consumer'. It stated clearly that advertising was included.
- to take into account the difficulties faced by certain businesses in applying the new provisions:
Member States which so wished were to remain free to exempt certain small businesses from the
requirement to indicate price per unit of measurement. Not more than 3 years after the expiry of the
deadline for transposition, the Commission was to submit a report and, if appropriate, a specific
proposal concerning small businesses.
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