Recommendation 2003/217 - Application to other media of the provisions of Directive 1999/94/EC concerning promotional literature (notified under document number C(2003) 848) - Main contents

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Commission Recommendation of 26 March 2003 on the application to other media of the provisions of Directive 1999/94/EC concerning promotional literature (Text with EEA relevance) (notified under document number C(2003) 848)

Official Journal L 082 , 29/03/2003 P. 0033 - 0034

Commission Recommendation

of 26 March 2003

on the application to other media of the provisions of Directive 1999/94/EC concerning promotional literature

(notified under document number C(2003) 848)

(Text with EEA relevance)

(2003/217/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars(1) and, in particular, Article 9 thereof,

Whereas:

• (1) 

  Under Directive 1999/94/EC, the Commission is requested to take measures aimed at establishing recommendations in order to enable the application of its provisions on promotional literature to other media and material.

• (2) 

  The Commission has assessed the importance of other media for the marketing, advertising and promotion of vehicles to the general public. Such media included television, radio and the internet, as well as electronic storage media such as video tapes, DVDs and CD-ROMs.

• (3) 

  As a result of that research, and after consultation with the appropriate Committee, with experts from the industrial and commercial sectors concerned, and with other non-governmental organisations, the Commission identified the need to establish recommendations in respect of the use, for the marketing, advertising and promotion of vehicles to the general public, of internet marketing and electronic storage media such as video tapes, DVDs and CD-ROMs.

• (4) 

  A recommendation for those media should be adopted as soon as possible in order to enable consumers to make an informed choice and to encourage the harmonised application of certain principles throughout the Community.

• (5) 

  This Recommendation is also justified in the light of the amendments to Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerned practices in the motor vehicle sector(2), which will probably result in an increase in the electronic marketing of new passenger cars.

• (6) 

  Consumer organisations and interested parties have been consulted.

• (7) 

  The measures provided for in this Recommendation are in accordance with the opinion of the Committee established under Article 10 of Directive 1999/94/EC,

HEREBY RECOMMENDS:

• 1. 

  In order to ensure that information on the fuel consumption and CO2 emissions of new passenger cars is made available when such cars are offered for sale or lease in the Community by electronic means, Member States should take the necessary measures to ensure that promotional material distributed by electronic means contain the following information: "Further information on specific fuel consumption and CO2 emissions of new passenger cars is given in (... reference to name of the guide ...) which can be obtained free of charge at all points of sale and (... reference to national designated body; or direct link to the organisation charged with the distribution by electronic means ...)."

In addition, if this promotional material contains reference to any particular new passenger car model, or version or variant, Member States should take the necessary measures to ensure that the information includes at least the official specific fuel consumption (combined test cycle) and official specific CO2 emission figure (combined test cycle) of the vehicle to which it refers, expressed in...

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