21. 4. 93 Official Journal of the European Communities No L 95/29 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European * Economic Community, and in particular Article 100 A thereof, Having regard to the proposal from the Commission (), In coopétation with the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas it is necessary to adopt measures with the aim of progressively establishing the internal market before 31 December 1992; whereas the internal market comprises an area without internal frontiers in which goods, persons, services and capital move freely ; Whereas the laws of Member States relating to the terms of contract between the seller of goods or supplier of services, on the onie hand, and the consumer of them, on the other hand, show many disparities, with the result that the national markets for the sale of goods and services to consumers differ from each other and that distortions of competition may arise amongst the sellers and suppliers, notably when they sell and supply in other Member States ; : Whereas, in particular, the laws of Member States relating to unfair terms in consumer contracts show marked diver- gences ; () OJ No C 73, 24. 3. 1992, p. 7. () OJ No C 326, 16. 12. 1991, p. 108 and OJ No C 21, 25. 1. 1993, () OJ No C 159, 17. 6. 1991, p. 34. Whereas it is the responsibility of the Member States to ensure that contracts concluded with consumers do not contain unfair terms; Whereas, generally speaking, consumers do not know the rules of law which, in Member States other than their own, govern contracts for the sale of goods or services; whereas this lack of awareness may deter them from direct transactions for the purchase of goods or services in another Member State ; Whereas, in order to facilitate the establishment of the internal market and to safeguard the citizen in his role as consumer when acquiring goods and services under contracts which are governed by the laws of Member States other than his own, it is essential to remove unfair terms from those contracts ; ’ . Whereas sellers of goods and suppliers of services will thereby be helped in their task of selling goods and supplying services, both at home and throughout the internal market ; whereas competition will thus be stimu- lated, so contributing to increased choice for Community citizens as consumers ; Whereas the two Community . programmes for a consumer protection and information policy (*) under- lined the importance of safeguarding consumers in the matter of unfair terms of contract; whereas this protec- tion ought to be provided by laws and regulations which are either harmonized at Community level or adopted directly at that level ; ) OJ No C 92, 25. 4. 1975, p. 1 and OJ No C 133, 3. 6. 1981, p. 1.