No L 185/16 Official Journal of the European Communities 17.7.90 II (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users ' (90/377/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic  Community, and in particular Article 213 thereof, Having regard to the Commission’s proposal (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and-Social Committee (3), ‘Whereas energy price transparency, to the extent that it reinforces the conditions ensuring that competition is not distorted in the common market, is essential to the achievement and smooth functioning of the internal energy market; Whereas transparency can help to obviate discrimination - against users by increasing their freedom to choose between different energy sources and different suppliers; Whereas, at present, the degree of transparency varies from one energy source and one Community country or region to another, thus calling into question the achievement of an internal energy market; Whereas, however, the: price paid by industry in -the Community for the energy which it uses is one of the factors which influence its competitiveness. and should therefore remain confidential; (1) OJ No C 257, 10. 10. 1989, p. 7. (2) O] No C 149, 18. 6. 1990. (3) OJ No C 75, 26. 3. 1990, p. 18. - Whereas the system of standard consumers used by the Statistical Office of the European Communities (SOEC) in its price publications and the system of market prices due to be introduced for major industrial electricity users will ensure that transparency is not an obstacle to confidentiality; Whereas it is necessary to extend the consumer categories used by the SOEC up to the limits at which the eonsumers remain representative; Whereas in this way end-users price transparency would be achieved without endangering the necessary confidentiality of contracts; whereas in order to respect confidentiality there must be at least three consumers in a given consumption category for a price to be published; Whereas this information which concerns gas and electricity consumed by industry for energy end-users, will also enable comparisons to be drawn with other energy sources (oil, coal, fossil and renewable energy sources) . and . other consumers; - Whereas undertakings which supply gas and electricity as well as industrial gas and electricity -consumers remain, independently of the application of this Directive, subject to the Treaty’s competition rules and whereas consequently the- Commission - can require communication of prices and conditions of sale; Whereas knowledge of the price systems in force forms part of price transparency;