L 149/22 Official Journal of the European Union 11.6.2005 DIRECTIVE 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and advertising, Council Directive 84/450/EEC of 10 Septem- ber 1984 concerning misleading and comparative adver- tising (*) establishes minimum criteria for harmonising legislation on misleading advertising, but does not prevent the Member States from retaining or adopting measures which provide more extensive protection for consumers. As aresult, Member States’ provisions on misleading adver- tising diverge significantly. L : . (4)  These disparities cause uncertainty as to which national Social Committee ('), rules apply to unfair commercial practices harming con- sumers’ economic interests and create many barriers affect- ing business and consumers. These barriers increase the .. . . . . cost to business of exercising internal market freedoms, in Acting in accordance with the procedure laid down in Article 251 . ; 8 ) particular when businesses wish to engage in cross border of the Treaty (?), . - . . marketing, advertising campaigns and sales promotions. Such barriers also make consumers uncertain of their rights and undermine their confidence in the internal Whereas: market. (1)  Article 153(1) and (3)(a) of the Treaty provides that the Community is to contribute to the attainment of a high level of consumer protection by the measures it adopts . . b y p (5)  In the absence of uniform rules at Community level, pursuant to Article 95 thereof. obstacles to the free movement of services and goods across borders or the freedom of establishment could be justified in the light of the case-law of the Court of Justice of the European Communities as long as they seek to pro- ) In accordance with Article 14(2) of the Treaty, the internal ; i e market comprises an area without internal frontiers in t.ect recognised pubhc 1pterest OI?JCCUVCS and are prOPOF' which the free movement of goods and services and free- tionate to those ob]e.ctlves. In view of the Community’s dom of establishment are ensured. The development of fair objectives, as set out mn the provisions of the Treaty and in commercial practices within the area without internal fron- secondary Community laW relating to fr.eefior’n of move- tiers is vital for the promotion of the development of cross- ment, anq n accordar}ce Wlth the. C(.)mmlsgon s policy on border activities. commercial communications as indicated in the Commu- nication from the Commission entitled ‘The follow-up to the Green Paper on Commercial Communications in the Internal Market’, such obstacles should be eliminated. (3)  The laws of the Member States relating to unfair commer- These obstacles can only be eliminated by establishing uni- cial practices show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market. In the field of (1) O] C 108, 30.4.2004, p. 81. (?) Opinion of the European Parliament of 20 April 2004 (O] C 104 E, form rules at Community level which establish a high level of consumer protection and by clarifying certain legal con- cepts at Community level to the extent necessary for the proper functioning of the internal market and to meet the requirement of legal certainty. 30.4.2004, p. 260), Council Common Position of 15 November 2004 (O] C 38 E, 15.2.2005, p. 1), Position of the European Parliament of 24 February 2005 (not yet published in the Official Journal) and Coun- cil Decision of 12 April 2005. () OJ L 250, 19.9.1984, p. 17. Directive as amended by Directive 97/55/EC of the European Parliament and of the Council (O] L 290, 23.10.1997, p. 18).