19. 9. §4 Official Journal of the European Communities No L 250/17 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (84/450/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commis- sion ('), Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas the laws ‘against misleading advertising now in force in the Member States differ widely ; whereas, since advertising reaches beyond the frontiers of indi- vidual Member States, it has a direct effect on the establishment and the functioning of the common market ; Whereas misleading advertising can lead to distortion of competition within the common market; Whereas advertising, whether or not it induces a contract, affects the economic welfare of consumers ; Whereas misleading advertising may cause a consumer to take decisions prejudicial to him when acquiring () OJ No C 70, 21. 3. 1978, p. 4. () O] No C 140, 5. 6. 1979, p. 23. () O] No C 171, 9. 7. 1979, p. 43. goods or other property, or using services, and the differences between the laws of the Member States not only lead, in many cases, to inadequate levels of consumer protection, but also hinder the execution of advertising campaigns beyond national boundaries and thus affect the free circulation of goods and provision of services; Whereas the second programme of the European Economic Community for a consumer protection and information policy (*) provides for appropriate action for the protection of consumers. against misleading and unfair advertising ; Whereas it is in the interest of the public in general, as well as that of consumers and all those who, in competition with one another, carry on a trade, busi- ness, craft or profession, in the common market, to harmonize in the first instance national provisions against misleading advertising and that, at a second stage, unfair advertising and, as far as necessary, comparative advertising should be dealt with, on the basis of appropriate Commission proposals ; "Whereas minimum and objective criteria for deter- mining whether advertising is misleading should be established for this purpose ; Whereas the laws to be adopted by Member States against misleading advertising must be adequate and effective ; () OJ No C 133, 3. 6. 1981, p. 1.