# C_2012160EN.01001301.xml

| 6.6.2012 | EN | Official Journal of the European Union | C 160/13 |
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6.6.2012

EN

Official Journal of the European Union

C 160/13

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Information provided by the Commission in accordance with Article 11 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of standards and technical regulations and rules on information society services (1)

1

Statistics on technical regulations notified in 2011 under the Directive 98/34/EC notification procedure

2012/C 160/05

I.   Table showing the different types of reactions addressed to Member States of the European Union regarding their respective notified drafts

| Member States | Number of notifications | Observations (2) | Detailed opinions (3) | Proposals for Community legislation |
| --- | --- | --- | --- | --- |
| MS | COM | EFTA (4) TR (5) | MS | COM | 9.3 (6) | 9.4 (7) |
| Belgium | 19 | 3 | 9 | 0 | 0 | 0 | 0 | 1 |
| Bulgaria | 11 | 4 | 3 | 0 | 1 | 2 | 0 | 0 |
| Czech Republic | 22 | 4 | 6 | 0 | 1 | 5 | 0 | 0 |
| Denmark | 38 | 5 | 3 | 0 | 5 | 3 | 0 | 0 |
| Germany | 62 | 17 | 13 | 0 | 5 | 3 | 1 | 0 |
| Estonia | 9 | 3 | 5 | 0 | 0 | 0 | 0 | 0 |
| Ireland | 10 | 0 | 4 | 0 | 0 | 0 | 0 | 0 |
| Greece | 13 | 5 | 8 | 0 | 2 | 5 | 0 | 0 |
| Spain | 39 | 16 | 7 | 0 | 4 | 3 | 0 | 0 |
| France | 63 | 32 | 14 | 0 | 5 | 10 | 0 | 0 |
| Italy | 29 | 10 | 8 | 0 | 2 | 3 | 0 | 0 |
| Cyprus | 1 | 2 | 0 | 0 | 0 | 1 | 0 | 0 |
| Latvia | 6 | 1 | 4 | 0 | 0 | 2 | 0 | 0 |
| Lithuania | 5 | 1 | 2 | 0 | 0 | 0 | 0 | 0 |
| Luxembourg | 4 | 4 | 0 | 0 | 0 | 0 | 0 | 0 |
| Hungary | 28 | 6 | 8 | 0 | 6 | 4 | 0 | 0 |
| Malta | 5 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
| Netherlands | 41 | 5 | 8 | 0 | 0 | 1 | 0 | 0 |
| Austria | 65 | 3 | 8 | 0 | 4 | 0 | 0 | 0 |
| Poland | 27 | 4 | 2 | 0 | 0 | 1 | 0 | 0 |
| Portugal | 5 | 0 | 1 | 0 | 2 | 0 | 0 | 0 |
| Romania | 22 | 2 | 2 | 0 | 0 | 0 | 0 | 0 |
| Slovenia | 10 | 3 | 2 | 0 | 1 | 2 | 0 | 0 |
| Slovakia | 35 | 3 | 4 | 0 | 2 | 3 | 0 | 0 |
| Finland | 23 | 6 | 9 | 0 | 5 | 6 | 0 | 0 |
| Sweden | 30 | 5 | 6 | 0 | 1 | 2 | 0 | 0 |
| United Kingdom | 53 | 10 | 10 | 0 | 4 | 3 | 1 | 0 |
| EU total | 675 | 154 | 147 | 0 | 50 | 59 | 2 | 1 |

Member States

Number of notifications

Observations (2)

2

Detailed opinions (3)

3

Proposals for Community legislation

MS

COM

EFTA (4) TR (5)

4

5

MS

COM

9.3 (6)

6

9.4 (7)

7

Belgium

19

3

9

0

0

0

0

1

Bulgaria

11

4

3

0

1

2

0

0

Czech Republic

22

4

6

0

1

5

0

0

Denmark

38

5

3

0

5

3

0

0

Germany

62

17

13

0

5

3

1

0

Estonia

9

3

5

0

0

0

0

0

Ireland

10

0

4

0

0

0

0

0

Greece

13

5

8

0

2

5

0

0

Spain

39

16

7

0

4

3

0

0

France

63

32

14

0

5

10

0

0

Italy

29

10

8

0

2

3

0

0

Cyprus

1

2

0

0

0

1

0

0

Latvia

6

1

4

0

0

2

0

0

Lithuania

5

1

2

0

0

0

0

0

Luxembourg

4

4

0

0

0

0

0

0

Hungary

28

6

8

0

6

4

0

0

Malta

5

0

1

0

0

0

0

0

Netherlands

41

5

8

0

0

1

0

0

Austria

65

3

8

0

4

0

0

0

Poland

27

4

2

0

0

1

0

0

Portugal

5

0

1

0

2

0

0

0

Romania

22

2

2

0

0

0

0

0

Slovenia

10

3

2

0

1

2

0

0

Slovakia

35

3

4

0

2

3

0

0

Finland

23

6

9

0

5

6

0

0

Sweden

30

5

6

0

1

2

0

0

United Kingdom

53

10

10

0

4

3

1

0

EU total

675

154

147

0

50

59

2

1

II.   Table showing the breakdown by sector of drafts notified by Member States of the European Union

| Sector | BE | BG | CZ | CY | DK | DE | EE | IE | GR | ES | FR | IT | LV | LT | LU | HU | MT | NL | AT | PL | PT | RO | SI | SK | FI | SE | UK | Total |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Building and construction | 3 | 3 | 5 | 0 | 1 | 25 | 1 | 2 | 1 | 4 | 14 | 2 | 0 | 3 | 0 | 2 | 0 | 8 | 39 | 3 | 0 | 14 | 3 | 13 | 3 | 6 | 11 | 166 |
| Agriculture, fisheries and food | 6 | 1 | 2 | 1 | 10 | 3 | 3 | 1 | 6 | 4 | 16 | 9 | 3 | 1 | 0 | 8 | 0 | 11 | 2 | 1 | 2 | 0 | 3 | 7 | 7 | 0 | 6 | 113 |
| Chemical products | 1 | 1 | 1 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 6 | 1 | 1 | 0 | 0 | 0 | 1 | 0 | 3 | 0 | 0 | 1 | 0 | 0 | 4 | 5 | 0 | 28 |
| Pharmaceutical products | 0 | 0 | 0 | 0 | 1 | 2 | 0 | 0 | 0 | 1 | 2 | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 1 | 2 | 0 | 0 | 0 | 0 | 0 | 1 | 2 | 15 |
| Domestic and leisure equipment | 0 | 1 | 1 | 0 | 6 | 0 | 1 | 0 | 2 | 8 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 0 | 2 | 3 | 32 |
| Mechanical | 2 | 2 | 6 | 0 | 0 | 1 | 0 | 1 | 1 | 1 | 4 | 2 | 0 | 1 | 0 | 0 | 1 | 2 | 5 | 5 | 0 | 0 | 0 | 0 | 2 | 5 | 0 | 41 |
| Energy, minerals, wood | 1 | 0 | 3 | 0 | 2 | 0 | 0 | 1 | 1 | 2 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 4 | 2 | 5 | 1 | 0 | 0 | 7 | 0 | 1 | 2 | 33 |
| Environment, packaging | 2 | 0 | 2 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 4 | 5 | 2 | 0 | 0 | 6 | 2 | 4 | 0 | 2 | 0 | 0 | 1 | 0 | 0 | 2 | 4 | 42 |
| Health, medical equipment | 0 | 1 | 1 | 0 | 0 | 4 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 9 |
| Transport | 2 | 1 | 0 | 0 | 6 | 3 | 1 | 0 | 1 | 3 | 3 | 1 | 0 | 0 | 0 | 1 | 0 | 10 | 5 | 1 | 0 | 4 | 3 | 0 | 2 | 7 | 12 | 66 |
| Telecommunications | 0 | 0 | 0 | 0 | 0 | 12 | 1 | 2 | 1 | 13 | 3 | 0 | 0 | 0 | 4 | 0 | 0 | 1 | 1 | 1 | 0 | 3 | 0 | 6 | 1 | 0 | 9 | 58 |
| Miscellaneous products | 0 | 1 | 1 | 0 | 2 | 0 | 2 | 1 | 0 | 1 | 7 | 2 | 0 | 0 | 0 | 6 | 0 | 0 | 4 | 1 | 2 | 0 | 0 | 2 | 4 | 1 | 3 | 40 |
| Information society services | 2 | 0 | 0 | 0 | 6 | 8 | 0 | 0 | 0 | 1 | 2 | 6 | 0 | 0 | 0 | 2 | 0 | 1 | 0 | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 32 |
| Total per Member State | 19 | 11 | 22 | 1 | 38 | 62 | 9 | 10 | 13 | 39 | 63 | 29 | 6 | 5 | 4 | 28 | 5 | 41 | 65 | 27 | 5 | 22 | 10 | 35 | 23 | 30 | 53 | 675 |

Sector

BE

BG

CZ

CY

DK

DE

EE

IE

GR

ES

FR

IT

LV

LT

LU

HU

MT

NL

AT

PL

PT

RO

SI

SK

FI

SE

UK

Total

Total

Building and construction

3

3

5

0

1

25

1

2

1

4

14

2

0

3

0

2

0

8

39

3

0

14

3

13

3

6

11

166

166

Agriculture, fisheries and food

6

1

2

1

10

3

3

1

6

4

16

9

3

1

0

8

0

11

2

1

2

0

3

7

7

0

6

113

113

Chemical products

1

1

1

0

1

1

0

1

0

0

6

1

1

0

0

0

1

0

3

0

0

1

0

0

4

5

0

28

28

Pharmaceutical products

0

0

0

0

1

2

0

0

0

1

2

0

0

0

0

2

1

0

1

2

0

0

0

0

0

1

2

15

15

Domestic and leisure equipment

0

1

1

0

6

0

1

0

2

8

1

1

0

0

0

0

0

0

3

3

0

0

0

0

0

2

3

32

32

Mechanical

2

2

6

0

0

1

0

1

1

1

4

2

0

1

0

0

1

2

5

5

0

0

0

0

2

5

0

41

41

Energy, minerals, wood

1

0

3

0

2

0

0

1

1

2

1

0

0

0

0

0

0

4

2

5

1

0

0

7

0

1

2

33

33

Environment, packaging

2

0

2

0

3

3

0

0

0

0

4

5

2

0

0

6

2

4

0

2

0

0

1

0

0

2

4

42

42

Health, medical equipment

0

1

1

0

0

4

0

1

0

1

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

9

9

Transport

2

1

0

0

6

3

1

0

1

3

3

1

0

0

0

1

0

10

5

1

0

4

3

0

2

7

12

66

66

Telecommunications

0

0

0

0

0

12

1

2

1

13

3

0

0

0

4

0

0

1

1

1

0

3

0

6

1

0

9

58

58

Miscellaneous products

0

1

1

0

2

0

2

1

0

1

7

2

0

0

0

6

0

0

4

1

2

0

0

2

4

1

3

40

40

Information society services

2

0

0

0

6

8

0

0

0

1

2

6

0

0

0

2

0

1

0

3

0

0

0

0

0

0

1

32

32

Total per Member State

19

11

22

1

38

62

9

10

13

39

63

29

6

5

4

28

5

41

65

27

5

22

10

35

23

30

53

675

III.   Table showing observations relating to drafts notified by Iceland, Liechtenstein and Norway (8) and Switzerland (9)

8

9

| Country | Notifications | EC observations (10) |
| --- | --- | --- |
| Iceland | 7 | 4 |
| Liechtenstein | 1 | 0 |
| Switzerland | 7 | 2 |
| Norway | 6 | 2 |
| Total | 21 | 8 |

Country

Notifications

EC observations (10)

10

Iceland

7

4

Liechtenstein

1

0

Switzerland

7

2

Norway

6

2

Total

21

8

IV.   Table showing the breakdown by sector of drafts notified by Iceland, Norway, Liechtenstein and Switzerland

| Sector | Iceland | Liechtenstein | Norway | Switzerland | Total |
| --- | --- | --- | --- | --- | --- |
| Agriculture, fisheries and food | 2 | | | | 2 |
| Games of chance | | | 2 | | 2 |
| Petroleum products | | | | 1 | 1 |
| Building and construction | | | 1 | | 1 |
| Transport | 1 | 1 | 1 | 1 | 4 |
| Telecommunications | | | | 4 | 4 |
| Miscellaneous products | 3 | | | 1 | 4 |
| Health, medical equipment | 1 | | | | 1 |
| 98/48/EC services | | | 2 | | 2 |
| Total per country | 7 | 1 | 6 | 7 | 21 |

Sector

Iceland

Liechtenstein

Norway

Switzerland

Total

Agriculture, fisheries and food

2

2

Games of chance

2

2

Petroleum products

1

1

Building and construction

1

1

Transport

1

1

1

1

4

Telecommunications

4

4

Miscellaneous products

3

1

4

Health, medical equipment

1

1

98/48/EC services

2

2

Total per country

7

1

6

7

21

V.   Table showing drafts notified by Turkey and the observations relating to these drafts

| Turkey | Notifications | EC observations |
| --- | --- | --- |
| Total | 2 | 1 |

Turkey

Notifications

EC observations

Total

2

1

VI.   Table showing the breakdown by sector of drafts notified by Turkey

| Sector | Turkey |
| --- | --- |
| Miscellaneous | 1 |
| Building and construction | 1 |
| Total | 2 |

Sector

Turkey

Miscellaneous

1

Building and construction

1

Total

2

VII.   Statistics on infringement proceedings in progress in 2011 and launched on the basis of Article 226 of the EC Treaty against national technical regulations adopted in breach of the provisions of Directive 98/34/EC

| Country | Number |
| --- | --- |
| France | 1 |
| Poland | 1 |
| EU total | 2 |

Country

Number

France

1

Poland

1

EU total

2

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(1)  Directive 98/34/EC of 22 June 1998 (OJ L 204, 21.7.1998, p. 37) codifies Directive 83/189/EEC as amended principally by Directives 88/182/EEC and 94/10/EC. Directive 98/34/EC was amended by Directive 98/48/EC of 20 July 1998 (OJ L 217, 5.8.1998, p. 18), which extended its scope to information society services.

1

(2)  Article 8.2 of the Directive.

2

(3)  Article 9.2 of the Directive (‘detailed opinion ... according to which the measure envisaged presents aspects which could potentially create barriers to the free circulation of goods or services or the freedom of establishment of service operators within the internal market’).

3

(4)  Under the Agreement on the European Economic Area, EFTA countries which are contracting parties to this Agreement shall apply Directive 98/34/EC, adapted as necessary in accordance with Annex II, Chapter XIX, point 1, and may thus issue observations concerning drafts notified by European Union Member States. Switzerland may also issue such observations, on the basis of an informal agreement on the exchange of information in the field of technical regulations.

4

(5)  The Directive 98/34/EC procedure was extended to Turkey under the Association Agreement concluded with that country (the Association Agreement between the European Economic Community and Turkey (OJ 217, 29.12.1964, p. 3687) and Decisions No 1/95 and No 2/97 of the EC-Turkey Association Council).

5

(6)  Article 9.3 of the Directive requiring Member States to postpone adoption of the notified draft (with the exception of draft regulations relating to services) for 12 months from its reception by the Commission if the latter announces its intention to propose or adopt a directive, regulation or decision on this subject.

6

(7)  Article 9.4 of the Directive requiring Member States to postpone adoption of the notified draft for 12 months from its reception by the Commission if the latter announces its finding that the draft concerns a matter which is covered by a proposal for a directive, regulation or decision presented to the Council.

7

(8)  The Agreement on the European Economic Area (see note 4) lays down the obligation for EFTA countries party to this Agreement to notify draft technical regulations to the Commission.

8

(9)  On the basis of the informal agreement on the exchange of information in the field of technical regulations (see note 4), Switzerland also submits its draft technical regulations to the Commission.

9

(10)  The only type of reaction provided for under the Accord on the European Economic Area (see notes 4 and 7) is the possibility that the EU issue observations (Article 8.2 of Directive 98/34/EC as included in Annex II, Chapter XIX, point 1 of this Agreement). The same type of reaction may be issued with regard to notifications from Switzerland on the basis of the informal agreement between the EU and this country (see notes 4 and 8).

10

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