# C_2009131EN.01000301.xml

| 10.6.2009 | EN | Official Journal of the European Union | C 131/3 |
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10.6.2009

EN

Official Journal of the European Union

C 131/3

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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 technical standards and regulations and rules on information society services (1)

1

Statistics on the technical rules notified in 2008 within the framework of notification procedure 98/34

2009/C 131/03

I.   Table indicating the different types of response given to the Member States of the european union to the drafts notified by each

| Member States | Number of Notifications | Comments (2) | Detailed Opinions (3) | Community Act Proposals |
| --- | --- | --- | --- | --- |
| MS | COM | EFTA (4) TR (5) | MS | COM | 9.3 (6) | 9.4 (7) |
| Belgium | 32 | 4 | 6 | 0 | 0 | 5 | 0 | 0 |
| Bulgaria | 6 | 1 | 3 | 0 | 2 | 2 | 0 | 0 |
| Czech Rep. | 35 | 10 | 7 | 0 | 1 | 5 | 0 | 1 |
| Denmark | 22 | 8 | 4 | 0 | 1 | 0 | 0 | 0 |
| Germany | 52 | 13 | 12 | 0 | 12 | 3 | 0 | 2 |
| Estonia | 5 | 1 | 2 | 0 | 1 | 1 | 0 | 0 |
| Ireland | 16 | 0 | 3 | 0 | 0 | 0 | 0 | 0 |
| Greece | 7 | 1 | 2 | 0 | 1 | 4 | 0 | 0 |
| Spain | 41 | 12 | 10 | 0 | 4 | 1 | 2 | 0 |
| France | 45 | 8 | 12 | 0 | 2 | 3 | 1 | 0 |
| Italy | 18 | 5 | 7 | 0 | 1 | 4 | 1 | 0 |
| Cyprus | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Latvia | 10 | 3 | 1 | 0 | 5 | 4 | 0 | 0 |
| Lithuania | 8 | 8 | 2 | 0 | 0 | 2 | 0 | 0 |
| Luxembourg | 2 | 2 | 1 | 0 | 0 | 0 | 0 | 0 |
| Hungary | 12 | 4 | 2 | 0 | 1 | 4 | 0 | 0 |
| Malta | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Member States | Number of Notifications | Comments | Detailed Opinions | Community Act Proposals |
| MS | COM | EFTA TR | MS | COM | 9.3 | 9.4 |
| Netherlands | 71 | 6 | 15 | 0 | 4 | 2 | 0 | 0 |
| Austria | 36 | 5 | 2 | 0 | 3 | 1 | 0 | 0 |
| Poland | 21 | 11 | 6 | 0 | 5 | 3 | 0 | 0 |
| Portugal | 2 | 2 | 0 | 0 | 0 | 0 | 0 | 0 |
| Romania | 18 | 1 | 5 | 0 | 3 | 2 | 0 | 0 |
| Slovenia | 3 | 2 | 1 | 0 | 0 | 0 | 0 | 0 |
| Slovakia | 15 | 3 | 3 | 0 | 0 | 1 | 0 | 0 |
| Finland | 31 | 6 | 4 | 0 | 0 | 1 | 0 | 0 |
| Sweden | 54 | 9 | 12 | 0 | 3 | 3 | 1 | 0 |
| United Kingdom | 39 | 10 | 6 | 0 | 2 | 1 | 0 | 0 |
| Total EU | 601 | 133 | 128 | 0 | 51 | 52 | 5 | 3 |

Member States

Number of Notifications

Comments (2)

2

Detailed Opinions (3)

3

Community Act Proposals

MS

COM

EFTA (4) TR (5)

4

5

MS

COM

9.3 (6)

6

9.4 (7)

7

Belgium

32

4

6

0

0

5

0

0

Bulgaria

6

1

3

0

2

2

0

0

Czech Rep.

35

10

7

0

1

5

0

1

Denmark

22

8

4

0

1

0

0

0

Germany

52

13

12

0

12

3

0

2

Estonia

5

1

2

0

1

1

0

0

Ireland

16

0

3

0

0

0

0

0

Greece

7

1

2

0

1

4

0

0

Spain

41

12

10

0

4

1

2

0

France

45

8

12

0

2

3

1

0

Italy

18

5

7

0

1

4

1

0

Cyprus

0

0

0

0

0

0

0

0

Latvia

10

3

1

0

5

4

0

0

Lithuania

8

8

2

0

0

2

0

0

Luxembourg

2

2

1

0

0

0

0

0

Hungary

12

4

2

0

1

4

0

0

Malta

0

0

0

0

0

0

0

0

Member States

Number of Notifications

Comments

Detailed Opinions

Community Act Proposals

MS

COM

EFTA TR

MS

COM

9.3

9.4

Netherlands

71

6

15

0

4

2

0

0

Austria

36

5

2

0

3

1

0

0

Poland

21

11

6

0

5

3

0

0

Portugal

2

2

0

0

0

0

0

0

Romania

18

1

5

0

3

2

0

0

Slovenia

3

2

1

0

0

0

0

0

Slovakia

15

3

3

0

0

1

0

0

Finland

31

6

4

0

0

1

0

0

Sweden

54

9

12

0

3

3

1

0

United Kingdom

39

10

6

0

2

1

0

0

Total EU

Total EU

601

601

133

133

128

128

0

0

51

51

52

52

5

5

3

3

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

| Sectors | 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 | 5 | 4 | 1 | 0 | 1 | 21 | 1 | 4 | 0 | 1 | 5 | 2 | 0 | 4 | 0 | 1 | 0 | 5 | 15 | 2 | 0 | 7 | 1 | 2 | 20 | 12 | 2 | 116 |
| Food and agricultural produce | 3 | 0 | 9 | 0 | 2 | 11 | 0 | 2 | 1 | 7 | 6 | 3 | 6 | 2 | 0 | 3 | 0 | 12 | 3 | 5 | 0 | 0 | 1 | 4 | 1 | 3 | 7 | 91 |
| Chemicals | 0 | 0 | 3 | 0 | 0 | 2 | 1 | 0 | 1 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 12 |
| Pharmaceuticals | 1 | 0 | 14 | 0 | 0 | 1 | 0 | 4 | 2 | 0 | 6 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 3 | 2 | 36 |
| Domestic and leisure equipment | 1 | 1 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 3 | 5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 1 | 0 | 1 | 1 | 8 | 4 | 31 |
| Mechanics | 4 | 1 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 4 | 5 | 3 | 0 | 1 | 0 | 0 | 0 | 7 | 2 | 0 | 2 | 2 | 0 | 0 | 0 | 6 | 2 | 42 |
| Energy, minerals, wood | 0 | 0 | 3 | 0 | 1 | 5 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 9 | 0 | 3 | 0 | 2 | 1 | 0 | 0 | 0 | 2 | 29 |
| Environment, packaging | 9 | 0 | 1 | 0 | 7 | 4 | 0 | 0 | 0 | 3 | 1 | 4 | 1 | 0 | 0 | 4 | 0 | 8 | 4 | 2 | 0 | 1 | 0 | 0 | 0 | 2 | 3 | 54 |
| Health, medical equipment | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 3 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 5 |
| Transport | 1 | 0 | 0 | 0 | 4 | 3 | 1 | 1 | 0 | 3 | 4 | 1 | 0 | 0 | 0 | 1 | 0 | 15 | 2 | 4 | 0 | 1 | 0 | 2 | 4 | 14 | 8 | 69 |
| Telecommunications | 5 | 0 | 0 | 0 | 5 | 1 | 1 | 1 | 1 | 18 | 4 | 0 | 0 | 0 | 1 | 0 | 0 | 2 | 5 | 0 | 0 | 0 | 0 | 0 | 1 | 2 | 7 | 54 |
| Other products | 3 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 3 | 2 | 3 | 0 | 0 | 2 | 0 | 3 | 1 | 1 | 0 | 0 | 0 | 0 | 3 | 1 | 2 | 27 |
| Information society services | 0 | 0 | 3 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 3 | 1 | 0 | 0 | 0 | 1 | 0 | 8 | 2 | 2 | 0 | 3 | 0 | 6 | 1 | 2 | 0 | 35 |
| Total by Member State | 32 | 6 | 35 | 0 | 22 | 52 | 5 | 16 | 7 | 41 | 45 | 18 | 10 | 8 | 2 | 12 | 0 | 71 | 36 | 21 | 2 | 18 | 3 | 15 | 31 | 54 | 39 | 601 |

Sectors

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

5

4

1

0

1

21

1

4

0

1

5

2

0

4

0

1

0

5

15

2

0

7

1

2

20

12

2

116

116

Food and agricultural produce

3

0

9

0

2

11

0

2

1

7

6

3

6

2

0

3

0

12

3

5

0

0

1

4

1

3

7

91

91

Chemicals

0

0

3

0

0

2

1

0

1

1

0

1

0

0

0

0

0

1

0

0

0

1

0

0

0

1

0

12

12

Pharmaceuticals

1

0

14

0

0

1

0

4

2

0

6

1

0

0

0

0

0

1

0

1

0

0

0

0

0

3

2

36

36

Domestic and leisure equipment

1

1

0

0

0

1

0

1

1

3

5

0

0

0

0

0

0

0

2

1

0

1

0

1

1

8

4

31

31

Mechanics

4

1

0

0

2

1

0

0

0

4

5

3

0

1

0

0

0

7

2

0

2

2

0

0

0

6

2

42

42

Energy, minerals, wood

0

0

3

0

1

5

0

2

0

0

0

0

0

0

1

0

0

9

0

3

0

2

1

0

0

0

2

29

29

Environment, packaging

9

0

1

0

7

4

0

0

0

3

1

4

1

0

0

4

0

8

4

2

0

1

0

0

0

2

3

54

54

Health, medical equipment

0

0

0

0

0

0

0

0

0

1

3

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

5

5

Transport

1

0

0

0

4

3

1

1

0

3

4

1

0

0

0

1

0

15

2

4

0

1

0

2

4

14

8

69

69

Telecommunications

5

0

0

0

5

1

1

1

1

18

4

0

0

0

1

0

0

2

5

0

0

0

0

0

1

2

7

54

54

Other products

3

0

1

0

0

0

0

1

1

0

3

2

3

0

0

2

0

3

1

1

0

0

0

0

3

1

2

27

27

Information society services

0

0

3

0

0

2

1

0

0

0

3

1

0

0

0

1

0

8

2

2

0

3

0

6

1

2

0

35

35

Total by Member State

Total by Member State

32

32

6

6

35

35

0

0

22

22

52

52

5

5

16

16

7

7

41

41

45

45

18

18

10

10

8

8

2

2

12

12

0

0

71

71

36

36

21

21

2

2

18

18

3

3

15

15

31

31

54

54

39

39

601

601

III.   Table indicating the comments on the drafts notified by Iceland, Liechtenstein, Norway (8) and Switzerland (9)

8

9

| Country | Notifications | EC Comments (10) |
| --- | --- | --- |
| Iceland | 9 | 0 |
| Liechtenstein | 0 | 0 |
| Switzerland | 3 | 0 |
| Norway | 16 | 8 |
| Total | 28 | 8 |

Country

Notifications

EC Comments (10)

10

Iceland

9

0

Liechtenstein

0

0

Switzerland

3

0

Norway

16

8

Total

Total

28

28

8

8

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

| Sectors | Iceland | Liechtenstein | Norway | Switzerland | Total |
| --- | --- | --- | --- | --- | --- |
| Food products | 0 | 0 | 9 | 0 | 9 |
| Pharmaceuticals | 3 | 0 | 0 | 0 | 3 |
| Domestic and leisure equipment | 0 | 0 | 2 | 0 | 2 |
| Mechanics | 5 | 0 | 1 | 0 | 6 |
| Transport | 0 | 0 | 3 | 0 | 3 |
| Telecommunications | 0 | 0 | 0 | 3 | 3 |
| Other products | 1 | 0 | 1 | 0 | 2 |
| Total by country | 9 | 0 | 16 | 3 | 28 |

Sectors

Iceland

Liechtenstein

Norway

Switzerland

Total

Total

Food products

0

0

9

0

9

9

Pharmaceuticals

3

0

0

0

3

3

Domestic and leisure equipment

0

0

2

0

2

2

Mechanics

5

0

1

0

6

6

Transport

0

0

3

0

3

3

Telecommunications

0

0

0

3

3

3

Other products

1

0

1

0

2

2

Total by country

Total by country

9

9

0

0

16

16

3

3

28

28

V.   Table indicating the drafts notified by Turkey and the comments on these drafts

| Turkey | Notifications | EC Comments |
| --- | --- | --- |
| Total | 5 | 2 |

Turkey

Notifications

EC Comments

Total

Total

5

5

2

2

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

| Sectors | Turkey |
| --- | --- |
| Construction | 1 |
| Energy, minerals, wood | 1 |
| Mechanics | 1 |
| Transport | 1 |
| Telecommunications | 1 |
| Total | 5 |

Sectors

Turkey

Construction

1

Energy, minerals, wood

1

Mechanics

1

Transport

1

Telecommunications

1

Total

Total

5

5

VII.   Statistics on the infringement proceedings in process in 2008 and brought on the basis of Article 226 of the ec Treaty counter to national technical regulations adopted in breach of the provisions of Directive 98/34/EC

| Country | Number |
| --- | --- |
| Portugal | 1 |
| Italy | 1 |
| France | 1 |
| Germany | 1 |
| Total EU | 5 |

Country

Number

Portugal

1

Italy

1

France

1

Germany

1

Total EU

Total EU

5

5

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(1)  Directive 98/34/EC of 22 June 1998 (OJ L 204 of 21 July 1998) codifies Directive 83/189/EEC as modified mainly by Directives 88/182/EEC and 94/10/EC. Directive 98/34/EC has been modified by Directive 98/48/EC of 20 July 1998 (OJ L 217 of 5 August 1998) extending the scope thereof to information society services. This extension entered into force on 5 August 1999.

1

(2)  Article 8.2 of the Directive.

2

(3)  Article 9.2 of the Directive (‘detailed opinion... to the effect that the measure envisaged may create obstacles to the free movement of goods or services or the free establishment of service operators within the context of the internal market’.)

3

(4)  By virtue of the EEA Agreement, EFTA countries party to this Agreement apply Directive 98/34/EC with the necessary modifications provided for in Annex II, Chapter XIX, point 1, and may, to this end, issue comments against drafts notified by the Community Member States. Switzerland may also deliver such comments based on an informal information exchange agreement in the field of technical standards.

4

(5)  Procedure 98/34 has been extended to Turkey within the context of the association agreements signed with this country (Association Agreement between the European Economic Community and Turkey (OJ 1964, p. 3687) and Decisions 1/95 and 2/97 of the EC-Turkey Association Council).

5

(6)  Article 9.3 of the Directive according to which the Member States shall postpone the adoption of the notified draft (with the exception of service-related draft regulations) for 12 months from the date of receipt by the Commission if it is the Commission’s intention to propose or adopt a directive, regulation or decision.

6

(7)  Article 9.4 of the Directive according to which the Member States postpone the adoption of the notified draft for 12 months from the date of receipt by the Commission if it is reported that the draft concerns a matter covered by a proposal for a directive, regulation or decision presented to the Council.

7

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

8

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

9

(10)  The only type of reaction laid down by the EEA Agreement (see notes 4 and 7) is the possibility for the Community to deliver comments (Article 8.2 of Directive 98/34/EC as covered in Annex II. Chapter XIX, point 1 of this Agreement). The same type of reaction may be issued with regard to notifications from Switzerland based on the informal agreement between the Community and this country (see notes 4 and 8).

10

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