# C_2004216EN.01000201.xml

| 28.8.2004 | EN | Official Journal of the European Union | C 216/2 |
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28.8.2004

EN

Official Journal of the European Union

C 216/2

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STATISTICS RELATING TO TECHNICAL REGULATIONS NOTIFIED IN 2003 UNDER THE DIRECTIVE 98/34/EC PROCEDURE

STATISTICS RELATING TO TECHNICAL REGULATIONS NOTIFIED IN 2003 UNDER THE DIRECTIVE 98/34/EC PROCEDURE

Information supplied 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 of rules on Information Society services (1)

1

(2004/C 216/02)

(Text with EEA relevance)

I.   TYPES OF REACTIONS SENT TO EC MEMBER STATES REGARDING THE DRAFTS NOTIFIED BY EACH OF THEM

| Member State | Notifications | Observations (2) | Detailed Opinions (3) | Proposals for Community Acts |
| --- | --- | --- | --- | --- |
| Member State | Commission | EFTA (4) | Member State | Commission | 9(3) (5) | 9(4) (6) |
| Belgium | 30 | 5 | 5 | 0 | 2 | 1 | 1 | 0 |
| Denmark | 40 | 24 | 9 | 0 | 11 | 9 | 0 | 0 |
| Germany | 47 | 14 | 17 | 0 | 17 | 9 | 1 | 0 |
| Spain | 30 | 8 | 12 | 0 | 0 | 18 | 0 | 0 |
| Finland | 11 | 1 | 5 | 0 | 1 | 0 | 0 | 0 |
| France | 61 | 23 | 23 | 0 | 5 | 13 | 0 | 0 |
| Greece | 17 | 4 | 11 | 0 | 2 | 4 | 0 | 0 |
| Ireland | 9 | 4 | 2 | 0 | 2 | 0 | 0 | 0 |
| Italy | 37 | 16 | 14 | 0 | 8 | 11 | 0 | 0 |
| Luxembourg | 5 | 0 | 3 | 0 | 1 | 3 | 0 | 0 |
| The Netherlands | 53 | 16 | 20 | 0 | 3 | 2 | 1 | 0 |
| Austria | 51 | 6 | 10 | 0 | 3 | 2 | 0 | 0 |
| Portugal | 8 | 1 | 4 | 0 | 1 | 2 | 0 | 1 |
| Sweden | 38 | 12 | 6 | 0 | 0 | 3 | 1 | 0 |
| United Kingdom | 49 | 18 | 24 | 0 | 3 | 3 | 0 | 0 |
| EU Total | 486 | 152 | 165 | 0 | 59 | 80 | 4 | 1 |

Member State

Notifications

Observations (2)

2

Detailed Opinions (3)

3

Proposals for Community Acts

Member State

Commission

EFTA (4)

4

Member State

Commission

9(3) (5)

5

9(4) (6)

6

Belgium

Belgium

30

5

5

0

2

1

1

0

Denmark

Denmark

40

24

9

0

11

9

0

0

Germany

Germany

47

14

17

0

17

9

1

0

Spain

Spain

30

8

12

0

0

18

0

0

Finland

Finland

11

1

5

0

1

0

0

0

France

France

61

23

23

0

5

13

0

0

Greece

Greece

17

4

11

0

2

4

0

0

Ireland

Ireland

9

4

2

0

2

0

0

0

Italy

Italy

37

16

14

0

8

11

0

0

Luxembourg

Luxembourg

5

0

3

0

1

3

0

0

The Netherlands

The Netherlands

53

16

20

0

3

2

1

0

Austria

Austria

51

6

10

0

3

2

0

0

Portugal

Portugal

8

1

4

0

1

2

0

1

Sweden

Sweden

38

12

6

0

0

3

1

0

United Kingdom

United Kingdom

49

18

24

0

3

3

0

0

EU Total

EU Total

486

486

152

152

165

165

0

0

59

59

80

80

4

4

1

1

II.   BREAKDOWN BY SECTOR OF DRAFTS NOTIFIED BY EU MEMBER STATES

| Sector | BE | DK | DE | ES | FI | FR | GR | IE | IT | LU | NL | AT | PT | SE | GB | EC Total |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Building and construction | 0 | 8 | 8 | 2 | 3 | 10 | 1 | 2 | 5 | 0 | 1 | 16 | 0 | 2 | 1 | 59 |
| Foodstuffs and agricultural products | 3 | 10 | 8 | 6 | 0 | 14 | 1 | 0 | 15 | 0 | 16 | 14 | 0 | 11 | 10 | 108 |
| Chemicals | 0 | 3 | 3 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 6 | 1 | 0 | 1 | 0 | 17 |
| Pharmaceuticals | 0 | 2 | 4 | 1 | 0 | 9 | 1 | 1 | 0 | 0 | 0 | 1 | 1 | 1 | 4 | 25 |
| Domestic and leisure equipment | 3 | 0 | 0 | 1 | 0 | 2 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 2 | 10 |
| Machinery | 3 | 1 | 3 | 1 | 1 | 10 | 4 | 0 | 5 | 0 | 3 | 2 | 0 | 4 | 2 | 39 |
| Energy, ore, wood | 13 | 2 | 0 | 1 | 0 | 6 | 3 | 0 | 2 | 1 | 6 | 5 | 0 | 1 | 0 | 40 |
| Environment, packaging | 2 | 2 | 1 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 8 | 2 | 0 | 1 | 7 | 25 |
| Health, medical equipment | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
| Transport | 2 | 7 | 9 | 1 | 3 | 1 | 0 | 0 | 3 | 0 | 7 | 0 | 2 | 13 | 12 | 60 |
| Telecommunications | 1 | 2 | 6 | 16 | 1 | 3 | 4 | 0 | 1 | 1 | 1 | 7 | 2 | 2 | 5 | 52 |
| Miscellaneous products | 2 | 2 | 3 | 0 | 2 | 4 | 0 | 4 | 1 | 1 | 3 | 2 | 1 | 2 | 4 | 31 |
| Information society services | 1 | 0 | 2 | 0 | 1 | 1 | 1 | 0 | 3 | 2 | 2 | 1 | 2 | 0 | 2 | 18 |
| Total per Member State | 30 | 40 | 47 | 30 | 11 | 61 | 17 | 9 | 37 | 5 | 53 | 51 | 8 | 38 | 49 | 486 |

Sector

BE

DK

DE

ES

FI

FR

GR

IE

IT

LU

NL

AT

PT

SE

GB

EC Total

Building and construction

Building and construction

0

8

8

2

3

10

1

2

5

0

1

16

0

2

1

59

59

Foodstuffs and agricultural products

Foodstuffs and agricultural products

3

10

8

6

0

14

1

0

15

0

16

14

0

11

10

108

108

Chemicals

Chemicals

0

3

3

1

0

1

1

0

0

0

6

1

0

1

0

17

17

Pharmaceuticals

Pharmaceuticals

0

2

4

1

0

9

1

1

0

0

0

1

1

1

4

25

25

Domestic and leisure equipment

Domestic and leisure equipment

3

0

0

1

0

2

0

1

1

0

0

0

0

0

2

10

10

Machinery

Machinery

3

1

3

1

1

10

4

0

5

0

3

2

0

4

2

39

39

Energy, ore, wood

Energy, ore, wood

13

2

0

1

0

6

3

0

2

1

6

5

0

1

0

40

40

Environment, packaging

Environment, packaging

2

2

1

0

0

0

0

1

1

0

8

2

0

1

7

25

25

Health, medical equipment

Health, medical equipment

0

1

0

0

0

0

1

0

0

0

0

0

0

0

0

2

2

Transport

Transport

2

7

9

1

3

1

0

0

3

0

7

0

2

13

12

60

60

Telecommunications

Telecommunications

1

2

6

16

1

3

4

0

1

1

1

7

2

2

5

52

52

Miscellaneous products

Miscellaneous products

2

2

3

0

2

4

0

4

1

1

3

2

1

2

4

31

31

Information society services

Information society services

1

0

2

0

1

1

1

0

3

2

2

1

2

0

2

18

18

Total per Member State

Total per Member State

30

30

40

40

47

47

30

30

11

11

61

61

17

17

9

9

37

37

5

5

53

53

51

51

8

8

38

38

49

49

486

486

III.   OBSERVATIONS RELATING TO DRAFTS NOTIFIED BY ICELAND, LIECHTENSTEIN, NORWAY (7) AND SWITZERLAND (8)

7

8

| Country | Notifications | EC Observations (9) |
| --- | --- | --- |
| Iceland | 3 | 1 |
| Liechtenstein | 1 | 0 |
| Norway | 25 | 17 |
| Switzerland | 5 | 1 |
| Total | 34 | 19 |

Country

Notifications

EC Observations (9)

9

Iceland

Iceland

3

1

Liechtenstein

Liechtenstein

1

0

Norway

Norway

25

17

Switzerland

Switzerland

5

1

Total

Total

34

34

19

19

IV.   BREAKDOWN BY SECTOR OF DRAFTS NOTIFIED BY LIECHTENSTEIN, ICELAND, NORWAY AND SWITZERLAND

| Sector | Iceland | Liechtenstein | Norway | Switzerland | Total per sector |
| --- | --- | --- | --- | --- | --- |
| Foodstuffs and agricultural products | 2 | 0 | 14 | 1 | 17 |
| Chemicals | 1 | 0 | 1 | 0 | 2 |
| Pharmaceuticals | 0 | 0 | 2 | 0 | 2 |
| Energy | 0 | 0 | 1 | 1 | 2 |
| Environment, packaging | 0 | 0 | 0 | 1 | 1 |
| Transport | 0 | 0 | 3 | 0 | 3 |
| Telecommunications | 0 | 0 | 1 | 1 | 2 |
| Miscellaneous products | 0 | 0 | 2 | 0 | 3 |
| Information society services | 0 | 1 | 1 | 0 | 2 |
| Total per country | 3 | 1 | 25 | 5 | 34 |

Sector

Iceland

Liechtenstein

Norway

Switzerland

Total per sector

Foodstuffs and agricultural products

Foodstuffs and agricultural products

2

0

14

1

17

17

Chemicals

Chemicals

1

0

1

0

2

2

Pharmaceuticals

Pharmaceuticals

0

0

2

0

2

2

Energy

Energy

0

0

1

1

2

2

Environment, packaging

Environment, packaging

0

0

0

1

1

1

Transport

Transport

0

0

3

0

3

3

Telecommunications

Telecommunications

0

0

1

1

2

2

Miscellaneous products

Miscellaneous products

0

0

2

0

3

3

Information society services

Information society services

0

1

1

0

2

2

Total per country

Total per country

3

3

1

1

25

25

5

5

34

34

V.   STATISTICS ON INFRINGEMENT PROCEDURES ONGOING IN 2003 AND INITIATED UNDER ARTICLE 226 OF THE EC TREATY AGAINST NATIONAL TECHNICAL REGULATIONS ADOPTED IN BREACH OF THE PROVISIONS OF DIRECTIVE 98/34/EC

Total per Member State

| Country | Number |
| --- | --- |
| Belgium | 4 |
| Denmark | 0 |
| Germany | 1 |
| Spain | 3 |
| Finland | 1 |
| France | 1 |
| Greece | 1 |
| Ireland | 1 |
| Italy | 2 |
| Luxembourg | 2 |
| The Netherlands | 1 |
| Austria | 0 |
| Portugal | 2 |
| Sweden | 0 |
| United Kingdom | 0 |
| EU TOTAL | 19 |

Country

Number

Belgium

Belgium

4

Denmark

Denmark

0

Germany

Germany

1

Spain

Spain

3

Finland

Finland

1

France

France

1

Greece

Greece

1

Ireland

Ireland

1

Italy

Italy

2

Luxembourg

Luxembourg

2

The Netherlands

The Netherlands

1

Austria

Austria

0

Portugal

Portugal

2

Sweden

Sweden

0

United Kingdom

United Kingdom

0

EU TOTAL

EU TOTAL

19

19

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(1)  Directive 98/34/EC of 22 June 1998 (OJ L 204 of 21 July 1998) consolidates 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/CE of 20 July 1998 (OJ L 217, of 5 August 1998) which broadened its scope to include information society services. This came into effect 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 envisaged measure may create obstacles to the free movement of goods or services or to freedom of establishment of service operators within the internal market’).

3

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

4

(5)  Article 9(3) of the Directive requiring Member States to postpone the adoption of a notified draft (except for draft regulations concerning services) for 12 months from receipt by the Commission if the latter announces its intention to propose or adopt a Directive, Regulation, or Decision on the matter.

5

(6)  Article 9(4) of the Directive requiring Member States to postpone the adoption of a notified draft for twelve months from the receipt 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.

6

(7)  The Agreement on the European Economic Area (see note 4) requires EFTA countries which are contracting parties to this Agreement to notify draft technical regulations to the Commission.

7

(8)  On the basis of the informal agreement for the exchange of information in the field of technical regulations (see note 4), Switzerland forwards its draft technical regulations to the Commission.

8

(9)  The only type of Community reaction provided for by the Agreement on the European Economic Area (see notes 4 and 7) is the facility to issue observations (Article 8(2) of Directive 98/34/EC as in Annex II, Chapter XIX, point 1 of this Agreement). The same type of reaction may be issued in respect of Swiss notifications on the basis of the informal agreement between the Community and Switzerland (see notes 4 and 8).

9

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