# C_2010164EN.01000301.xml

| 24.6.2010 | EN | Official Journal of the European Union | C 164/3 |
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24.6.2010

EN

Official Journal of the European Union

C 164/3

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Information provided by the Commission pursuant to 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

Statistics on the technical rules notified in 2009 within the framework of notification procedure 98/34

2010/C 164/03

I.   Table indicating the different types of reactions 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 | 51 | 3 | 29 | 0 | 3 | 7 | 0 | 0 |
| Bulgaria | 8 | 1 | 4 | 0 | 0 | 0 | 0 | 0 |
| Czech Rep. | 26 | 6 | 6 | 0 | 0 | 2 | 0 | 1 |
| Denmark | 34 | 3 | 2 | 0 | 1 | 1 | 0 | 0 |
| Germany | 64 | 12 | 14 | 0 | 8 | 3 | 1 | 0 |
| Estonia | 15 | 6 | 4 | 0 | 0 | 3 | 0 | 0 |
| Ireland | 8 | 0 | 2 | 0 | 0 | 1 | 0 | 0 |
| Greece | 9 | 11 | 3 | 0 | 4 | 1 | 0 | 0 |
| Spain | 52 | 16 | 12 | 0 | 1 | 2 | 0 | 0 |
| France | 56 | 22 | 13 | 0 | 23 | 5 | 1 | 0 |
| Italy | 31 | 24 | 9 | 0 | 18 | 4 | 1 | 2 |
| Cyprus | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Latvia | 15 | 8 | 3 | 0 | 1 | 1 | 0 | 0 |
| Lithuania | 9 | 1 | 2 | 0 | 0 | 0 | 0 | 0 |
| Luxembourg | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
| Hungary | 20 | 6 | 2 | 0 | 0 | 0 | 0 | 0 |
| Malta | 9 | 1 | 2 | 0 | 4 | 2 | 0 | 0 |
| Netherlands | 67 | 7 | 5 | 0 | 0 | 0 | 0 | 0 |
| Austria | 43 | 10 | 5 | 0 | 1 | 4 | 0 | 0 |
| Poland | 20 | 4 | 0 | 0 | 3 | 3 | 0 | 0 |
| Portugal | 9 | 5 | 3 | 0 | 0 | 0 | 0 | 0 |
| Romania | 14 | 4 | 5 | 0 | 1 | 6 | 0 | 0 |
| Slovenia | 14 | 3 | 2 | 0 | 0 | 1 | 0 | 0 |
| Slovakia | 16 | 8 | 4 | 0 | 4 | 4 | 0 | 0 |
| Finland | 31 | 9 | 8 | 0 | 1 | 1 | 0 | 0 |
| Sweden | 31 | 4 | 6 | 0 | 0 | 3 | 0 | 0 |
| UK | 54 | 9 | 8 | 0 | 1 | 3 | 0 | 0 |
| Total EU | 708 | 183 | 154 | 0 | 74 | 57 | 3 | 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

51

3

29

0

3

7

0

0

Bulgaria

8

1

4

0

0

0

0

0

Czech Rep.

26

6

6

0

0

2

0

1

Denmark

34

3

2

0

1

1

0

0

Germany

64

12

14

0

8

3

1

0

Estonia

15

6

4

0

0

3

0

0

Ireland

8

0

2

0

0

1

0

0

Greece

9

11

3

0

4

1

0

0

Spain

52

16

12

0

1

2

0

0

France

56

22

13

0

23

5

1

0

Italy

31

24

9

0

18

4

1

2

Cyprus

1

0

0

0

0

0

0

0

Latvia

15

8

3

0

1

1

0

0

Lithuania

9

1

2

0

0

0

0

0

Luxembourg

1

0

1

0

0

0

0

0

Hungary

20

6

2

0

0

0

0

0

Malta

9

1

2

0

4

2

0

0

Netherlands

67

7

5

0

0

0

0

0

Austria

43

10

5

0

1

4

0

0

Poland

20

4

0

0

3

3

0

0

Portugal

9

5

3

0

0

0

0

0

Romania

14

4

5

0

1

6

0

0

Slovenia

14

3

2

0

0

1

0

0

Slovakia

16

8

4

0

4

4

0

0

Finland

31

9

8

0

1

1

0

0

Sweden

31

4

6

0

0

3

0

0

UK

54

9

8

0

1

3

0

0

Total EU

Total EU

708

708

183

183

154

154

0

0

74

74

57

57

3

3

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 | 4 | 6 | 6 | 0 | 2 | 24 | 2 | 2 | 1 | 6 | 8 | 7 | 0 | 2 | 0 | 2 | 2 | 5 | 24 | 2 | 1 | 3 | 1 | 3 | 6 | 3 | 10 | 132 |
| Food and agricultural produce | 5 | 0 | 2 | 0 | 0 | 3 | 5 | 0 | 3 | 8 | 18 | 10 | 8 | 2 | 0 | 5 | 1 | 6 | 2 | 6 | 0 | 2 | 3 | 3 | 3 | 3 | 7 | 105 |
| Chemicals | 0 | 0 | 2 | 1 | 2 | 3 | 1 | 1 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 2 | 2 | 2 | 21 |
| Pharmaceutical products | 0 | 0 | 3 | 0 | 1 | 4 | 0 | 0 | 0 | 0 | 3 | 0 | 1 | 0 | 0 | 0 | 0 | 1 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 6 | 2 | 23 |
| Domestic and leisure equipment | 4 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 6 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 2 | 0 | 0 | 2 | 1 | 0 | 0 | 1 | 2 | 23 |
| Mechanics | 3 | 1 | 7 | 0 | 2 | 0 | 2 | 0 | 0 | 1 | 4 | 1 | 1 | 1 | 0 | 1 | 1 | 2 | 2 | 0 | 2 | 1 | 2 | 1 | 0 | 1 | 3 | 39 |
| Energy, minerals, wood | 1 | 0 | 1 | 0 | 1 | 3 | 0 | 0 | 1 | 0 | 3 | 0 | 1 | 0 | 0 | 2 | 1 | 13 | 4 | 4 | 0 | 0 | 2 | 1 | 0 | 0 | 2 | 40 |
| Environment, packaging | 2 | 0 | 2 | 0 | 6 | 10 | 1 | 0 | 0 | 2 | 3 | 2 | 3 | 0 | 0 | 8 | 1 | 7 | 3 | 3 | 0 | 0 | 0 | 3 | 0 | 3 | 3 | 62 |
| Health, medical equipment | 4 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 9 |
| Transport | 2 | 1 | 2 | 0 | 9 | 5 | 0 | 4 | 1 | 16 | 6 | 5 | 0 | 0 | 0 | 0 | 2 | 13 | 2 | 2 | 0 | 4 | 1 | 4 | 15 | 9 | 11 | 114 |
| Telecommunications | 25 | 0 | 0 | 0 | 6 | 5 | 2 | 0 | 1 | 10 | 2 | 0 | 0 | 1 | 1 | 0 | 0 | 3 | 0 | 1 | 4 | 0 | 4 | 0 | 2 | 1 | 2 | 70 |
| Other products | 0 | 0 | 0 | 0 | 3 | 1 | 2 | 1 | 1 | 0 | 2 | 2 | 1 | 3 | 0 | 2 | 0 | 5 | 1 | 2 | 0 | 1 | 0 | 1 | 2 | 1 | 8 | 39 |
| Information Society services | 1 | 0 | 1 | 0 | 1 | 5 | 0 | 0 | 0 | 2 | 2 | 4 | 0 | 0 | 0 | 0 | 0 | 10 | 1 | 0 | 1 | 0 | 0 | 0 | 1 | 1 | 1 | 31 |
| Total by Member State | 51 | 8 | 26 | 1 | 34 | 64 | 15 | 8 | 9 | 52 | 56 | 31 | 15 | 9 | 1 | 20 | 9 | 67 | 43 | 20 | 9 | 14 | 14 | 16 | 31 | 31 | 54 | 708 |

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

4

6

6

0

2

24

2

2

1

6

8

7

0

2

0

2

2

5

24

2

1

3

1

3

6

3

10

132

132

Food and agricultural produce

5

0

2

0

0

3

5

0

3

8

18

10

8

2

0

5

1

6

2

6

0

2

3

3

3

3

7

105

105

Chemicals

0

0

2

1

2

3

1

1

1

1

1

0

0

0

0

0

0

1

0

0

0

1

0

0

2

2

2

21

21

Pharmaceutical products

0

0

3

0

1

4

0

0

0

0

3

0

1

0

0

0

0

1

2

0

0

0

0

0

0

6

2

23

23

Domestic and leisure equipment

4

0

0

0

1

1

0

0

0

6

2

0

0

0

0

0

0

1

2

0

0

2

1

0

0

1

2

23

23

Mechanics

3

1

7

0

2

0

2

0

0

1

4

1

1

1

0

1

1

2

2

0

2

1

2

1

0

1

3

39

39

Energy, minerals, wood

1

0

1

0

1

3

0

0

1

0

3

0

1

0

0

2

1

13

4

4

0

0

2

1

0

0

2

40

40

Environment, packaging

2

0

2

0

6

10

1

0

0

2

3

2

3

0

0

8

1

7

3

3

0

0

0

3

0

3

3

62

62

Health, medical equipment

4

0

0

0

0

0

0

0

0

0

2

0

0

0

0

0

1

0

0

0

1

0

0

0

0

0

1

9

9

Transport

2

1

2

0

9

5

0

4

1

16

6

5

0

0

0

0

2

13

2

2

0

4

1

4

15

9

11

114

114

Telecommunications

25

0

0

0

6

5

2

0

1

10

2

0

0

1

1

0

0

3

0

1

4

0

4

0

2

1

2

70

70

Other products

0

0

0

0

3

1

2

1

1

0

2

2

1

3

0

2

0

5

1

2

0

1

0

1

2

1

8

39

39

Information Society services

1

0

1

0

1

5

0

0

0

2

2

4

0

0

0

0

0

10

1

0

1

0

0

0

1

1

1

31

31

Total by Member State

Total by Member State

51

51

8

8

26

26

1

1

34

34

64

64

15

15

8

8

9

9

52

52

56

56

31

31

15

15

9

9

1

1

20

20

9

9

67

67

43

43

20

20

9

9

14

14

14

14

16

16

31

31

31

31

54

54

708

708

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 | 1 | 1 |
| Liechtenstein | 6 | 4 |
| Switzerland | 9 | 1 |
| Norway | 8 | 5 |
| Total | 24 | 11 |

Country

Notifications

EC comments (10)

10

Iceland

1

1

Liechtenstein

6

4

Switzerland

9

1

Norway

8

5

Total

Total

24

24

11

11

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

| Sectors | Iceland | Liechtenstein | Norway | Switzerland | Total |
| --- | --- | --- | --- | --- | --- |
| Agriculture, fishery and foodstuffs | 0 | 4 | 2 | 0 | 6 |
| Energy, minerals, wood | 0 | 0 | 0 | 1 | 1 |
| Domestic and leisure equipment | 0 | 0 | 1 | 0 | 1 |
| Mechanics | 0 | 0 | 2 | 0 | 2 |
| Transport | 0 | 0 | 1 | 2 | 3 |
| Telecommunications | 0 | 0 | 1 | 5 | 6 |
| Other products | 1 | 0 | 0 | 1 | 2 |
| Building and construction | 0 | 2 | 1 | 0 | 3 |
| Services 98/48/EC | 0 | 0 | 1 | 0 | 1 |
| Total by country | 1 | 6 | 9 | 9 | 25 |

Sectors

Iceland

Liechtenstein

Norway

Switzerland

Total

Agriculture, fishery and foodstuffs

0

4

2

0

6

Energy, minerals, wood

0

0

0

1

1

Domestic and leisure equipment

0

0

1

0

1

Mechanics

0

0

2

0

2

Transport

0

0

1

2

3

Telecommunications

0

0

1

5

6

Other products

1

0

0

1

2

Building and construction

0

2

1

0

3

Services 98/48/EC

0

0

1

0

1

Total by country

Total by country

1

1

6

6

9

9

9

9

25

25

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

| Turkey | Notifications | EC comments |
| --- | --- | --- |
| Total | 3 | 2 |

Turkey

Notifications

EC comments

Total

Total

3

3

2

2

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

| Sectors | Turkey |
| --- | --- |
| Environment, packaging | 1 |
| Energy, minerals, wood | 1 |
| Mechanics | 1 |
| Total | 3 |

Sectors

Turkey

Environment, packaging

1

Energy, minerals, wood

1

Mechanics

1

Total

Total

3

3

VII.   Statistics on the infringement proceedings in process in 2009 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 |
| --- | --- |
| Spain | 1 |
| Italy | 1 |
| France | 1 |
| Total EU | 3 |

Country

Number

Spain

1

Italy

1

France

1

Total EU

Total EU

3

3

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(1)  Directive 98/34/EC of 22 June 1998 (OJ L 204, 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, 5 August 1998) extending the scope thereof to Information Society services.

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 Member States of the European Union. 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 agreement 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 shall 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 EU 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 EU and this country (see notes 4 and 8).

10

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