# C_2011147EN.01001101.xml

| 18.5.2011 | EN | Official Journal of the European Union | C 147/11 |
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18.5.2011

EN

Official Journal of the European Union

C 147/11

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STATISTICS RELATING TO TECHNICAL REGULATIONS NOTIFIED IN 2010 UNDER NOTIFICATION PROCEDURE 98/34

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 Information Society services (1)

1

(Text with EEA relevance)

2011/C 147/07

I.   Table setting out the different types of responses sent to Member States of the European Union regarding drafts notified by them

| Member State | Number of notifications | Observations (2) | Detailed opinions (3) | Proposals for community acts |
| --- | --- | --- | --- | --- |
| MS | COM | EFTA (4) TR (5) | MS | COM | 9.3 (6) | 9.4 (7) |
| Belgium | 31 | 8 | 2 | 0 | 3 | 1 | 0 | 0 |
| Bulgaria | 5 | 1 | 3 | 0 | 0 | 2 | 0 | 0 |
| Czech Republic | 26 | 15 | 5 | 0 | 1 | 2 | 0 | 0 |
| Denmark | 46 | 12 | 4 | 0 | 0 | 1 | 0 | 0 |
| Germany | 56 | 10 | 5 | 0 | 8 | 7 | 0 | 0 |
| Estonia | 5 | 3 | 2 | 0 | 0 | 0 | 0 | 0 |
| Ireland | 9 | 4 | 3 | 0 | 1 | 2 | 0 | 0 |
| Greece | 7 | 0 | 2 | 0 | 0 | 0 | 0 | 0 |
| Spain | 47 | 13 | 10 | 0 | 2 | 6 | 0 | 0 |
| France | 99 | 14 | 7 | 0 | 7 | 4 | 0 | 0 |
| Italy | 41 | 14 | 8 | 0 | 14 | 2 | 0 | 1 |
| Cyprus | 6 | 3 | 2 | 0 | 1 | 1 | 0 | 0 |
| Latvia | 12 | 10 | 5 | 0 | 3 | 3 | 0 | 1 |
| Lithuania | 8 | 3 | 4 | 0 | 0 | 0 | 0 | 0 |
| Luxembourg | 63 | 2 | 0 | 0 | 0 | 0 | 0 | 0 |
| Hungary | 10 | 2 | 2 | 0 | 0 | 1 | 0 | 0 |
| Malta | 12 | 2 | 2 | 0 | 0 | 1 | 0 | 0 |
| Netherlands | 50 | 4 | 5 | 0 | 0 | 0 | 0 | 0 |
| Austria | 48 | 4 | 4 | 0 | 1 | 1 | 1 | 0 |
| Poland | 42 | 15 | 8 | 0 | 2 | 2 | 1 | 0 |
| Portugal | 7 | 2 | 1 | 0 | 0 | 0 | 0 | 0 |
| Romania | 41 | 9 | 5 | 0 | 3 | 2 | 0 | 1 |
| Slovenia | 7 | 2 | 2 | 0 | 0 | 1 | 0 | 0 |
| Slovakia | 14 | 1 | 2 | 0 | 0 | 1 | 0 | 0 |
| Finland | 34 | 6 | 3 | 0 | 1 | 1 | 0 | 0 |
| Sweden | 40 | 10 | 5 | 0 | 1 | 3 | 0 | 0 |
| United Kingdom | 52 | 2 | 7 | 0 | 8 | 4 | 0 | 0 |
| EU Total | 817 | 171 | 108 | 0 | 56 | 48 | 2 | 3 |

Member State

Number of notifications

Observations (2)

2

Detailed opinions (3)

3

Proposals for community acts

MS

COM

EFTA (4) TR (5)

4

5

MS

COM

9.3 (6)

6

9.4 (7)

7

Belgium

31

8

2

0

3

1

0

0

Bulgaria

5

1

3

0

0

2

0

0

Czech Republic

26

15

5

0

1

2

0

0

Denmark

46

12

4

0

0

1

0

0

Germany

56

10

5

0

8

7

0

0

Estonia

5

3

2

0

0

0

0

0

Ireland

9

4

3

0

1

2

0

0

Greece

7

0

2

0

0

0

0

0

Spain

47

13

10

0

2

6

0

0

France

99

14

7

0

7

4

0

0

Italy

41

14

8

0

14

2

0

1

Cyprus

6

3

2

0

1

1

0

0

Latvia

12

10

5

0

3

3

0

1

Lithuania

8

3

4

0

0

0

0

0

Luxembourg

63

2

0

0

0

0

0

0

Hungary

10

2

2

0

0

1

0

0

Malta

12

2

2

0

0

1

0

0

Netherlands

50

4

5

0

0

0

0

0

Austria

48

4

4

0

1

1

1

0

Poland

42

15

8

0

2

2

1

0

Portugal

7

2

1

0

0

0

0

0

Romania

41

9

5

0

3

2

0

1

Slovenia

7

2

2

0

0

1

0

0

Slovakia

14

1

2

0

0

1

0

0

Finland

34

6

3

0

1

1

0

0

Sweden

40

10

5

0

1

3

0

0

United Kingdom

52

2

7

0

8

4

0

0

EU Total

EU Total

817

817

171

171

108

108

0

0

56

56

48

48

2

2

3

3

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

| 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 | 2 | 1 | 1 | 0 | 6 | 24 | 0 | 1 | 1 | 2 | 20 | 4 | 0 | 4 | 59 | 2 | 1 | 14 | 20 | 6 | 2 | 12 | 2 | 4 | 22 | 6 | 6 | 222 |
| Agriculture, fishing and foodstuffs | 6 | 2 | 2 | 2 | 7 | 7 | 1 | 1 | 0 | 23 | 18 | 6 | 8 | 1 | 0 | 1 | 1 | 6 | 2 | 1 | 1 | 1 | 1 | 5 | 0 | 11 | 5 | 119 |
| Chemical products | 2 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 2 | 2 | 0 | 4 | 0 | 2 | 1 | 1 | 0 | 19 |
| Pharmaceuticals | 0 | 0 | 1 | 0 | 0 | 1 | 0 | 3 | 0 | 0 | 4 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 0 | 0 | 0 | 0 | 2 | 6 | 3 | 23 |
| Domestic and leisure equipment | 6 | 0 | 2 | 1 | 6 | 0 | 0 | 0 | 0 | 4 | 6 | 6 | 0 | 0 | 0 | 0 | 3 | 1 | 5 | 2 | 0 | 2 | 0 | 1 | 0 | 1 | 1 | 47 |
| Mechanical engineering | 2 | 1 | 13 | 0 | 0 | 0 | 0 | 0 | 1 | 2 | 9 | 2 | 0 | 1 | 0 | 0 | 1 | 3 | 4 | 3 | 0 | 1 | 1 | 0 | 1 | 1 | 0 | 46 |
| Energy, minerals, wood | 1 | 0 | 2 | 0 | 3 | 3 | 1 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 2 | 0 | 2 | 4 | 2 | 3 | 3 | 3 | 2 | 1 | 0 | 1 | 0 | 35 |
| Environment, packaging | 8 | 0 | 3 | 0 | 2 | 0 | 1 | 3 | 0 | 1 | 2 | 1 | 1 | 0 | 0 | 0 | 2 | 6 | 1 | 8 | 0 | 0 | 0 | 0 | 1 | 1 | 6 | 47 |
| Healthcare, medical equipment | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 3 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 5 |
| Transport | 2 | 0 | 0 | 0 | 10 | 8 | 0 | 0 | 1 | 1 | 3 | 3 | 0 | 0 | 0 | 2 | 2 | 7 | 1 | 6 | 0 | 0 | 0 | 0 | 3 | 6 | 9 | 64 |
| Telecommunications | 1 | 0 | 0 | 0 | 9 | 5 | 1 | 0 | 2 | 10 | 17 | 1 | 2 | 2 | 2 | 0 | 0 | 1 | 3 | 1 | 1 | 18 | 1 | 0 | 1 | 1 | 7 | 86 |
| Miscellaneous products | 0 | 1 | 2 | 1 | 0 | 1 | 1 | 1 | 0 | 4 | 0 | 6 | 1 | 0 | 0 | 5 | 0 | 3 | 2 | 6 | 0 | 0 | 0 | 0 | 2 | 3 | 13 | 51 |
| Information society services | 1 | 0 | 0 | 2 | 2 | 5 | 0 | 0 | 0 | 0 | 15 | 11 | 2 | 0 | 0 | 0 | 0 | 3 | 6 | 2 | 0 | 0 | 0 | 1 | 1 | 2 | 2 | 53 |
| Total per Member State | 31 | 5 | 26 | 6 | 45 | 56 | 5 | 9 | 7 | 47 | 99 | 41 | 12 | 8 | 63 | 10 | 12 | 50 | 48 | 42 | 7 | 41 | 7 | 14 | 34 | 40 | 52 | 817 |

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

2

1

1

0

6

24

0

1

1

2

20

4

0

4

59

2

1

14

20

6

2

12

2

4

22

6

6

222

222

Agriculture, fishing and foodstuffs

6

2

2

2

7

7

1

1

0

23

18

6

8

1

0

1

1

6

2

1

1

1

1

5

0

11

5

119

119

Chemical products

2

0

0

0

0

1

0

0

0

0

2

0

0

0

0

0

0

2

2

2

0

4

0

2

1

1

0

19

19

Pharmaceuticals

0

0

1

0

0

1

0

3

0

0

4

1

0

0

0

0

0

0

0

2

0

0

0

0

2

6

3

23

23

Domestic and leisure equipment

6

0

2

1

6

0

0

0

0

4

6

6

0

0

0

0

3

1

5

2

0

2

0

1

0

1

1

47

47

Mechanical engineering

2

1

13

0

0

0

0

0

1

2

9

2

0

1

0

0

1

3

4

3

0

1

1

0

1

1

0

46

46

Energy, minerals, wood

1

0

2

0

3

3

1

0

2

0

0

0

0

0

2

0

2

4

2

3

3

3

2

1

0

1

0

35

35

Environment, packaging

8

0

3

0

2

0

1

3

0

1

2

1

1

0

0

0

2

6

1

8

0

0

0

0

1

1

6

47

47

Healthcare, medical equipment

0

0

0

0

0

1

0

0

0

0

3

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

5

Transport

2

0

0

0

10

8

0

0

1

1

3

3

0

0

0

2

2

7

1

6

0

0

0

0

3

6

9

64

64

Telecommunications

1

0

0

0

9

5

1

0

2

10

17

1

2

2

2

0

0

1

3

1

1

18

1

0

1

1

7

86

86

Miscellaneous products

0

1

2

1

0

1

1

1

0

4

0

6

1

0

0

5

0

3

2

6

0

0

0

0

2

3

13

51

51

Information society services

1

0

0

2

2

5

0

0

0

0

15

11

2

0

0

0

0

3

6

2

0

0

0

1

1

2

2

53

53

Total per Member State

Total per Member State

31

31

5

5

26

26

6

6

45

45

56

56

5

5

9

9

7

7

47

47

99

99

41

41

12

12

8

8

63

63

10

10

12

12

50

50

48

48

42

42

7

7

41

41

7

7

14

14

34

34

40

40

52

52

817

817

III.   Table showing observations concerning drafts notified by Iceland, Lichtenstein, Norway (8) and Switzerland (9)

8

9

| Country | Notifications | EC observations (10) |
| --- | --- | --- |
| Iceland | 1 | 0 |
| Liechtenstein | 8 | 0 |
| Switzerland | 5 | 0 |
| Norway | 10 | 0 |
| Total | 24 | 0 |

Country

Notifications

EC observations (10)

10

Iceland

1

0

Liechtenstein

8

0

Switzerland

5

0

Norway

10

0

Total

Total

24

24

0

0

IV.   Tables showing the breakdown of projects notified by Iceland, Norway, Lichtenstein and Switzerland by sector

| Sector | Iceland | Liechtenstein | Norway | Switzerland | Total |
| --- | --- | --- | --- | --- | --- |
| Agriculture, fishing and foodstuffs | | 5 | | 1 | 6 |
| Gambling | | 2 | 2 | | 4 |
| Chemical products | | | 4 | | 4 |
| Mechanical engineering | | 1 | | | 1 |
| Transport | | | 1 | | 1 |
| Telecommunications | | | | 3 | 3 |
| Miscellaneous products | 1 | | 1 | | 2 |
| Healthcare, medical equipment | | | | 1 | 1 |
| 98/48/EC services | | | 2 | | 2 |
| Country Total | 1 | 8 | 10 | 5 | 24 |

Sector

Iceland

Liechtenstein

Norway

Switzerland

Total

Total

Agriculture, fishing and foodstuffs

5

1

6

6

Gambling

2

2

4

4

Chemical products

4

4

4

Mechanical engineering

1

1

1

Transport

1

1

1

Telecommunications

3

3

3

Miscellaneous products

1

1

2

2

Healthcare, medical equipment

1

1

1

98/48/EC services

2

2

2

Country Total

Country Total

1

1

8

8

10

10

5

5

24

24

V.   Table showing drafts notified by Turkey and related observations

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

Turkey

Notifications

EC observations

Total

Total

2

2

2

2

VI.   Table showing breakdown of projects notified by Turkey by sector

| Sector | Turkey |
| --- | --- |
| Agriculture, fishing and foodstuffs | 1 |
| Building and construction | 1 |
| Total | 2 |

Sector

Turkey

Agriculture, fishing and foodstuffs

1

Building and construction

1

Total

Total

2

2

VII.   Statistics concerning infringement procedures underway in 2010 instigated on the basis of Article 226 of the EC Treaty against national technical regulations adopted in violation of the provisions of Directive 98/34/EC

| Country | Number |
| --- | --- |
| Spain | 1 |
| Italy | 3 |
| France | 1 |
| Poland | 1 |
| Germany | 1 |
| EU Total | 7 |

Country

Number

Spain

1

Italy

3

France

1

Poland

1

Germany

1

EU Total

EU Total

7

7

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(1)  Directive 98/34/EC of 22 June 1998 (OJ L 204, 21.7.1998) codifies Directive 83/189/EEC as originally amended, primarily 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), extending its scope to cover 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 freedom of operators to establish themselves within the internal market’.).

3

(4)  By virtue of the Agreement on the European Economic Area, EFTA states that are contracting parties to this Agreement shall apply Directive 98/34/EC, with the necessary adaptations as provided for in Annex II, Chapter XIX, point 1, and may, for this purpose, issue observations concerning drafts notified by Member States of the European Union. Switzerland may also issue such observations, on the basis of an informal information-exchange agreement in the field of technical regulations.

4

(5)  Procedure 98/34 was extended to Turkey as part of the association agreement made with this country (Association agreement between the European Economic Community and Turkey (OJ 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, according to which Member States postpone adoption of the draft notified (with the exclusion of drafts for rules relating to services) by 12 months from the date when it is received by the Commission, if this latter declares its intention to propose or decree a directive, regulation or decision on the subject in question.

6

(7)  Article 9.4 of the Directive, according to which Member States postpone adoption of the draft notified by 12 months from the date when it is received by the Commission, if this latter declares that the draft covers a subject already covered by a proposed directive, regulation or decision submitted to the Council.

7

(8)  The Agreement on the European Economic Area (see note 4) requires EFTA states that are contracting parties to this Agreement to notify the Commission of draft technical regulations.

8

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

9

(10)  The only type of response provided for in the Agreement on the European Economic Area (see notes 4 and 7) is the option for the EU of issuing observations (Article 8.2 of Directive 98/34/EC, as reproduced in Annex II, Chapter XIX, point 1 of this Agreement). The same type of response may be issued for Swiss notifications on the basis of the informal information-exchange agreement between the EU and this country (see notes 4 and 8).

10

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