EN Official Journal of the European Union C 158/20

Statistics relating to technical regulations notified in 2004 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)

(2005/C 158/05)

(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 18 4 4 3 4 0 0 Denmark 40 8 19 1 2 0 0 Germany 99 40 46 19 13 0 0 Spain 24 4 13 3 2 0 0 Finland 21 10 11 2 3 0 0 France 37 6 12 2 2 0 0 Greece 34 7 33 0 5 0 0 Ireland 6 1 2 1 0 0 0 Italy 28 20 10 1 10 5 0 0 Luxembourg 4 1 2 0 1 0 0 The Netherlands 54 12 17 7 3 0 0 Austria 50 8 10 3 4 0 0 Portugal 3 2 2 0 1 0 0 Sweden 23 6 8 2 2 0 0 United Kingdom 52 16 16 1 6 1 0 Latvia 13 11 5 2 4 0 0 Malta 2 1 1 0 1 0 0 Cyprus 1 0 0 0 1 0 0 Czech Republic 14 7 6 2 3 0 0 Hungary 4 2 0 0 0 0 0 Lithuania 4 4 4 0 0 0 0 Estonia 0 0 0 0 0 0 0 Slovenia 12 2 1 1 2 0 0 Poland 8 5 3 0 1 0 0 Slovakia 6 1 4 1 1 0 0 EU total 557 178 229 1 60 66 1 0

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 UK LT MT CY CZ HU LV EE SI PL SK EU total Building and construction 2 6 23 3 10 4 1 2 2 26 6 1 10 1 97 Foodstuffs and agricultural products 6 5 6 6 1 10 1 2 13 1 11 7 1 4 17 4 4 2 3 1 2 2 110 Chemicals 1 4 4 1 1 1 1 3 2 2 1 21 Pharmaceuticals 4 1 2 1 1 3 1 13 Domestic and leisure equipment 2 3 1 1 1 1 9 Machinery 1 3 3 4 3 4 1 1 3 1 4 28 Energy, ores, wood 1 2 2 1 1 1 5 2 2 2 1 20 Environment, packaging 1 2 6 1 1 2 8 3 3 2 5 1 3 38 Health, medical equipment 1 3 2 6 Transport 1 14 7 2 4 2 3 1 7 2 5 16 1 1 66 Telecommunications 2 45 1 1 7 30 6 3 2 3 1 1 102 Miscellaneous products 2 2 2 1 2 1 1 1 4 2 1 1 2 1 1 2 26 Information society services 2 2 2 1 4 1 4 3 1 1 21 Total per Member State 18 40 99 24 21 37 34 6 28 3 54 50 3 23 52 4 2 1 14 4 13 12 8 6 557

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

Country Notifications EC observations (9) Iceland 11 4 Liechtenstein 3 2 Norway 23 13 Switzerland 15 9 Total 52 28

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

Sector Iceland Liechtenstein Norway Switzerland Total per sector Building and construction 1 1 Foodstuffs and agricultural products 4 1 4 5 14 Chemicals 2 4 6 Pharmaceuticals 1 1 Domestic and leisure equipment 2 2 Machinery 1 1 1 3 Environment, packaging 1 1 1 3 Energy, ores, wood 1 1 Transport 2 9 2 13 Telecommunications 2 2 4 Miscellaneous products 1 1 2 Information society services 1 1 Total per country 11 3 23 15 52

V. DISTRIBUTION ACROSS SECTORS OF DRAFTS NOTIFIED BY TURKEY AND COMMENTS ON THESE DRAFTS

Turkey Sectors EC comments Foodstuffs and agricultural products 1 Telecommunications 1 Miscellaneous products; textiles 1 Total — 3 3

VI. DISTRIBUTION ACROSS SECTORS OF DRAFTS NOTIFIED BY NEW MEMBER STATES BEFORE THE ENLARGEMENT OF 1 MAY 2004 AND COMMENTS ON THESE DRAFTS

Country Sectors EC comments Malta Energy; electricity 1 Total — 1 1

VII. STATISTICS ON INFRINGEMENT PROCEDURES ONGOING IN 2004 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 2 Germany 1 Spain 1 France 1 Ireland 1 Italy 4 Luxembourg 1 The Netherlands 1 Portugal 2 EU total 14

(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.

(2) Article 8(2) of the Directive.

(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’).

(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.

(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.

(6) Article 9(4)of the Directive requiring Member States to postpone the adoption of a notified draft for 12 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.

(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.

(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.

(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).