EN Official Journal of the European Union C 216/2

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)

(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

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

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

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

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

(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 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.

(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).