EN Official Journal of the European Union C 147/11

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)

(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





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





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

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





V. Table showing drafts notified by Turkey and related observations

Turkey Notifications EC observations Total 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





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

(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.

(2) Article 8.2 of the Directive.

(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’.).

(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.

(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).

(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.

(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.

(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.

(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.

(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).