EN Official Journal of the European Union C 197/17

Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — The Annual Union Work Programme for European standardisation for 2018’

(COM(2017) 453 final)

(2018/C 197/03)

Rapporteur working alone: Juan MENDOZA CASTRO

Consultation European Commission, 9.10.2017 Legal Basis Article 304 TFEU Section responsible Single Market, Production and Consumption Adopted in section 18.12.2017 Adopted at plenary 17.1.2018 Plenary session No 531 Outcome of vote (for/against/abstentions) 195/1/0

1. Conclusions and recommendations

1.1. The Committee welcomes the 2018 standardisation programme, in particular social and environmental actions, but recommends that in future versions a summary of compliance with previous programmes be included.

1.2. It recommends that all actions in the field of ICT be included in a single document.

1.3. It urges the Commission to keep a close watch to avoid the possible abuse of patent rules and closed standards.

1.4. The Committee highlights the role of the Commission in the European Standardisation System, which is essential for the development of the internal market and places the EU as a world leader in this field.

1.5. It calls on the Commission to maintain adequate budgetary resources and the necessary staffing to meet the objectives of Regulation (EU) No 1025/2012.

1.6. It insists that a detailed follow-up be carried out on the efforts made by the main standardisation players. The EESC could, as a priority, create an ad hoc forum on the inclusiveness of the European Standardisation System.

1.7. The Committee considers in general the 27 actions planned for 2018 to be appropriate but highlights the following aspects: — The Digital Single Market (DSM): The EESC expresses its concern because worldwide ‘de facto’ standards are often driven by non-EU industry giants with negative consequences; — New standards on ethanol: the EESC strongly recommends considering environmental protection; — The Committee welcomes especially the various actions aimed at significantly improving environmental and human health; — Standards on medical devices: the EESC suggests that cost effectiveness should also be considered; — Harmonisation of criteria on emissions in the transport sector: the EESC highlights the limited progress made since the first steps in 1995.

1.8. The EESC supports the Commission on international cooperation but would like to draw the Commission’s attention to the fact that a growing number of standards are now elaborated at international level without coordinated European input.

1.9. The EESC recommends that the European Standard Organisations (ESOs) should simplify the procedures for Annex III organisations to access the standards drafting process and as such ‘lower the barrier’ for effective participation.

1.10. The EESC welcomes the different Joint Initiative on Standardisation (JIS) actions but also proposes to consider the indirect effects of the standard-setting activities on issues such as dislocation of jobs, inclusiveness of society, education and training, etc.

2. The Commission proposals

2.1. The EU’s annual work plan addresses and echoes the challenges and considerations concerning standard essential patents, ICT standardisation, the international dimension of standardisation and automated vehicles.

2.2. The plan also reflects the Joint Initiative on Standardisation of June 2016 ( 1 )

2.3. Actions are set out in support of the following strategic priorities aimed at supporting relevant initiatives under the Commission Work Programme for 2017 and the standardisation needs for 2018 stemming from these initiatives: — The Digital Single Market (DSM) Strategy; — The Energy Union Strategy; — The European Space Strategy; — The EU Action Plan for the Circular Economy; — The European Defence Action Plan; — A deeper and fairer internal market with a strengthened industrial base.

2.4. The Commission will organise inter-institutional training to enhance legislators’ and co-legislators’ understanding of the use of standards in the implementation of legislation and policies.

2.5. It invites also the ESOs to maintain and intensify their efforts to facilitate the work of Annex III organisations and of all interested stakeholders, with a specific focus on their internal rules and procedures, and on work at international level, in particular within ISO and IEC.

3. General Comments

3.1. The EESC welcomes the 2018 annual work programme presented by the Commission, which covers social and key environmental issues, including the important topics of the circular economy, climate change and clean energies. It notes, however, that a summary should be included in future versions detailing the extent to which previous annual programmes have been achieved.

3.2. There is a need to streamline the platforms and mechanisms for coordination in the field of ICT to avoid duplicating efforts and a possible lack of coordination. All standardisation actions in this area should be incorporated into a single document.

3.3. Open standards are important for industrial and technological development in the EU. The Committee urges the Commission to prevent usage that is abusive and contrary to the principles of competition of the patent rules and of the closed source standards. In the case of standard essential patents, we support the principles of fair, reasonable and non-discriminatory (FRAND) licences.

3.4. The standardisation model places the EU as a world leader. The EESC highlights the work of the Commission in this area. The uniformity and consistency of the body of European standards is ensured through the underlying principle of ‘one standard, one test — accepted throughout Europe’. This provides businesses with investment, as well as legal and financial security.

3.5. Given the specific nature and importance of the European Standardisation System (ESS) for industry, SMEs, consumers and workers, the EESC calls on the Commission to maintain budgetary resources and staffing to meet the objectives of Regulation (EU) No 1025/2012.

3.6. The Committee calls for close monitoring of the efforts of the key standardisation players, in order to increase the inclusiveness of the ESS. The EESC could, as a priority, create an ad hoc forum on the inclusiveness of the ESS. This body would be responsible for organising an annual public hearing to evaluate the progress made in this regard.

3.7. Given the lack of a satisfactory response at the moment about the conclusion of the European Court of Justice in the James Elliott case ( 2 ) , which for the first time recognises that European standards are part of EU laws, the EESC stresses the importance of the Commission exercising its necessary power of control over standardisation work in close cooperation with the other European institutions, and ask for an interinstitutional discussion about this issue.

3.8. The EESC suggests the EC to examine the consultation process of the preliminary draft of the AUWP for consultation, because it provided no strategic outlook, no structure, no context, and no explanation of reasoning for proposals put forward.

4. Comments on the actions to be taken in 2018

A new boost for jobs, growth and investment

4.1. Establishment of standardised rules for the manufacture of fertilisers (including organic) (3)

The Committee has already observed that some definitions and standards concerning fertilisers originating from secondary raw materials are not clear. To improve implementation of the new regulation, the EESC recommends more thorough integration and harmonisation with the existing Directive on Waste (4) and remember also the importance of environmental considerations with fertilisers.

Digital Single Market (DSM)

4.2. Improving the quality of fixed and wireless mobile services (5)

4.2.1. Standardisation plays a role of unquestionable importance in this field and avoids fragmentation of the market which may produce anticompetitive practices ( 6 )

4.2.2. The EESC fully support the Commission on the DSM strategy but would like to point out that it has important consequences for the organisation of the European labour market as a growing number of ‘crowd workers’ are working for platforms in often very short-lived and ‘volatile’ employment relationships.

4.2.3. The digitalisation of industry is a worldwide trend that will only increase in the next few years. ICT standards are essential in the development of digital technologies across many industry sectors. Worldwide ‘de facto’ standards are however driven by non-EU industry giants.

4.2.4. The development of national, European or international standards by the official Standardisation Bodies (CEN, Cenelec, ETSI) takes too long for the rapidly changing digital technology. Businesses therefore develop their own standards — in much shorter time and with their own rules.

4.2.5. There is a risk that the development of standards will become non-transparent and exclusive.

4.3. Establishment of rules that facilitate the development of 5G technology in the 26 GHz band (24,25-27,50 GHz) and in other bands with higher wavelengths (7)

The EESC considers this action essential to maintaining the EU’s leadership in the implementation of 5G technologies.

4.4. Establishment of common standards for improving radio communication systems, exchanging passenger data and timetables and IT security (8)

The EESC suggests that technological changes and new business models emerging from tourism should also be normalised; likewise, that the development of integrated smart ticketing and information services should be promoted.

4.5. Interoperability and data exchange between operators to encourage more efficient transport and logistics services (9)

The Commission proposes ‘ancillary action’ on establishing standards. Nevertheless, it is important to remember the big challenges ahead in this industry given the present situation: ‘repeated data submission into different systems because of a mosaic of non-interoperable standards; lack of interconnected systems and insufficient confidence in the protection of sensitive data; e-transport documents not being recognised by authorities, banks, insurance companies; lack of a critical mass of stakeholders sharing data and exploring new business opportunities’ (10).

A resilient energy union with a forward-looking climate change policy

4.6. Creating new sensors and measurement methods for assessing ambient air quality (11) ; Monitoring emissions of ammonia (HN3), chlorine and chlorine dioxide into the atmosphere and emissions of hydrogen fluoride (or total emissions of gaseous fluorides) from industrial sectors (12) ; Protecting health against polycyclic aromatic hydrocarbons (13)

The Committee welcomes the proposed improvements, which contribute significantly to improving environmental and human health. The exposure of the general population to polycyclic aromatic hydrocarbons (PAHs), many of which are known carcinogens, has long been recognised as a matter of concern and there are several pieces of EU legislation which already limit the presence of these substances in certain food products, in water and in ambient air.

4.7. Eco-design: reduction in consumption of many products (computers, etc.) (14) ; energy-efficiency labelling of centralised systems (15) ; green infrastructure (16)

The EESC highlights the resilience of key EU infrastructure in the face of the inevitable impacts of climate change, and the slow response from the standardisation system to this important issue. Standards can increase the development of Green Infrastructure, contributing to improved resource efficiency in the building sector and better resilience to the impacts of climate change.

4.8. Developing standards for a 20/25 % ethanol blend in petrol (now 10 %) (17)

If the Commission decides to provide CEN with a mandate on this issue, the EESC strongly recommends considering: the ecological impacts of monoculture crop plantations; damage to water and soil from the application of pesticides and fertilisers; soil erosion; nutrient leaching; increased use of fresh water resources; loss of biodiversity and wildlife habitat (18).

4.9. Harmonisation of criteria on emissions in the transport sector (19)

According to the EESC, the Commission should make more specific proposals on this action, which is clearly needed. It is worth noting that the first step towards reducing emissions in the transport sector was taken in 1995 (20).

Internal market

4.10. Strengthening the role of the European Committee for Inland Navigation Standards (CESNI) (21)

Action is needed given the huge number of current requirements regarding short sea shipping (22), but the EESC considers the proposal should be more precise.

4.11. Roadmap for European Global Navigation Satellite System (EGNSS) downstream standardisation & implementation of roadmap and increasing the interoperability of Galileo services with the aviation market (23)

The EESC fully supports this proposal, noting that the global market for GNSS-based products and services — called ‘downstream’ market — was worth EUR 200 billion in 2013 (24).

4.12. E-Procurement (25)

Harmonisation is a key step towards democratising a market which is intended to be transparent and accessible, with a view to extensively deploying public funds. At the same time, it is important to keep costs low when creating, adjusting and maintaining existing platforms. Standardisation is therefore vitally important (26).

4.13. Developing standards for printers and other equipment (27)

The EESC agree on the need for new Harmonised Standards since consumers expects new and innovative products such as 3D printers, robots and autonomous vehicles to be as safe as more traditional products. It is imperative that new products do not pose a threat to consumer safety.

4.14. Updating safety and performance requirements for medical devices (28)

The EESC agrees with the Commission that the new Regulation ‘reinforces safety and performance requirements for medical devices, to keep pace with technological and scientific progress’. This is the main objective, but because new technology is the primary driver of rapidly rising healthcare expenditure, the EESC suggests that cost effectiveness should also be considered.

4.15. Updating safety and hygiene requirements for construction products in contact with drinking water (29)

The EESC regrets that, even after 10 years of discussion, European standards have yet to be developed in this area. The decision to modify the current mandate (M/136) (30) obliges standardisation bodies to provide the initial results by the end of 2018.

4.16. Support work on the essential requirements for unmanned aircraft systems (UAS) (31)

The EESC notes that there has been increasing public debate about the use of drone technology for recreational and commercial use, including its safety and security risks. International standards are critical in creating the global commercial market. It is vital that these standards bring about a globally harmonised airspace for routine UAS access that will expand commercial opportunities without compromising on safety and overall airspace efficiency. Critical standards that are currently being developed include ‘detect and avoid’, and ‘command and control’ (32).

4.17. Revision of the harmonised criteria on explosives for civil use (especially detonators) (33)

The aim of this action is to increase the safety of civil explosives, yet widely used products (in particular electronic detonators) are not covered at all by the existing harmonised standards. The Committee, of course, considers the proposal fully adequate.

4.18. Interoperability: new technical specifications for interoperability of the rail system (34)

The EESC welcomes this proposal as one more step along the long path towards railway integration in Europe; in this case, rolling stock standards for 1 520 mm track gauge favour the relationship with the European 1 435 mm track gauge.

4.19. Protection of workers’ health against risks from explosive atmospheres (ATEX) (35)

The EESC fully agrees with this, since the new ATEX Directive requires an update of the mandate according to the New Legislative Framework.

4.20. Improve safety of consumers (36)

The EESC hopes the new standards comply with the principle that consumer protection requires that the goods and services made available to consumers do not, when used in normal or foreseeable circumstances, endanger the health of consumers, and, where they do, that they be withdrawn from the market by means of fast, simple procedures (37).

Area of justice and fundamental rights

4.21. Standardisation: Establish requirements of detection devices for protection from terrorist attacks (in areas other than aviation) (38)

While it fully endorses this action, the EESC stresses that cooperation between the EU and the USA is essential, given that both are suffering from the scourge of terrorism (39). It is worth addressing, inter alia, issues relating to cybersecurity and threats that are specific to the transport sector.

The EU as a stronger player on the international stage

4.22. Development: Support Member States’ efforts to develop joint European defence capabilities (minimum standards) (40)

The EESC, while waiting to learn more about the study that is being prepared by the Commission and its subsequent decision, supports the development of common standards both for arms and for dual-use items, while avoiding duplicating existing standards, in particular NATO standards (41).

5. International cooperation

5.1. The EESC support the Commission’s initiative to intensify its policy dialogue with the international standardisation actors, but would like to draw its attention to the fact that a growing number of standards are now elaborated at international level without coordinated European input.

5.2. This internationalisation of standard setting has consequences: societal stakeholders, SMEs and market surveillance authorities can no longer participate as they do not have sufficient resources to actively influence the international standard-setting scene.

5.3. As these international standards can be directly taken over at national level, bypassing the ESO’s involvement, there is a growing risk of de-harmonisation of the internal market.

6. Inclusiveness

The EESC welcomes the Commission’s actions to monitor the progress of the implementation of a genuinely inclusive European standardisation system. The EESC strongly encourages the ESOs to simplify the procedures for Annex III organisations to get access to the standards drafting process and as such ‘lower the barrier’ to effective participation.

7. Delivering the Joint Initiative on Standardisation (JIS)

7.1. The EESC welcomes the different JIS actions. Regarding an ‘EU-level Study on the economic and societal impacts as well as access to standards in the EU and the EFTA Member States’; it also proposes considering the indirect effects of the standard-setting activities, with a focus on issues such as dislocation of jobs, inclusiveness of society, education and training, etc.

7.2. The EESC welcomes the initiatives to speed up the standard-delivering process, but is concerned that it comes to the detriment of reduced ‘visibility’ of the preparatory work that leads to standards.

Brussels, 17 January 2018. The President of the European Economic and Social Committee Georges DASSIS

(1) COM(2015) 550 final.

(2) C-613/14 — James Elliott Construction.

(3) COM(2016) 157 final.

(4) OJ C 389, 21.10.2016, p. 80.

(5) COM(2016) 176 final.

(6) BEREC (Body of European Regulators for Electronic Communications) Report on Enabling the Internet of Things, 12.2.2016.

(7) Directive 2014/53/EU (OJ L 153, 22.5.2014, p. 62).

(8) Directive (EU) 2016/797 (OJ L 138, 26.5.2016, p. 44).

(9) COM(2011) 144 final, COM(2009) 8 final, COM(2013) 913 final, SWD(2013) 524 final, C(2015) 2259 final.

(10) See Digital Transport and Logistics Forum — Background, 2015.

(11) Directive 2008/50/EC (OJ L 152, 11.6.2008, p. 1); Directive 2004/107/EC (OJ L 23, 26.1.2005, p. 3).

(12) Directive 2010/75/EU (OJ L 334, 17.12.2010, p. 17).

(13) Regulation (EC) No 1907/2006 (OJ L 396, 30.12.2006, p. 1).

(14) Directive 2009/125/EC (OJ L 285, 31.10.2009, p. 10).

(15) Directive 2009/28/EC (OJ L 140, 5.6.2009, p. 16);

COM(2016) 767 final.

(16) COM(2013) 249 final; COM(2013) 216 final; COM(2014) 445 final.

(17) Directive 2009/28/EC (OJ L 140, 5.6.2009, p. 16).

(18) Project: Biofuel Marketplace. May 2006.

(19) Directive 2003/87/EC (OJ L 275, 25.10.2003, p. 32).

(20) COM(95) 302 final.

(21) Directive (EU) 2016/1629 (OJ L 252, 16.9.2016, p. 118).

(22) European Standard laying down Technical Requirements for Inland Navigation vessels. Edition 2015/1.

(23) COM(2016) 705 final.

(24) Galileo Services Position Paper on the main priorities of the Horizon 2020 Space Work Programme 2018-2020.

(25) COM(2013) 453 final; Public Procurement Directives (2017/24/EU); COM(2015) 0192 final.

(26) OJ C 67, 6.3.2014, p. 96.

(27) Directive 2006/42/EC, Directive 95/16/EC (recast) (OJ L 157, 9.6.2006, p. 24).

(28) Regulation (EU) 2017/745 (OJ L 117, 5.5.2017, p. 1); Regulation (EU) 2017/746 (OJ L 117, 5.5.2017, p. 176).

(29) Regulation (EU) No 305/2011 (OJ L 88, 4.4.2011, p. 5); Council Directive 98/83/EC (OJ L 330, 5.12.1998, p. 32).

(30) Revised mandate for CEN/Cenelec.

(31) COM(2015) 613 final.

(32) ISO. How standards will target the drone industry.

(33) Directive 2014/28/EU (OJ L 96, 29.3.2014, p. 1).

(34) Directive (EU) 2016/797 (OJ L 138, 26.5.2016, p. 44).

(35) Directive 2014/34/EU (OJ L 96, 29.3.2014, p. 309).

(36) Directive 2001/95/EC (OJ L 11, 15.1.2002, p. 4).

(37) OJ C 271, 19.9.2013, p. 81.

(38) COM(2014) 247 final; COM(2015) 624 final; COM(2012) 417 final.

(39) The Benefits of U.S.-European Security Standardisation. National Institute of Standards and Technology. U.S. Department of Commerce, June 2012.

(40) COM(2016) 950 final.

(41) OJ C 288, 31.8.2017, p. 62.