8. 7. 85 .Official Journal of the European Communities NoC 169/15 
Opinion on 'Technical harmonization and standards: a new approach' 
(85/C 169/08) 
On 14 February 1985 the Commission of the European Communities decided to consult the 
Economic and Social Committee under Article 198 of the Treaty establishing the European Economic 
Community on 'Technical harmonization and standards: a new approach'. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing 
the Committee's work on the subject, adopted its opinion on 10 April 1985 (rapporteur: 
Mr Pearson). 
At its 226th plenary session (meeting of 25 April 1985) the Economic and Social Committee adopted 
the following opinion by 52 votes for, 39 against and one abstention (vote recorded): 
1. Introduction 
1.1. The Committee approves the new approach 
proposed by the Commission to overcome the difficulties 
involved in removing technical barriers to trade. The present 
system clearly has not worked as effectively as it should have. 
As a result the Community's internal market is far from 
complete. 
1.2. The proposed system of legislative harmonization 
should lessen the production of excessively detailed 'product 
by product' Directives, and permit a further important step 
forward with the removal of legally founded technical 
barriers to trade. This is of vital significance for the creation 
of a strong internal market. The Committee finds it 
unacceptable that progress in this field has been subject to 
such long delays in the Council. It calls on the Council to give 
full support to the implementation at both national and 
Community level of this new more practical approach. 
1.3. For growth in the economy, a complete environment 
is required, including elements such as: freedom of 
movement of goods within the internal market, harmonized 
taxation, capital transfer. Technical harmonization is one 
element in such an environment, which needs to be developed 
rapidly if the European Community is to reach the levels 
achieved by major competitors. 
2. General comments 
2.1. The Committee notes that the proposed 
harmonization measures will all come within the ambit of 
Article 100 of the Treaty of Rome, but foresees a risk of 
conflict between the implementation of European standards 
and the continued use of voluntary standards in practice in 
Member States. The stress on the guarantee of quality of 
products produced within the ambit of the Directives is 
welcomed, as well as the obligation on Member States to accept products manufactured within the Community in 
accordance with the essential requirements laid down by 
Community legislation. 
2.2.1. The Committee notes that hitherto priority for EC 
legislation in this field has been given to harmonization in 
relation to motor vehicles, metrology and electrical products. 
This has led to a considerable degree of standardization in 
these fields but it is hoped that in now giving priority to 
mechanical engineering, building materials and certain types 
of electrical equipment, which the Committee approves, the 
earlier subjects will be not neglected. The Committee would 
furthermore stress that the new strategy should not lead to 
jettisoning of the old approach, which has achieved 
satisfactory standardization results, to these sectors. 
2.2.2. Under the Commission's new approach, the 
Committee understands that the Council will have to adopt 
Directives to establish a general safety policy for products 
placed on the market or produced by firms. 
2.3.1. Under the new approach as noted above, special 
emphasis will be placed on safety and health provisions 
which will be laid down in Directives. It is particularly 
important that these provisions be precisely formulated so 
that they are enforceable in law; the idea would be to prevent 
the decision from being made outside the normal democratic 
and social process that is followed in the case of Directives 
but not when standards are being drawn up. 
2.3.2. The Committee also considers that where 
customers' and / or workers' interests are at stake in the laying 
down of standards, representatives of the groups in question 
must be effectively involved in the elaboration of the 
standards of CEN and Cenelec. 
2.4. The title on page 21, paragraph 3 (c) should be 
changed as 'Electrical appliances' defined as 'industrial 
products, especially in information technology, and 
electromedical equipment' is misleading and inaccurate. 
NoC 169/16 Official Journal of the European Communities 8. 7. 85 
2.5. Care must be taken not to create a situation which 
may give a preponderance to an industry in one Member 
State, leading to abuse of a dominant position. 
2.6. Concern has been expressed at the position of 
European standards vis-a-vis external competition. A series 
of unified standards is necessary for the growth of the 
internal market and maximum participation from all 
Member States. At the same time, the multiplicity of 
standards within the Community can make it more difficult 
for external competitors to place their products on the 
Community market. The Committee maintains, however, 
that harmonization should not be delayed within the EEC on 
such grounds, and should be encouraged world-wide on the 
basis of reciprocity. To this end, the Committee trusts that 
the Commission will consider what further steps to take 
towards non-member countries which take unfair 
advantage, without offering reciprocity, of the scope for 
penetrating the Community market offered by intra-EEC 
standardization. 
2.7.1. Mutual recognition of certification is the most 
important element for the practical application within the 
Community of trade freed from technical barriers. It is 
moreover the keystone of the new approach proposed by the 
Commission. The mutual recognition of testing authorities 
in each Member State, capable of certifying products as in 
compliance with European standards or that of a Member 
State, needs therefore to be implemented without further 
delay. 
2.7.2. The Commission should undertake a study into 
existing systems for issuing marks of conformity, and present 
proposals to increase the transparency of such systems and 
improve procedures for monitoring products on the 
market. 
2.8.1. To clarify the uncertainty as to where the legal 
liability for defective products rests in relation to 
certification, the Committee suggests that a legal document 
be drawn up which clearly states by whom the responsibility 
Done at Brussels, 25 April 1985. for compensation must be accepted. A European 
Community Regulation might be the most suitable 
instrument. 
2.8.2. Similarly, the new approach in the area of 
harmonization will probably increase the problems arising 
out of the fact that there are different systems of product 
liability in the Community. The Committee urges the 
Council to take decisions soon on the product liability 
Directive, which is so important for the safety and health of 
the consumer. 
2.9. The Committee recognizes that there are a very large 
number of Committees concerned in the area of 
standardization at European and national levels, involving 
significant research and substantial funding. It is important 
that all existing European standards (downstream) are 
implemented in each Member State, and that harmonization 
of all new relevant standards (upstream) be carried out with 
maximum clarity. The market for new products needs to be 
prepared by information on the new 'upstream' standards so 
that maximum utilization can be attained. The Community 
must provide funding for mandates given by the Commission 
to CEN/Cenelec including the costs of national committee 
participation. 
3. Concluding comments 
3.1. The Committee is pleased to note that the 
Committee will be asked for its opinion on all the new 
Directives as they will come within Article 100 of the Treaty 
of Rome. 
3.2. The Committee reiterates its belief that there needs 
to be greater commitment by all concerned to the removal of 
technical barriers to trade. It considers the number of 
Directives blocked in the Council, and Directives 
inadequately implemented in Member States, to be 
unacceptable and a considerable hindrance to the 
establishment of a strong internal market, for the 
Community. 
The Chairman 
of the Economic and Social Committee 
Gerd MUHR 
8. 7. 85 Official Journal of the European Communities No C 169/17 
APPENDICES 
to the opinion of the Economic and Social Committee 
APPENDIX 1 
I. VOTING 
A roll-call vote was taken on the opinion as a whole. The following members, present or represented, voted for the 
opinion: 
Messrs Arena, Bagliano, Bernasconi, Binnenbruck, de Caffarelli, Campbell, Ceyrac, De Bievre, De Bruyn, De 
Tavernier, Eelsen, Emo Capodilista, Fortuyn, Fuller, Goris, Mrs Gredal, Messrs Hannon, Hemmer, Hilkens, 
Jaschick, Kelly, Kenna, Lauga, Law, Low, Margot, Marvier, Masprone, Noordwal, de Normann, Paggi, Pearson, 
Pelletier, Plank, Poeton, Querleux, Regaldo, Romoli, Roseingrave, Schwarz, Stahlmann, Storie-Pugh, Mrs 
Strobel, Messrs Swift, Tamlin, Van der Mensbrugghe, Van Melckenbeke, Ventejol, Mrs Williams, Messrs de Wit, 
Zinkin, Zoli. 
The following members, present or represented, voted against the opinion: 
Messrs Amato, Beretta, Boddy, Cavazzuti, Cremer, Curlis, Dassis, De Grave, d'Elia, Delia Croce, Delourme, 
Drago, Dunet, Mrs Engelen-Kefer, Messrs Etty, Flum, Glesener, van Greunsven, Hammond, Houthuys, Jarvis, 
Jenkins, Kirschen, Lojewski, Masucci, Meraviglia, Milne, Murphy, B. Nielsen, P. Nielsen, van Rens, Schneider, 
Schoepges, L. Smith, Spijkers, Tixier, Saiu, Vercellino, Mrs Weber. 
The following members, present or represented, abstained: 
Mr Ognibene. 
APPENDIX 2 
DEFEATED AMENDMENTS 
The following amendment, based on the Section opinion and tabled in accordance with the Rules of Procedure, 
was defeated during the discussion: 
Point 2.7. 
Delete the last sentence and replace by: 
'The Community should set up a tripartite standardization body for preparing draft security standards. Until 
this body is set up, it should be ensured that all interested parties (and especially manufacturers, workers and 
consumers) participate in the proceedings of CEN and Cenelec' 
Reasons 
The present make-up of the bodies belonging to CEN/Cenelec is not conducive to the preparation of safety 
standards which are acceptable to workers and consumers. 
Voting 
For: 33, Against: 38, Abstentions: 17 
MINORITY STATEMENT: 
After the recorded vote on the whole of the opinion, the members of Group of Workers (Group II) who voted 
against the opinion, issued the following minority statement: 
'While perhaps not finding favour with everyone as yet, the idea of a European standardization body is 
receiving increasing support, especially from certain Member States and the Commission. 
NoC 169/18 Official Journal of the European Communities 8. 7. 85 
The Workers' Group thinks that the Economic and Social Committee could play its part by proposing a 
formula which would involve the representatives of the social interest groups effectively in the preparation of 
standards. The solution proposed by some of granting voting rights to observers would represent only limited 
progress. When standards are discussed the industrial sector concerned sends its delegates to the meetings (for 
example: when toys are under discussion the toy manufacturers are present). But the case is not the same for the 
workers' and consumers' organizations. There are few people who understand toys and lifts and tractors, etc. 
The preparation of standards will not be improved by giving them a vote. There must be a body administered, 
co-administered, by the social interest groups.' 
Since the present make-up and procedures of the bodies belonging to CEN/Cenelec are not conducive to the 
preparation of safety standards which are acceptable to workers and consumers, Group II proposed the 
amendment mentioned in Appendix 2.