EN Official Journal of the European Union C 132/27

STATISTICS RELATING TO TECHNICAL REGULATIONS NOTIFIED IN 2007 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)

(Text with EEA relevance)

(2008/C 132/07)

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 COM EFTA (4) TR (5) Member State COM 9(3) (6) 9(4) (7) Belgium 48 7 10 0 0 2 3 1 0 Bulgaria 4 0 1 0 0 0 1 0 0 Czech Republic 24 13 4 0 0 1 3 1 1 Denmark 38 15 4 0 0 1 4 0 0 Germany 83 17 27 0 0 5 5 2 1 Estonia 11 2 2 0 0 0 0 0 0 Ireland 14 6 2 0 0 1 0 0 0 Greece 4 0 3 0 0 0 3 0 0 Spain 35 9 8 0 0 1 4 1 0 France 58 17 12 0 0 3 10 2 2 Italy 20 6 4 0 0 4 4 0 0 Cyprus 0 0 0 0 0 0 0 0 0 Latvia 8 0 1 0 0 0 2 0 0 Lithuania 6 3 3 0 0 1 2 0 0 Luxembourg 2 0 2 0 0 0 1 0 0 Hungary 12 2 3 0 0 1 0 0 0 Malta 0 0 0 0 0 0 0 0 0 Netherlands 63 11 9 0 0 5 3 0 0 Austria 48 3 5 0 0 0 1 0 0 Poland 50 22 6 0 0 7 10 0 0 Portugal 3 2 0 0 0 0 0 0 0 Romania 5 0 2 0 0 1 3 0 0 Slovenia 8 3 3 0 0 1 2 0 0 Slovakia 12 4 2 0 0 0 1 0 0 Finland 39 11 2 0 0 4 0 0 0 Sweden 64 8 13 0 0 0 1 0 0 United Kingdom 51 6 8 0 0 1 3 0 0 EU Total 710 167 136 0 0 39 66 7 4

II. Breakdown by sector of drafts notified by EU Member States

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 1 2 8 0 5 24 1 2 1 3 8 2 0 1 1 3 0 2 33 0 1 1 1 5 32 8 0 145 Foodstuffs and agricultural products 4 0 8 0 6 5 1 1 0 5 21 7 1 1 0 1 0 16 0 5 0 0 2 2 1 11 13 111 Chemicals 7 0 1 0 4 1 0 0 0 1 2 4 0 0 0 0 0 2 0 1 0 1 0 0 2 4 0 30 Pharmaceuticals 0 0 1 0 0 4 0 6 0 0 2 1 0 1 0 1 0 0 0 1 0 1 0 0 0 3 2 23 Domestic and leisure equipment 2 1 0 0 0 5 0 0 0 4 1 0 1 0 0 0 0 2 2 0 0 0 1 0 0 5 7 31 Machinery 3 1 0 0 0 0 5 1 0 6 3 0 0 0 0 1 0 4 0 25 2 0 1 1 1 0 1 55 Energy, ores, wood 7 0 2 0 1 3 0 0 0 2 0 1 0 0 0 1 0 2 1 2 0 1 0 1 0 1 1 26 Environment, packaging 16 0 0 0 2 6 1 1 0 2 3 0 3 0 0 1 0 11 0 9 0 1 2 2 0 2 2 64 Health, medical equipment 2 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 1 0 0 0 0 0 2 0 7 Transport 2 0 3 0 9 4 0 2 1 3 4 0 0 0 0 3 0 2 2 1 0 0 0 1 0 19 15 71 Telecommunications 2 0 0 0 4 29 1 1 2 8 9 0 0 2 1 0 0 5 4 0 0 0 1 0 1 3 8 81 Miscellaneous products 2 0 0 0 0 1 2 0 0 1 2 0 3 0 0 1 0 10 2 1 0 0 0 0 2 1 1 29 Information society services 0 0 1 0 7 1 0 0 0 0 3 4 0 1 0 0 0 6 4 4 0 0 0 0 0 5 1 37 Total per Member State 48 4 24 0 38 83 11 14 4 35 58 20 8 6 2 12 0 63 48 50 3 5 8 12 39 64 51 710

III. Observations relating to drafts notified by Iceland, Liechtenstein, Norway (8) and Switzerland (9)

Country Notifications EC Observations (10) Iceland 6 2 Liechtenstein 1 0 Switzerland 12 3 Norway 21 5 Total 40 10

IV. Breakdown by sector of drafts notified by Liechtenstein Iceland, Norway and Switzerland

Sector Iceland Liechtenstein Norway Switzerland Total Building and construction 0 1 1 0 2 Foodstuffs and agricultural products 2 0 4 4 10 Chemicals 0 0 2 0 2 Pharmaceuticals 0 0 1 0 1 Domestic and leisure equipment 1 0 0 0 1 Machinery 0 0 2 1 3 Energy, ores, wood 1 0 0 1 2 Environment, packaging 0 0 1 2 3 Information society services 0 0 2 0 2 Transport 0 0 5 0 5 Telecommunications 0 0 1 3 4 Miscellaneous products 2 0 2 1 5 Total per country 6 21 12 1 40

V. Drafts notified by Turkey and comments on these drafts

Turkey Notifications EC Comments Total 2 1

VI. Distribution by sector of drafts notified by Turkey

Sectors Turkey Building and construction 1 Machinery 1 Total 2

VII. Statistics on infringement procedures ongoing in 2007 and initiated under Article 226 of the EC Treaty against national technical regulations adopted in breach of the provisions of Directive 98/34/EC

Country Number Italy 5 France 2 Germany 2 EU Total 9

(1) Directive 98/34/EC (OJ L 204, 21.7.1998, p. 37) consolidates Council Directive 83/189/EEC, as amended principally by Directives 88/182/EEC and 94/10/EC of the European Parliament and of the Council. Directive 98/34/EC was amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18) 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) The 98/34 procedure was extended to Turkey in the context of the Association Agreement concluded with that country (Association Agreement between the European Economic Community and Turkey (OJ 217, 29.12.1964, p. 3687)) and Decisions No 1/95 and No 2/97 of the EC-Turkey Association Council.

(6) Article 9(3) of the Directive requiring Member States to postpone the adoption of a notified draft (except for draft regulations concerning services) for twelve months from receipt by the Commission if the latter announces its intention to propose or adopt a Directive, Regulation, or Decision on the matter.

(7) 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.

(8) 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.

(9) 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.

(10) 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).