WRITTEN QUESTION E-1743/97 by Jaak Vandemeulebroucke (ARE) to the Commission (23 May 1997)

Subject: Language versions and enforceability of CEN/Cenelec European standards

CEN/Cenelec is a European company subsidized by the European Union which lays down European standards in a number of industries.

Businesses have to comply with these European standards. But these European standards apparently exist in only three language versions, French, English and German.

As a result, businesses that operate in other language areas have to work with standards that are drawn up in a language other than the working language of the firm. This is discrimination in relation to businesses which do use one of the above three languages as their working language.

In Belgium, the Law of 31 May 1961 on the use of languages in legislative matters, the drafting, publication and implementation of laws and regulations (BS 21.6.1961) was enacted in 1961. One of the purposes of this law is to ensure that all legislation in Belgium is published in both Dutch and French. If the standards adopted by CEN/Cenelec impose legal obligations on Belgian firms, it is only fair that such standards should also be published in Dutch.

1. On the basis of what provisions is the CEN/Cenelec company entitled to adopt European standards?

2. To what extent are such standards legally enforceable?

3. Does the Commission agree that if such standards are legally enforceable, they must be distributed in all official languages used within the European Union, just like the text of European directives, regulations or other provisions?

4. Does the Commission take the view that the standards laid down by CEN/Cenelec should, or should not, comply with Belgian language law?

Answer given by Mr Bangemann on behalf of the Commission (10 July 1997)

1. In principle, the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) draw up standards only if businesses express an interest in having a certain degree of standardisation. Standardisation amounts to self-regulation by the business community.

CEN and Cenelec are international associations subject to Belgian law. The members are the national standards institutes of all Member States and EFTA countries. The Czech standards institute also recently became a CEN member. Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations ((OJ L 109, 26.4.1983. )), as last amended by Council Directive 94/10/EC ((OJ L 100, 19.4.1994. )), formally recognises CEN, Cenelec and, in the field of telecommunications, ETSI (European Telecommunications Institute) as European standards institutions.

2. Standards are drawn up by private bodies and are not legally enforceable. In some cases, the European and national legislators attach legal consequences to the use of standards.

3. - 4. The internal rules of procedure of CEN and Cenelec require their members to include European Standards, once they have been adopted, in the body of national standards. Any conflicting national standards in the same field must be withdrawn and no further standards may be issued. The language in which CEN and Cenelec members issue the European Standard as a national standard is at their discretion and subject to national legislation. Standards except those relating to information and communications technology are normally made available by the national standards institutes in the relevant national languages. The fact that CEN and Cenelec members are obliged to adopt European Standards nationally does not necessarily mean that users are obliged to apply them.