WRITTEN QUESTION E-2269/97 by Amedeo Amadeo (NI) to the Commission (2 July 1997)

Subject: Technical standards and regulations

The Commission has submitted a communication to the European Parliament, the Council and the Economic and Social Committee concerning regulatory transparency in the internal market for information society services, together with a proposal for a European Parliament and Council directive amending for the third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations (COM(96) 392 final - 96/0220 COD) ((OJ C 307, 16.10.1996, p. 11. )).

The Commission communication and proposal for a Council directive are designed to introduce an information and consultation procedure at Community level on any future draft rules in the field of information society services.

The services, which cover a wide range, are continually expanding in number. They include in particular electronic newspapers, teaching services, remote selling of tourist services, electronic sales of goods and services, legal and medical advice, interactive games, entertainment, etc.

The development of these services is not occurring in a legal void at present, since the provisions on the internal market laid down in Article 52 (right of establishment) and Article 59 (free movement of services) of the Treaty, and the secondary legislation based on these articles, already provide a basic legal framework. However, the wide variety of activities undertaking in this area at national and Community level in the form of research and study group reports would indicate that existing national regulations applicable to existing services clearly need to be adjusted to take account of the specific characteristics of these new information society services.

With this in mind, will the Commission ensure that national and regional authorities are involved in the development of the information society?

Joint answer to Written Questions E-2268/97, E-2269/97, E-2270/97 and E-2271/97 given by Mr Monti on behalf of the Commission (20 October 1997)

The proposal for a Directive on a regulatory transparency mechanism for information society services, together with the accompanying communication, was adopted by the Commission with the aim of introducing a system for information exchange and administrative cooperation between Member States on future national draft rules and regulations governing those services.

To this end, the Commission proposes extending the scope of the present Directive 83/189/EEC, which establishes procedural rules on technical standards and regulations in relation to goods.

As it is concerned solely with procedure, the proposal does not in any way affect national competences and does not aim to introduce new rules on the above services. It is not its role or its purpose to address and define in substance such matters as the development of programmes to facilitate access to those services and how they should be used, or the establishment of information centres for interested economic operators or individuals. Such questions could be considered, if necessary, as part of specific studies.

As pointed out by the Honourable Member, the specific aim of the proposal is instead to lay down procedural rules for notifying the national (central or regional) authorities in good time and involving them actively in the drafting of future regulatory initiatives on information society services.

The Commission will also be involved in analysing future national plans for information society services since, as the Honourable Member himself rightly points out, they cover a very wide range of activities including distance teaching, electronic publications, on-line tourism, electronic commerce, on-line professional services, and interactive games and entertainment.

It should also be pointed out that, under Article 11 of the Directive, the Commission will report every two years to Parliament and the Economic and Social Committee on the application of the Directive and statistics will be published on an annual basis in the Official Journal on the notifications received pursuant to the Directive concerning information society services (in addition to those relating to technical standards and regulations for goods).

Once this new version (the third) of Directive 83/189/EEC has been adopted by Parliament and the Council, the Commission will be able to begin the process of consolidating the entire text of the future Directive in accordance with its existing proposal for the consolidation of the present Directive ((COM(96) 642 final (OJ C 78 12.3.1997). )) following the two earlier amendments.