REPORT FROM THE COMMISSION ON THE OPERATION OF DIRECTIVE 83/189/EEC IN 1992,1993 AND 1994
Date: 1996-06-26
Institutions: European Commission
Subjects: application of EU law, exchange of information, single market, standardisation, technical regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

* 
•k 

it 
-fc-

Brussels,  26.06.1996 
COM(96) 286 final 

REPORT  FROM  THE COMMISSION 

ON THE OPERATION OF DIRECTIVE 83/189/1 EC 
IN 1992,1993 AND 1994 

SUMMARY 

The present  report,  which  relates  to  the  application  of  Directive  83/189/EEC  in  1992,  1993 
and  1994,  provides  background  information  for  the  European  Parliament  as  provided  by 
Article  11.2 of Directive 83/189/EEC, amended by Directive 88/182/EEC. 

Directive  83/189/EEC,  which  was  aimed  at  preventing  the  appearance  of  barriers  to  the 
operation  of  the  Internal  Market,  proved  to  be  a  basic  instrument  for  the  realization  of  the 
Internal  Market  through  the  promotion  of  co-operation  between  the  Member  States  and 
through the detection of fields in which joint action was revealed to be necessary. 

The report upon the operation of this instrument  in  1992,  1993 and  1994 is divided  into three 
chapters: 

1.  The information  procedure for standards : 

This chapter relates to the information  procedure for standards, as provided by Articles 2 to 7 
of Directive  83/189/EEC.  After  a brief description  of the procedure,  its operation  during the 
years from  1992 to  1994 is explained,  together  with  an analysis  of the  statistics.  The  report 
also discusses the quality of the notifications,  the use of the information  at various  levels and 
the  issue  of  authorizations  to  the  European  standards  institutes,  namely  the  European 
Committee  for  Standardization  (CEN),  the  European  Committee  for  Electro-technical 
Standardization 
for  Telecommunications 
the  European 
Standardization  (ETSI).  The  short  and  medium-term  improvement  connected  with  the 
revised procedure is also analyzed. 

(CENELEC),  and 

Institute 

2. 

Information  procedure in the field of technical regulations : 

This chapter outlines the development  of the procedure provided  by Directive  83/189/EEC in 
the  field  of  national  technical  regulations.  It  examines  the  flow  of  exchanged  information, 
particularly  problems  of  application  and  the  various  reactions  by  the  Commission  and  the 
Member States, in addition to the various responses to the procedure. 

3.  The  exchange  of  information  on  technical  regulations  between  the  EEC  and  the 

EFTA countries. 

This  chapter  analyzes  the  exchange  of  information  provided  by  the  Agreement  between  the 
Member  States of EFTA  and the European  Economic  Community,  which  set up a procedure 
for  the  exchange  of  information  in  the  field  of  technical  regulations  (Council  Decision 
90/518/EEC), an Agreement which was concluded for a period of two years.  This Agreement 
expired  on  1st  November  1992.  It  was  extended  for  the  period  from  November  1992  to 
December  1993 by bilateral agreements in the form of an exchange of letters. 
In  1994, the  EEA  Agreement  came  into  force.  This  Agreement  contains  the  provisions  of 
Directive 83/189/EEC, adapted in Section XIX of Annex II. 

As  far  as the  Swiss  Confederation  is concerned,  although  not  part  of  the EEA  Agreement  it 
continues to take part in exchanges of information  with the Community,, 

2 

REPORT BY THE COMMISSION ON THE OPERATION OF DIRECTIVE 
83/189/EEC 
IN 1992,1993 AND 1994 

Introduction 

1. 

This  report  on  the  operation  of  Directive  83/189/EEC  in  1992,  1993  and  1994 
contains  the  information  for  Parliament  called  for  by  Article  11(2)  of  Directive 
83/189/EEC, as amended by Directive 88/182/EEC. 

The  free  movement  of  goods  is  a  cornerstone  of  the  Internal  Market  and  the 
elimination  of technical  barriers to trade is a major  condition  for  its proper  operation. 
Only transparency  can enable barriers to the free movement of goods to be dealt  with 
swiftly.  A notable example of an instrument which enables the Community to avoid -
a'fter the realization  of the Internal  Market per  1.1.1993 and the coming  into  force  of 
the  European  Economic  Area  -  the  introduction  of  new  barriers  by  means  of  a 
procedure  which  ensures  transparency,  is  Directive  83/189/EEC  which  requires  the 
notification  of technical legislation or standards which could have implications for the 
free movement of goods. 

A proposal to amend the Directive in order to fill gaps in its coverage was put  before 
the Council  and the European  Parliament at the end of  1992, which has been  adopted 
unanimously  after  long  and  intensive  debates  on  23rd  March  1994  (Directive 
94/10/EC amending for a second time Directive  83/189/EEC).  It will enter  into  force 
on  1st July 1995. 

This report on the operation of this mechanism in  1992, 1993 and  1994 is divided  into 
the following  chapters : 

the information procedure for standards (Chapter I); 

the information  procedure in the field of technical regulations 
(Chapter II); 

the  Agreement  on  the  exchange  of  information  in  the  field  of  technical 
regulations between the EEC and the EFTA countries (Chapter III). 

CHAPTER 1 
THE INFORMATION PROCEDURE FOR  STANDARDS 

Introduction 

5. 

The present chapter relates to the information  procedure  for  standards  as provided  by 
Articles 2 to 7 of Directive 83/189/EEC.  After  a brief description of the procedure, its 
operation  during the years  from  1992 to  1994 is explained,  together  with  an  analysis 
of the  statistics.  The  report  also  discusses  the  quality  of the  notifications,  the  use of 
information  at various levels and the issue of authorizations to the European  standards 
institutes, namely  the  European  Committee  for  Standardization  (CEN), the  European 
Committee  for  Electro-technical  Standardization  (CENELEC),  and  the  European 
Institute  for  Telecommunications  Standardization  (ETSI).  This Chapter  ends with an 
analysis  of  the  short  and  medium-term  improvement  connected  with  the  revised 
procedure. 

A Brief Description of the Procedure 

6. 

In practice, the information  procedure for  standards began on  1st January  1985.  Since 
then  the  national  standards  institutes,  members  of  the  CEN  and  of  the  CENELEC 
(including those of the EFTA countries) have notified  the necessary  information  to the 
Central  Unit  of  the  CEN/CENELEC  (a  unit  which  is  responsible  to  the  Central 
Secretariats  of the CEN and the CENELEC).  The notifications  relate to  amendments 
made to the national standardization programmes, namely : 

new projects undertaken (cf.  Article 2 of the Directive), 
projects for public screening (cf.  Article 4 of the Directive), 
the adoption of national standards (cf.  Article 2 of the Directive). 

The  information  gathered  is sent  periodically  to  all the members  of the  CEN and  the 
CENELEC,  who  are  responsible  for  distributing  them  to  the  sectors  concerned  in 
order  to  gain  reactions.  The  information  is  also  examined  by  the  competent 
authorities  within  the  CEN  and  the  CENELEC  (Central  Secretariats,  Planning 
Committees, etc) as well as by the Commission departments. 

Following  the  Commission's  proposal  of  28th  November  19921  regarding  the 
amendment  of  Directive  83/189/EEC,  aimed  at  making  the  information  procedure 
more  efficient,  the  CEN  and  the  CENELEC  have,  since  the  beginning  of  1993, 
already  introduced  some  of  the  measures  set  out  in  this  proposal.  As  a  result, 
notifications  made  since  1st  January  1993  have  been  limited  to  new  projects 
undertaken on a national level. 

O.J.E.C.C 340 of 23.12.1992 

Appropriate  annual  contracts were concluded  between the European  Commission  and 
the CEN  and  CENELEC  in order to  cover the  technical  operation  of the  information 
procedure for standards. 

It  being  given  that  the  European  Institute  for  Telecommunications  Standardization 
(ETSI) was included  in the Annex to Directive  83/189/EEC, though a Decision by the 
Commission  of  15th  July  19922,  this  institute  should  automatically  take  part  in  the 
information  procedure  for  standards. 
In  practice,  this  participation  is  limited  to 
receiving  and  examining  information  sent  by  the  members  of  the  CEN  and 
CENELEC, which  is forwarded  by the Central  Secretariats  of these two institutes.  In 
fact,  the ETSI is not comprised  of national  standards  institutes, under the terms of the 
definition  in Article  1  of Directive  83/189/EEC. 

relating 

to  drawing  up 

technical  specifications 

Infomiation 
in  the  field  of 
telecommunications  on  a  national  level  is  conveyed,  in  principle,  either  via  the 
information  procedure in the field of technical regulations in the case of legislation, or 
via  the members  of the  CEN and  the  CENELEC  with  regard  to the  voluntary  sector. 
Despite the fact  that there is no procedure within the ETSI  for  notifying  new national 
standardization projects, it can be assumed that these projects  should be limited,  since 
the  ETSI  programmes  cover  a wide  range  of  subjects,  and  the  internal  standstill  rule 
applies to each one of them. 

The present chapter of the report is therefore  solely concerned 
ith operations  notified 
by the members of the CEN and the CENELEC, these institute;  ^eing indexed  in I  st 
2 of the Annex to Directive 83/189/EEC. 

The operation of the information  procedure  in  1992,1993 and  1994 

In  1992,  the  method  of  operating  the  information  procedure  for  standards  remained 
unchanged  in  comparison  with  preceding  years. 
It  is  à  matter  of  collecting  and 
examining the notifications  received, processing them, storing them in a databank  and 
distributing  the results on a monthly  basis.  The  information  procedure  has  also  been 
supplemented  this  year  by  entering  new  initiatives  taken  on  a  European  and 
international level. 

in 

the  Commission's  proposal 

Beginning  from  January  1993,  the  CEN  introduced  the  simplified  procedure  laid 
down 
for  amending  Directive  83/189/EEC. 
Notifications  were  limited  in  principle  to  new  national  initiatives  at  the  time  they 
entered the working programme.  Notifications  of these  initiatives entering  the public 
screening stage in addition to the stage of adoption have thus been discarded.  Despite 
a  relatively  difficult 
transition  period  during  the  first  months  of  1993,  this 
simplification  has  enabled  the  CEN  Central  Secretariat  to  control  the  flow  of 
information  more effectively  and to examine certain notifications  in more detail, with 

2  O.J.E.C. L 221 of 6th August  1992 

regard both to their presentation and their content.  Since  1993, this simplification  has 
also made  it possible  to obtain  full  and realistic  statistics relating  to the new  national 
initiatives  launched. 

The  exchange  of  draft  standards  for  public  screening  has  been  carried  out  since  the 
beginning  of  1993,  case  by  case,  by  mutual  agreement  between  the  institutes 
concerned  and  with  a  view  to  the  participation  specified  in  Article  3  of  Directive 
83/189/EEC. 

10. 

As  for  the  CENELEC,  it  has  strengthened  its  internal  procedure,  known  as  the 
"Vilamoura"  procedure,  by  allowing  it  to  conform  with  the  information  procedure 
provided  by  Directive  83/189/EEC.  In  effect,  the  "Vilamoura"  procedure  requires 
each member of the CENELEC to notify,  as soon as possible, even in the early stages, 
every  wish  for  and/or  intention  of a standardization  initiative.  A  reaction  emanating 
from  any  one  of the  other  members, within  a period  of three  months,  is  sufficient  to 
activate  a standstill  period.  This can only be lifted  by the highest  technical  authority 
within the CENELEC, namely the Technical Board.  It is only in circumstances  where 
this  authority  ascertains  that  it  is not  appropriate  to  work  on  a European  level  that  it 
authorizes  the  development  of  the  notified  initiative  upon  a  national  level  and  this 
then  becomes  a  national  initiative  under  the  terms  of  Directive  83/189/EEC. 
Notifications  relating  to  these  initiatives  are  then  distributed  every  quarter  to  the 
larger circle of participants named in Directive 83/189/EEC. 

11. 

The  statistics  given  by  the  CEN  and  the  CENELEC  in their  annual  report  supply  an 
overall view of the standardization  initiatives  which were notified  to the Central  Unit 
in the years from  1992 to  1994. 

Amongst  these  statistics,  those  which  relate  to  new  projects3  reflect  the  most  recent 
trends in standardization  initiatives.  These latter statistics can be examined  from  three 
complementary  angles : 

a  breakdown  by  level  (national,  European  or  international),  as  well  as  the 
trends in the initiatives at each level; 
a breakdown by country; 
a breakdown by sector and sub-sector of activity. 

12. 

As  indicated  in previous  reports, the  statistics must  be interpreted  with  some  caution 
for the following  reasons : 

the  statistics  for  1992  and  previous  years  do  not  take  into  account  the 
relatively  high  number  of  new  initiatives  which  were  directly  notified  at  the 
public  screening  stage,  without  prior  notification,  which  was  contrary  to  the 

"New project"  is understood to mean any new standardization  initiative which is entered  into the 
standardization  programme on a national, European or international  level. 

regulations stipulated in the past by the CEN/CENELEC; 

a new initiative launched upon a European level may cover a much wider field 
than an initiative upon a national level; 

the stage at which a new standardization project  is notified  is not the  same  for 
-  all  the  members  of  the  CEN  and  the  CENELEC,  as  a  result  of  different 

working methods. 

With  the  change  in  the  system  since  1993,  it  is  no  longer  easy  to  make  a  simple 
comparison  between  the  number  of  national  notifications  received  in  1993  and  the 
number of these notifications  received in previous years. 

Trends in standardization  initiatives 

13. 

Taking  these  reservations  into  account,  a  certain  number  of  observations  upon  the 
trends in European and national  standardization  can be made on the basis of Tables I, 
II, III and IV which are appended to this report. 

a. 

The total  level  of new projects  launched  stabilized  in  1992 after  four  years  of 
rapid  growth.  The  number  then  fell  considerably  in  1993,  principally  as  a 
result  of the  significant  reduction  in  new European  initiatives  and,  to  a  lesser 
extent, international initiatives. 

On  the  national  level,  the  number  of  new  initiatives  in  1992  and  1993  was 
maintained  at the stable  level  of previous  years, being  on average  2150 units. 
In  1994,  this  number  fell  to  1630,  following  the  implementation,  after  the 
period  of transition  in  1993, of the simplified  system  introduced  by  Directive 
94/10/EC.  The  proportion  of  very  specific  projects  within  this  number 
increased, however, from  76% in  1992 to approximately  93% in  1994. 

c. 

The  number  of  new  initiatives  upon  a  European  level  fell  sharply  in  1992  in 
comparison with the two previous years, both in the electrical sector and in the 
non-electrical  sector.  This  reduction  was  principally  due  to  the  new 
standardization  policy  by  the  European  institutes  of  concentrating  upon 
feasible  programmes,  after  several  years  of  problems  resulting  from  the 
sudden increase in the number of new subjects in the working programme. 

d. 

Upon  an  international  level, a negative trend  was  also  observed  in  1993  after 
continuing growth in 1992. 

As  far  as  the  breakdown  of  new  national  projects  between  the  Community 
States  is concerned,  Tables Ilia  and Illb  show significant  differences  between 

7 

In  1992,  approximately  one 

the  countries. 
third  of  new  national 
standardization  initiatives  in the Union  came  from  Spain,  with  approximately 
another  third  from  France.  In  1993  and  1994,  Germany  and  France  alone 
produced  approximately  20% of the notifications.  The  significant  increase  in 
notifications  from  the  EFTA  countries  in  1993,  principally  from  Austria, 
should also be noted. 

f. 

The ten principal  sub-sectors  for national  initiatives  in the years  1992 to  1994 
are given  in Table IV.  A high  level  of initiatives  in  1992 can be noted  in the 
field  of  aerospace,  building  and  chemical  products. 
In  1993  and  1994, 
national  initiatives  are in the main  observed  in the  field  of food  products, the 
quality  of  water  conveyance  and,  once  again,  building.  A  high  level  of 
national  activity  should  also  be noted  in the field of rail  construction  in  1993 
and in the small mechanized tools sector in 1994. 

The quality of the notifications  issued by national standards  institutes 

14. 

The  previous  report  of  1990/1991  indicated  that,  for  the  period  under  consideration, 
there were still problems both with regard to compliance  with the notification  periods 
and the  intrinsic  quality  of notifications.  In this report, the  Commission  had  insisted 
upon  additional  efforts  being  made  on  a national  and  European  level  with  a view  to 
remedying  this  unsatisfactory  situation.  This  was  to  be  achieved  by  a  critical 
examination  of  the 
the 
information  system  upon  a  national 
implementation of a quality assurance system by the Central  Secretariat. 

level  and  by 

15. 

Beginning  from  1992, the Commission  introduced  two clauses  relating  to the  quality 
of information  into its annual contracts with the CEN and the CENELEC. 

Firstly, the European institute concerned undertook to define  clearly the internal  rules 
necessary  in  order  to  ensure  that  notifications  were  accurate,  clear  and  reliable. 
Secondly,  the  European  institute  had  to  provide,  within  its  Central  Secretariat,  the 
necessary resources for monitoring the quality of the received  notifications. 

16. 

In April  1992, the CEN/CENELEC  Work  Group, namely  the JWG-ESD  (Joint  Work 
Group  -  European  Standards  Databank),  adopted  certain  basic  principles  relating  to 
the  new  system  of  notification. 
In  addition,  in  1993  the  CEN  Central  Secretariat 
initiated  the  production  of  a  detailed  guide  to  the  system.  In  September  1993, the 
CENELEC, for its part, updated its manual relating to the "Vilamoura" system. 

17.  With  regard  to the  quality  of  the notifications  received,  the  CEN  Central  Secretariat, 
in  spite  of  the  difficult  transition  period  in  1993,  had  already  initiated  during  this 

8 

period  a systematic examination, the detailed  results of which were set out in its  1993 
report.  Amongst the most important conclusions, which  were confirmed  by the CEN's 
1994 report, the following  points should be mentioned : 

b. 

c. 

d. 

With  regard  to  respect  for  the  notification  obligation,  sampling  tests  have 
shown that members have not avoided this obligation. 

Early notification  by members seems to be a significant  problem.  As it stands, 
in  1993  approximately  28%  of  national  initiatives  (namely  674  cases)  were 
notified  only  when  they  had  already  reached  the  public  screening  stage  (641 
cases) or even the publication  stage (33 cases).  An analysis between  countries 
showed  that  approximately  half  of  the  German  and  British  initiatives  were 
only  notified  at  the  public  screening  stage.  Moreover,  amongst  the  641  late 
notifications  which were already  at the public  screening  stage, it was  possible 
to  observe  that  approximately  33% did  not  allow  time  for  any  reaction,  as  a 
result  of  the  fact  that  they  were  only  sent  one  or  two  weeks,  or  even  a  few 
days, before the date of closure of the public screening period.  This seemed to 
be  the  case  in  particular  with  regard  to  late  notifications  from  the  United 
late  notifications  from  Germany  still  allowed  time  for  reaction 
Kingdom; 
within  the  public  screening  period.  A  detailed  analysis  of  417  late 
notifications  in  1994 (being  23% of all  national  initiatives)  revealed  a  similar 
situation. 

As indicated  by the  CEN  in  its  report,  these  cases  of  late  notification,  which 
arc  aggravated  by  being  sent  at the  end  of the public  screening  period,  are  in 
complete  contradiction  with  the  principles  of  the  infomiation  procedure 
provided  by  the  Directive.  In  spite  of  the  fact  that  the  analysis  also  showed 
that  during  the years  1993 and  1994 the proportion  of these  late  notifications 
had  fallen,  this  proportion  must  be  considered  to  be  too  high.  Measures  are 
therefore  necessary  in this  connection.  Moreover,  this problem  was  raised  in 
the previous report in which this proportion was estimated to be approximately 
one third for the years  1990 and  1991. 

Another problem  lies in the vague description  given of the new projects.  The 
CEN Central  Secretariat observed that, in several cases, either the notified  title 
of  the  new project  was  very  vague,  or  the  statement  explaining  the  title  was 
simply a precise copy of the title.  It is obvious that in these circumstances, an 
assessment  of  the  field  of  application  of  the  notified  initiative  is  made  very 
difficult  and  that,  once  again,  the  objective  of  the  information  procedure 
cannot be attained.  The CEN considers that this problem  can be solved by the 
introduction of the detailed guide already mentioned above. 

It  has  also  been  observed  that  sometimes  the  poor  quality  of  certain 

9 

notifications  is due to the complete  absence  or the erroneous  nature  of  certain 
basic  information,  such as the sub-sector  code, the stage  of the  draft  and  even 
its  identification  number.  Despite  the  fact  that  greater  discipline  was 
introduced in  1994 by the CEN Central  Secretariat, this kind of problem  seems 
to have persisted during this year. 

18.  With  regard  to  the  CENELEC,  a  detailed  analysis  similar  to  that  carried  out  by  the 
CEN  is  not  available  for  1993.  However,  taking  into  account  the  existence  of  the 
internal  "Vilamoura"  procedure,  which  contains  relatively  strict  rules  of  notification, 
and  the  lower  volumes  involved,  it  can  be  considered  that  the  quality  of  the 
notifications  made  by  members  of  the  CENELEC  is  satisfactory.  This  should 
certainly  be  the  case  from  January  1993,  as  confirmed  by  the  CENELEC  Central 
Secretariat  in  its  1994  report.  Moreover,  this  Secretariat  drew  up,  in  April  1994, a 
detailed description of the procedure in order to ensure the quality of the  information. 

The use of the information  received through the procedure 

19.  With  regard  to  distribution  on  a national  level  of  the  information  resulting  from  the 
procedure, the Commission  has not received  recent  information  from  the  CEN  or the 
CENELEC.  An  analysis  upon  this  level  would  seem  to  be  useful  now  that  the 
notification  system  has  been  simplified  since  the  beginning  of  1993  and,  as  a 
consequence,  the reduced  volumes  should  enable  the  information  to  be processed  by 
the sectors which are directly  concerned. 

20. 

The  application  of  Article  3  of  the  Directive,  namely  the  association  with  national 
initiatives  and  requests  for  the  development  of  European  standards,  still  remains 
peripheral.  Table  V  confirms  the  observations  made  in  previous  reports,  and  in 
particular the fact that within the context of the Directive : 

\ - 

despite the twofold  increase  in  1994 in comparison  with  1993, the  number  of 
comments  made  by  the  standards  institutes  remains  very  low  in  comparison 
with the number of notifications  received; 

requests for participation  within the projects  of other members  remain  equally 
minimal; 

requests  for  the development of European  standards  are, with the exception  of 
a single isolated case submitted by France in  1994, non-existent. 

It  can  thus  once  again  be  concluded  from  these  statistics  that  the  mechanisms 
provided by Article 3 of the Directive are not being used. 

10 

21. 

In  the  electro-technics  sector,  it  is  nevertheless  necessary  to  take  into  account  the 
application  of the "Vilamoura"  procedure, as explained  in Paragraph  10 above.  As it 
stands, this procedure provides, for each new initiative launched by a member, at least 
the  same type of participation  as that provided  by Article  3 of Directive  83/189/EEC. 
In  1994, this procedure enabled  17 and 4 operations, notified  over several  years, to be 
respectively transferred  to the European and international level. 

22.  Monitoring  of the application  of the standstill  rule provided  by  Article  7 of  Directive 
83/189/EEC has been carried  out on two  levels, these being the  CEN/CENELEC  and 
the Commission. 

Within  the  CEN  Central  Secretariat,  notifications  have  formed  the  subject  of  a 
periodic  examination  by technical  experts.  In  1993 and  1994 respectively,  30 and  60 
cases were examined  in detail by the relevant member of the CEN. 

Since the beginning  of  1993, the Commission  departments  have  also  intensified  their 
examination  of the  notifications  received,  both  in  order  to monitor  the  standstill  rule 
in comparison with the authorizations  sent to the European standards institutes, and in 
order to  examine whether  it would  be appropriate  to  transfer  the  notified  initiative  to 
the European  level.  Approximately  30 and  76 cases were respectively returned  to the 
CEN Central Secretariat in  1993 and  1994. 

It  can  be  observed  that  in  the  majority  of  cases  detected  by  the  CEN  and  the 
Commission  departments,  responses  made  by  the  notifying  members  seemed  to  be 
equivocal, to say the least.  These responses either indicated that the national  initiative 
notified  was  in  fact  a  draft  European  standard  for  public  screening  upon  a  national 
level,  or  that  it  concerned  a  preliminary  analysis  on  a  national  level,  which  was 
designed as a contribution to European projects  currently in progress. 

It. can be observed that, in the first case, there  is no obligation to notify  and  even that 
In  these 
notification  on  this  subject  is  excluded  under  Directive  83/189/EEC. 
circumstances, there are definitely  other  methods  of consulting  the  sectors  concerned 
on  a national  level  with  regard  to  initiatives  which  are  in  progress  upon  a  European 
level,  for  example  by  distributing  documents  from  the  technical  committees  of  the 
CEN.  In the second  case, it must  be possible  to indicate clearly,  from  the outset,  the 
planned  initiative's envisaged  objective. 

In  future,  a  systematic  monitoring  of  the  application  of  the  standstill  rules  is  thus 
necessary,  in  addition  to  a  detailed  examination  of  responses  made  by  notifying 
members. 

23. 

In  closing  this  paragraph  relating  to  the  use  made  of  the  information  received,  the 
following  points of view may be put forward  : 

11 

a. 

b. 

According  to  the  CEN,  1993  should  be  considered  to  be  a year  of  transition, 
following  the  introduction  of  the  new  procedure,  which  encountered  some 
difficulties.  This  institute  considers  that the experience  gained  this  year  does 
not  yet  enable  definite  conclusions  to  be  drawn,  but  it  has  expressed  some 
optimism  for  the  future,  as  a  result  of  the  simplifications  which  have  been 
introduced. 

As far as the Commission  is concerned, additional conditions must be  fulfilled 
in order to ensure a more efficient  use of the information  received.  In the first 
place  this  relates  to  a  considerable  improvement  in  the  information  notified 
and  the  establishment  of  other  organizational  measures  as  stipulated  in  the 
amended Directive 94/10/EC. 

Information  on standardization  initiatives in general 

24. 

Information  relating to new standardization  initiatives, as provided by the  information 
procedure  in the field of standards by Directive  83/189/EEC, is only a limited part of 
the information  on standardization initiatives.  There is the general problem relating to 
information  on  adopted  national  standards  and  on  all  the  standardization  initiatives, 
whether in progress or adopted, on the European and international levels. 

As  indicated  in  its  second  Communication4,  the  Commission  considers  it  to  be 
necessary  to  have,  on  all  standardization  initiatives,  information  tools  which  are 
accessible to all the sectors concerned, at reasonable terms. 

Accessibility  and  transparency  regarding  standardization  initiatives  should  be  one  of 
the  basic  characteristics  of  the  standardization  system.  Continuous  effort  should  be 
made  on  a  national  and  European  level  with  a  view  to  satisfying  the  information 
requirements of all the interested parties.  A judicial review of the satisfaction  of these 
requirements would appear to be useful. 

25. 

Upon the European  level, the  CEN, the CENELEC  and the ETSI  have  issued  several 
publications explaining their present initiatives and their adopted  standards and listing 
transpositions  at  national  level.  In  addition,  in  1993  the  CENELEC  established  a 
database  which  included  all  its  initiatives.  This  database  can  at  present  be  directly 
accessed by the Central  Secretariat personnel, certain members of the CENELEC, the 
Commission  departments  and  the  EFTA  Secretariat.  It  is  anticipated  that  in  future 
this  database  will  be  open  to  the  general  public.  For  its  part,  the  CEN  has  also 
planned the establishment  of a similar database, which will firstly  be made  accessible 
to  its  direct  contacts.  This  project  is  at  present  under  research  by  the  CEN  Central 
Secretariat. 

4  COM (92) 491 of 27th November  1992 

12 

There  is  also  a database  in  existence  at  the  ETSI  which  is at  present  accessible  to  a 
limited number of people. 

26. 

The  PERINORM  information  service,  which  is  distributed  monthly  on  a  CD-ROM 
compact  disk,  initially  containing  British,  French  and  German  standardization 
initiatives, has been extended on several levels : the standardization initiatives of other 
national  institutes,  of  the  European  CEN  and  CENELEC  institutes,  and  of  the 
international  ISO and CEI institutes.  This commercial  service  includes  bibliographic 
references  for  adopted  standards  as  well  as  for  standards  which  are  at  the  public 
screening stage. 

This  service  is  permanently  distributed  through  several  national  standards  institutes 
and  some  private  companies,  and  has  approximately  one  thousand  subscribers. 
Despite the fact that there is no research in existence relating to the users'  satisfaction, 
it can be considered that this product genuinely responds to market needs. 

The  Commission  finances  subscriptions  to  this  service  for  thirty  Euro  Information 
Centres,  considered  to  be  those  most  concerned  with  this  field,  covering  a  wide 
geographical  area.  This should enable some response to be made, taking into account 
the  Commission's  limited  financial  resources,  to  the  requirements  of  the  small  and 
medium sized enterprises. 

Additional  CD-ROM  products,  containing  the  full  texts  of  standards  and  draft 
standards,  have  recently  been  placed  on  the  market.  There  are,  amongst  others, 
approximately  80  sets  of  standards  published  by  the  private  firm  IHS-Information 
Handling Services, and distributed by several national standards institutes. 

Planning and standardization  authorizations 

27. 

Pursuant to Article 6, Paragraph 3 of the Directive, the Standing  Committee  delivered 
in  the  years  from  1992  to  1994,  assent  in  favour  of  32,  22  and  46  authorizations 
respectively  (see Table Via, b, c in appendix).  Some of these authorizations  relate to 
implementation  of Directives  of the  "New Approach"  type,  adopted  for  realizing  the 
Internal  Market.  Other  authorizations  have  been  issued,  principally  in  support  of 
other  Community  policies  : authorizations  in the field of  information  technology  and 
some authorizations in the field of telecommunications come within the context of the 
implementation  of  industrial  policy  and  the  correct  operation  of the  Internal  Market. 
Authorizations  which  relate  to  methods  used  in  measuring  toxic  substances  are 
principally  issued  in  support  of  the  environmental  Directives.  The  planning 
authorization, which relates to air traffic  control equipment and systems, comes within 
the  context  of  the  implementation  of  Council  Directive  93/65/EEC5. 
Several 
the 

to  support 

in  order 

in  1994 

•  standardization  authorizations  were  issued 

implementation of the energy policy. 

O.J.C. L  187 of 29.07.93 

13 

Actions  to  improve  the  present  system  and  implement  the  revised  procedure  provided 
by the amended Directive 94/10/EC. 

28. 

The  previous  report  of  1990/1991  had  emphasized  the  importance  of  revising  the 
technical  operation  of  the  information  procedure  for  standards  provided  by  Directive 
83/189/EEC.  With  this  in  mind,  the  Commission  proposed  an  amendment  to  this 
Directive  on  27th  November  1992,  which  was  adopted  on  23rd  March  1994  by  the 
European Parliament  and the Council, but which did not come into force until  1 st July 
1995. 

The Commission  is pleased that the CEN and the CENELEC have, within their sphere 
of  competence,  already  implemented  several  of  the  basic  principles  stipulated  in  the 
amended  Directive  94/10/EC  since  the  beginning  of  1993. 
In  particular,  the 
CENELEC's  "Vilamoura"  procedure,  in  association  with  the  procedure  outlined  in 
Directive 83/189/EEC, must be considered now to be  effective. 

29. 

The analysis of the quality of the notifications  made in  1993 and  1994 by the CEN, as 
well as the assessment of the use made of the information  collected during this period, 
shows however that it is necessary to implement  several more application measures in 
the short term, on both a European and national  level, in order to attain the  objectives 
of the amended Directive in the non-electrical  sector. 

30. 

On  a  European  level,  action  can  be  envisaged  by  the  Commission  and  the  European 
standards institutes. 

a. 

b. 

For its part, the Commission has, from  the beginning of  1993, inserted  into the 
annual  contracts  with  the  CEN  and  the  CENELEC,  amongst  others,  two 
measures  to  facilitate  the  implementation  of  the  revised  procedure.  Firstly, 
this relates to the obligation to define  the new notification  regulations within a 
determined  period.  The  second  clause  requires  the  Central  Secretariats  of 
these  institutes to set up the  necessary  resources  for  monitoring  the  quality  of 
notifications. 

Whilst  respecting  the  principle  that  it  is  a  matter  for  the  European  standards 
institutes  to  define  operating  methods,  the  Commission  is  minded  to  co 
operate  directly  with these  institutes  on this planning,  as well  to  facilitate  the 
introduction  of  other  measures. 
It  is,  moreover,  in  this  context  that  the 
Commission has supported the CENELEC  in establishing  its new databank by 
becoming connected with it as one of the first external paying users. 

31. 

The  Commission  considers  that  in  addition  to  the  first  action  taken  by  the  CEN, 
*  namely  a  detailed  examination  of  the  quality  of  notifications,  other  actions  are 
necessary  in order to attain  a significant  improvement  in this quality  as well  as in the 
speed of  notification. 

14 

a. 

b. 

Firstly,  it  is  necessary  to  publish  a  detailed  guide  for  CEN  members,  which 
should  include  strict  and  clear  notification  rules.  Additionally,  information 
involved  could,  for  example,  be 
and  training  days  for  those  directly 
considered. 

It  is  also  essential  to  maintain  and  even  strengthen  the  resources  within  the 
CEN  Central  Secretariat, in order to monitor  the quality  of the  information  in 
direct  association  with  those  making  the  notifications,  and  in  order  to 
introduce  a genuine system of quality assurance.  A more frequent  report  than 
at present  upon  aspects of quality  and timing  would  additionally  appear  to be 
very  useful. 

32.  With  the  entry  into  force  of  the  amended  Directive  half  way  through  1995,  the 
Commission  considers  that  necessary  measures  should  also  be  taken  on  a  national 
level  and that  initiatives  should  be  launched  with  a view to  ensuring  from  the  outset 
the efficient  operation of the revised procedure. 

a. 

b. 

At a national level, it is firstly  a matter for the Member States to take measures 
connected  with  transposing  the  amended  Directive  94/10/EC.  This  should 
create a legal framework which will enable their standards institutes to comply 
with  the  obligations  specified  in  the  new  regulations  specified 
in  this 
Directive, and  with  the regulations  established  within  the  European  standards 
institutes. 

the 

transposition  of  Directive  94/10/EC,  as  well  as 

Monitoring 
the 
establishment  of  agreements  between  the  governments  and  the  national 
standards  institutes  can  only  encourage  the  implementation  of  the  revised 
procedure. 

The national institutes, for their part, should examine the need for revising and 
adapting their systems of notification,  particularly with regard to quality and to 
forwarding  notifications  within  the  required  periods.  In  effect,  the  analysis 
carried  out  in  1993  and  again  in  1994  once  again  confirms  that  there  are 
permanent  weaknesses  on  this  level.  With  regard  to  the  use  made  of  the 
information,  it  also  appears  necessary  to  re-examine  the  present  system  of 
distribution  and  to  promote  the  interest  of  the  relevant  sectors  in  the 
information  provided by the new procedure. 

Conclusions 

33. '  Up until  1993, the number of new national standardization  initiatives remained  stable, 
at  the  level  already  attained  during  previous  years.  With  the  introduction  of  the 
simplified  procedure  in  1994, as  stipulated  by  Directive  94/10/EC,  this  number  was 
reduced to around  75% of this level.  At the present time, however,  it is impossible to 

15 

say whether this improvement  is due to this rationalization or to an actual reduction in 
national  initiatives.  It  is therefore  necessary' to  view  this  situation  with  caution.  As 
indicated  previously,  it  is  necessary  for  the  economic  sectors  concerned  to  assess 
whether  this  level  is  acceptable  and  whether  it  will  prevent  disruptions  to  the 
operation  of  the  Internal  Market.  A  vigilant  and  continuous  monitoring  remains 
nevertheless  necessary,  in  view  of  the  high  proportion  of  specific  initiatives  and  in 
view  of the  latent  risks  involved  in allocating  resources  as a priority  upon  a  national 
rather than a European level, thus risking transgressing European stability. 

Upon  a European  level, the  Commission  has  observed  a significant  reduction  in  new 
initiatives,  particularly  since  1993.  This  is  principally  due  to  the  adaptation  of 
planning policy by the European  standards institutes.  It relates, amongst other things, 
to the decision  to respect  commitments  already  undertaken  in the past, to place  more 
emphasis  upon  the  application  of  co-operation  agreements  with  the  international 
standards  institutes,  and  to  becoming  limited  to  a  genuinely  feasible  working 
programme, taking account of the fact that resources are increasingly limited. 

34.  With  regard  to  the  operation  of  the  procedure,  the  Commission  considers  that  the 
experience of  1993 and  1994 has shown that several  measures  should be taken in the 
short  term  on a European  and national  level  in order to make  the revised  procedures 
under  the  amended  Directive  94/10/EC  genuinely  efficient.  It  is a matter  for  all  the 
parties  concerned  to take, from  now  on, responsibility  for  attaining  the  objectives  of 
the amended  Directive  94/10/EC.  In fact,  these  objectives,  in addition to the revised 
resources  for  attaining  them, have been  laid down  and  defined  in direct  co-operation 
and by mutual agreement with all the parties. 

16 

CHAPTER II 
THE NOTIFICATION PROCEDURE IN THE FIELD OF 
TECHNICAL  REGULATIONS 

Introduction 

35. 

The present chapter describes the development of the procedure provided by Directive 
83/189/EEC in the field of technical regulations.  It examines the flow  of  information 
exchanged,  particularly  with  regard  to  problems  of  application  and  the  various 
reactions  by  the  Commission  and  the  Member  States,  in  addition  to  the  various 
responses to the procedure. 

Brief description of the procedure applicable to technical  regulations 

36. 

37. 

Under  the  terms  of  Article  8,  Paragraph  1  of  Directive  83/189/EEC,  the  Member 
States  are  obliged  to  send  all  draft  technical  regulations  to  the  Commission,  unless 
these relate simply to a full transposition of an international or European  standard. 

Beginning from the date of notification  to the Commission, a standstill period of three 
months  begins,  during  which  the  Member  State  which  has  made  the  notification 
cannot adopt the technical regulation in question.  This standstill period is provided  in 
order  to  enable  the  other  Member  States  and  the  Commission  to  react  to  the 
notification.  The following  stage of the procedure will be dependent upon the content 
of this reaction : 

a. 

b. 

c. 

If the Member  States  and/or the  Commission  do  not  wish  to  issue  a  reaction, 
the  Member  State  which  has  made  the  notification  can  adopt  the  draft 
regulation upon the expiry of the three months standstill period. 

If  the  Member  States  and/or  the  Commission  make  comments  pursuant  to 
Article  8, Paragraph 2 of the Directive, the Member  State which has made the 
notification  must then, in as far as possible, take these comments  into  account 
in the subsequent work of developing the technical regulation. 

In accordance with Article 9, Paragraph  1 of the Directive, the Member  States 
and/or the  Commission  can  issue  a  detailed  opinion  if  they  consider  that  the 
draft regulations could risk creating barriers to the free movement of goods.  In 
this  case, the Member  State concerned  will  put  back  the  adoption  of  its  draft 
regulation by six months from the date of the notification  and will  inform  the 
Commission  of  the  ways  in  which  it  intends  to  respond  to  this  detailed 
opinion. 

•  d. 

The Commission can also react to the notification  in two other ways : 

17 

it  can  make  known  its  intention  of  proposing  or  deciding  upon  a 
Directive  which  is  applicable  to  the  same  field  as  the  notified  draft 
(Article 9, Paragraph 2 of the Directive).  The Member State concerned 
must  then put back  the  adoption  of the  technical  regulation  by  twelve 
months from the date of  notification; 

it  can  observe  that  a  proposal  for  a  Directive  relating  to  the  same 
subject  as the notified  draft  has already  been  submitted  to the  Council 
(Article  9,  Paragraph  2 a).  In this  case,  the  Member  State  concerned 
will  suspend  the  adoption  of  the  technical  regulations  for  a  period  of 
twelve months from  the date upon which the proposal for the  Directive 
was submitted to the Council. 

38. 

39. 

40. 

Article  9,  Paragraph  3  of  the  Directive  makes  provision  for  an  urgent  procedure,  in 
certain  circumstances,  for  the  immediate  adoption  of  national  draft  regulations.  If  a 
Member State wishes to adopt a technical regulation for urgent reasons which relate to 
the  protection  of  public  health,  safety,  or  the  protection  of  the  health  and  life  of 
animals  and  plants,  it  can  request  the  application  of  this  procedure  without  being 
obliged to respect the standstill period.  The notification  must  state the reasons which 
justify  the urgency of the measures, the Commission then giving a decision  regarding 
the justification  for the urgent procedure. 

Article  8, Paragraph  3 provides that the final text of the notified  regulation  should  be 
sent to the Commission, at the request of other Member States or the Commission. 

The  Commission  plays  a  deciding  role  in  the  progress  of  the  procedure. 
It  is 
responsible  for  distributing  notified  drafts  to  the  Member  States,  as  well  as  other 
messages which pass between the Commission  and the Member  States, in addition to 
having  these  texts  translated  in  order  to  facilitate  the  correct  operation  of  the 
procedure. 

The Standing Committee, which is composed of representatives  of the Member  States 
(provided  by  Article  5  of  the  Directive)  is  a  consultative  body  which  meets 
approximately  six  times  each  year  and  plays  an  important  role  in  supervising  the 
progress  of  the  procedure  and  in  examining  policy  questions  raised  by  the 
notifications. 

Application of the procedure 

A. 

The volume of notifications 

Breakdown by country 

41. 

The statistics in Table VII of the Annex show that the Commission received  362  draft 
technical  regulations  in  1992,  385  in  1993  and  389  in  1994.  The  total  number  of 
notifications  received each successive year is relatively stable. 

As  can  be  seen  in  Chart  1, most  of  the  notified  draft  regulations  in  1992,  1993  and 
1994  came,  as  in the  years  before,  from  Germany,  France  and  the  United  Kingdom. 
But  whereas  France  shows  a more  or  less constant  pattern  in the  number  of  notified 
draft  regulations,  both  Germany  and  the  United  Kingdom  show  a  fluctuation  in  the 
number  of  notified  draft  regulations. 
In  1994,  Germany  signed  responsible  for  a 
quarter of the total number of notifications received, followed  by the United  Kingdom 
with  16% and France with  15%>.  In  1993, it was the United  Kingdom  who signed  for 
more  than  a  quarter  of  the  total  number  of  notifications  received,  followed  by 
Germany  with  21% and  France  with  17%.  In  1992,  all  three  countries  signed  for 
about 20%) each of the total notifications  received. 

Chart 1 

120  T 

Number of Notifications per Member State 1992-1994 

Member States 

Breakdown by sector 

42. 

A  breakdown  by  sector  (Tables  VIII  to  X  of  the  Annex)  shows  that  85%  of  the 
notifications  received  over  the  three  year  period  concerned  the  same  five  sectors  : 
"  Telecommunications,  Agriculture  and  Food  Products,  Mechanical  Engineering, 
In  1992,  the  four  largest  sectors  were 
Building  and  Construction  and  Transport. 
Telecommunications  (24.6%), Agriculture  and  Food  Products  (21.3%>), Building  and 
Construction  (15.2%)  and  Transport  (10%).  The  four  largest  sectors  in  1993  were 

19 

Telecommunications (34%), Transport (13.5%o), Agriculture and Food Products (13%o) 
and  Mechanical  Engineering  (9.6%). 
In  1994,  the  four  largest  sectors  were 
Telecommunications  (28%),  Mechanical  Engineering  (19%o),  Agriculture  and  Food 
Products  (16.7%)  and  Building  and  Construction  (15.2%).  The  most  striking 
development  which  can  be  seen 
the 
telecommunications  sector  in  1993  and  1994. 
In  1993  more  than  a  third  of  the 
notified  drafts  concerned  Telecommunications,  whereby  the  United  Kingdom  signed 
for  almost  50%  of  all  notifications  in  this  sector. 
In  1994,  telecommunications 
notifications  accounted  for almost a third of all the notifications  in the sector  whereby 
the United Kingdom and Germany together signed for almost half of the  notifications. 

the  dominance  of 

in  Chart  2 

is 

Number  of  Notifications  per Sector  1992-1994 

Chart 2 

140 

E 
3 

Sector 

Application  problems 

43. 

Numerous  notifications  relating  to  national  regulations  for  proprietary  names  and 
registered  designations  of  origin  relating  to  certain  agricultural  products  were  made 
the  subject  of  application  of the  procedure  under  Directive  89/189/EEC  in  1992  and 
1993  in  the  agricultural  sector.  The  desire  to  protect  the  geographical  origin  of 
identifiable  agricultural  or  food  products  has  led  some  Member  States  to  establish 
"certified  designations  of  origin".  These  national  practices,  often  disparate,  led  the 
Commission  to  propose  to  the  Council  that  a  Community  approach  be  adopted  in 
order  to  provide  a  system  of  protection  to  guarantee  equivalent  conditions  of 
competition  between  the producers.  Regulation  2081/92 was adopted  by  the  Council 
on  14th  July  1992  and  laid  down  an  obligation  from  24th  July  1993,  for  Member 
States  wishing  to  obtain  Community  protection,  of  informing  the  Commission  of 
designations  of  origin  and  geographical  ascriptions  relating  to  agricultural  or  food 
products. 

20 

44. 

45. 

46. 

Consequently, as a result of Article  1, Paragraph 3 of the Regulation concerned, which 
stipulates that Directive  83/189/EEC  does not apply either to designations  of origin or 
geographical  ascriptions,  technical  regulations  covering  provisions  relating  to  these 
designations  of  origin  no  longer  form  the  subject  of  a  notification  under  Directive 
83/189/EEC.  The  same  principle  applies  within  the  context  of  Regulation  2083/92, 
relating  to  certificates  of  identity  of  agricultural  and  food  products  (Article  1, 
Paragraph 3).  This situation may in part explain the fall  in the number of  notifications 
from the agricultural sector during the years  1993 and  1994. 

The  Commission  has  also  examined,  within  the  context  of  Directive  83/189,  some 
national  drafts  which  were  adopted  partly  with  the  objective  of  codifying  legislation 
which  was  already  in  existence  but  which  was  made  up  of  several  legislative 
instruments  and  partly  in  order  to  add  new  provisions  to  those  already  in  existence. 
Concerns  expressed  by the Member  States that these  codifying  provisions  should  not 
lead  to  decisions  by  the  Commission  which  may  result,  amongst  other  things,  in 
extending the standstill period beyond the three months stipulated in the Directive, led 
the  Commission  to  adopt  the  practice  of  discriminating  amongst  these  drafts, 
principally  for  adoption  in the  field  of  agricultural  and  food  products, between  those 
sections  actually  under  proposal  and  those  which  related  to  codification,  so  that 
examination could be limited to the  former. 

Finally,  the  Commission  has  observed,  regarding  the  management  of  the  procedure, 
the need to ensure that the Member  States observe the obligation  stipulated  in Article 
8, Paragraph  3 of the Directive, which  states  "upon the  express  request  of a  Member 
State  or  of  the  Commission,  the  final  text  of  a  technical  regulation  must  be  sent 
immediately".  Along with this obligation, as the Commission  is aware, there must be 
a  systematic  monitoring  of  acceptance  of  the  definitive 
text  and  a  detailed 
examination  of  the  final  text  for  the  purpose  of  the  correct  application  of  Directive 
83/189  (adoption  of  the  text  of  the  notified  draft  with  due  regard  for  the  procedure 
concerned,  without  modification  calling  for  a  new  notification)  and  for  Community 
law  as  a  whole  (adoption  of  the  text  having  taken  into  consideration  any  possible 
objections  expressed  by  the  Commission  departments  to  the  draft  concerned).  The 
Commission, 
transparency 
implemented  by  Directive  83/189,  undertakes  to  ensure  that  the  tasks  necessary  for 
such monitoring are carried out as mentioned above. 

through  concern  for  respect  for 

the  principle  of 

B) 

Use of the urgent adoption procedure 

47, 

. 

In  1992,  1993 and  1994, the  Member  States  made  44  requests  for  application  of  the 
urgent  adoption  procedure.  These  represented  only  about  4%  of  the  technical 
regulations notified  in those three years, a similar order of magnitude to the 5%> of all 
notifications  in  1990 and  1991.  The Commission  found  only one fourth  (11) of these 
requests justified;  seven  related  to  Agriculture  and  Food  Products,  one  to  Chemical 
Products, two to Transport and one to Health and Medical  Equipment. 

21 

C) 

Reactions  by the  Commission 

48. 

In  1992, the  Commission  reacted  upon  62%) of  the  total  number  of  notifications.  In 
1993,  the  Commission  reacted  upon  55% and  in  1994 the  Commission  reacted  upon 
69%)  of  the  notifications.  These  reactions  were  made  in  the  form  of  comments, 
detailed  opinions  or  the  announcement  of  the  intention  to  propose  a  directive.  It  is 
also  quite  common  that  a  notification  is  subject  to  a  combination  of  more  than  one 
reaction from the Commission. 

Chart 3 

250 

Number  of Reactions  per Type  1992-1994 

11992 

11993 

11994 

8.2 MS 

8.2 EC 

8.2  EFTA 

9.1 MS 

9.1 EC 

9.2 

9.2a 

Type of  Reaction 

Comments 

i) 

Statistics 

49. 

In the  period  1992 until  1994, the Commission  made  comments  on  46% of  the  total 
number  of  notifications.  This  percentage  has  slightly  increased  compared  with  the 
years  1990  and  1991, where  the  Commission  made  comments  on  42%> of  the  total 
number of notifications. 

50. 

51. 

ii) 

Reasons 

Generally,  the  comments  made  by  the  Commission  seek  the  clarification  needed  to 
allow  its  relevant  departments  to  examine  the  drafts,  express  the  Commission's 
position  or  remind  the  Member  State  concerned  of  commitments  given  in  an 
infringement  procedure or in an earlier  notification. 

The  Commission  also  opted  for  this  response  where  the  other  possibilities  were  no 
longer  open,  particularly  where  proposals  for  Community  measures  had  been  before 
the  Council  for  over  one  year,  thus  precluding  recourse  to  Article  9(2(a))  of  the 
Directive. 

22 

52. 

53. 

54. 

55. 

It is also important to indicate the practice developed, during the years  1992,  1993 and 
1994,  by  which  the  Commission  uses  comments  in  order  to  raise  objections  to 
existing texts which the notified  draft  refers  to or uses as its legal  basis.  As it stands, 
the  notification  procedure  gives  the  Commission  departments  the  opportunity  of 
learning  of  these  texts  and  assessing  their  impact  upon  Community  law.  The 
Commission  has  also  adopted  the  practice,  in  these  comments,  of  laying  down 
response  deadlines  for  the  Member  States  concerned  in  order  to  obtain  an  efficient 
and  rapid  method  of  resolving  situations  which,  as  a  result  of  former  legislation, 
restrict the correct application of drafts  notified  under Directive 83/189/EEC. 

Part  of  the  comments  made  by  the  Commission  departments  is  also  constituted  by 
having  observed  a standardization  initiative, within the European  standards  institutes, 
in  the  field  to  which  the  notified  draft  relates.  The  Commission  departments  must 
limit their reaction to comments since this type of "European harmonization"  does not 
prevent  the  Member  States  from  adopting  technical  regulations  which  relate  to  the 
same  subject  but  which  inevitably  hinder  the  work  of  these  institutes.  In  this  way, 
national regulations deflect  the standstill which exists, on the other hand, for  drafts  of 
national standardization, within the national standards institutes. 

Since  October  1993  and  subsequent  to  the  conclusion  of  the  Agreement  on  the 
European  Economic Area between the twelve  Member  States  of the  European  Union 
and  four  members  of  EFTA,  the  Commission  has  sent  comments  to  the  Member 
States drawing their attention to the entry into force  of this Agreement  on  1 st January 
1994.  These  comments  sought  in particular  to act as a reminder  that the principle of 
mutual  recognition  arising  from  Article  30  of  the  EC  Treaty,  as  interpreted  by  the 
Court  of  Justice,  should  also  be  applied  to  the  movement  of  goods  between  the 
Member  States  of  the  Union  and  the  Member  States  of  EFTA  who  had  signed  this 
Agreement.  As it stands, under the terms of Article  6 of the  Agreement,  the  existing 
case law of the Court of Justice interpreting Article 30 of the EC Treaty upon the date 
of  entry  into  force  of  the  Agreement,  is extended  to  the  provisions  of  the  latter  with 
regard to the free movement of goods (Articles  11 to  13). 

These  comments  have  had  positive  results.  In  fact,  in  the  large  and  even  leading 
sectors  (for  example  Telecommunications  Equipment  or  Building  Products),  clauses 
of  mutual  recognition  which  take  account  of  the  system  introduced  by  the  European 
Economic  Area  Agreement  are  automatically  inserted  into  drafts  notified  by  the 
Member  States, as well as into the basic regulations within the context of which some 
of  the  notified  drafts  will  enter.  This  development  took  place  quite  quickly  in 
practice.  In effect,  most of the Member States have had to extend a system which was 
in most cases already  stipulated  in their regulations  for  Community  products  or those 
freely  moving within the Community, to products originating from  the Member  States 
of EFTA which signed the agreement. 

23 

Detailed  Opinion 

i) 

Statistics 

56. 

In  1992, 1993 and  1994, the Commission delivered  357 detailed opinions (i.e. on 31%) 
of  the  draft  technical  regulations; 
in  1990  and  1991  the  figure  was  37%).  The 
Commission  delivers  detailed  opinions  if  the  draft  regulations  notified  might  create 
barriers to the free movement of goods (Article 9.1. of the Directive). 

ii) 

a) 

Reasons 

The principle of mutual  recognition 

57. 

The  absence  of  provisions  ensuring  respect  for  the  principle  of  mutual  recognition 
continued  to  be  the  point  most  frequently  raised  by  the  Commission  in  the  detailed 
opinions  which  it delivered  against  drafts  notified  by the Member  States  during  1992 
and  1993  (59%  and  53%)  respectively).  During  1994,  absence  of  respect  for  this 
principle  represented  37% of the detailed  opinions  delivered  by the  Commission.  In 
fact  there  has  been  some  change  in  the  handling  of  this  issue  recently.  Years  of 
practice  in  the  notification  procedure  have  enabled  the  Member  States  to  develop  a 
good  understanding  of  the  principle  of  mutual  recognition.  -  The  Commission 
departments  thus  now  try  to  draw  the  Member  States'  attention  to  the  need  for 
ensuring  that  the  necessary  clauses  are  present  at  the  highest  possible  level  in  the 
structure of applicable regulations. 

the  other  Member  States, 

As  it  stands,  the  Member  States  most  often  notify  draft  technical  specifications 
relating to products for which application exists within the framework  of more general 
regulations  governing  the  approval  or  inspection  of product  conformity.  In  so  far  as 
these  general  regulations  stipulate  the  acceptance  of  products  which  are  lawfully 
manufactured  and/or  marketed  within 
technical 
specifications  which are notified  at the  draft  stage  already  benefit  from  the  system  of 
mutual  recognition  provided  by  the  basic  regulations.  Through  concern  for  clarity 
and legal  certainty, the Commission  requests the Member  States if necessary  to state, 
in  the  notified  drafts,  the  provisions  of  the  basic  regulations  which  relate  to  mutual 
recognition,  in order to ensure that  economic  operators, who search through  technical 
specifications  for  the requirements  which  must  be  fulfilled  in order  to  gain  access  to 
the markets  of the various  Member  States, are correctly  informed.  On the other hand, 
the  principle  of  mutual  recognition  also  operates  in  relation  to  certificates  proving 
conformity  of  products  to  national  regulations  and  in  relation  to  the  national  bodies 
designated to issue new certificates. 

58. 

The  Commission  has also had  the opportunity  of deciding  against  other  requirements 
likely  to  create  barriers to the movement  of  goods which  are not directly  linked  with 
mutual  recognition.  These requirements  relate in particular to markings, to the use of 
languages in labelling, to specifications  relating to the ingredients or materials used in 

24 

product  manufacture,  to  limits  upon  the  use  of  dangerous  substances,  and  also 
requirements  relating  to  the  arrangements  for  certain  approval  procedures  (for 
example,  the  establishment  of  marketing  arrangements  in the  Member  State  in  order 
to gain access to the approval procedure). 

As  it  stands,  the  Commission  requests  the  Member  States  not  only  to  ensure  the 
mutual  recognition  of  products  from  other  Member  States  in  response  to  a  level  of 
protection  of  the  legitimate  interests  concerned,  which  is equivalent  to  that  provided 
by  the  notified  drafts,  but  also  that  material  requirements  relating  to  the  products 
which  are  considered  to  be  excessive  with  regard  to  these  same  interests  should  be 
eliminated  or reduced to a reasonable level.  It is not sufficient  for the Member  States 
to  accept products  from  other  Member  States  which  are  "equivalent"  to theirs.  In so 
far  as  this  acceptance  is  based  on  a  statement  of  equivalence  with  national 
requirements, it is important to ensure that these are not themselves excessive,  failing 
which products which respond  satisfactorily  to the legitimate objectives  envisaged  by 
the  regulations  (health  and  safety,  etc..)  may  encounter  unjustified  difficulties  in 
entering the market of the recipient Member State. 

b) 

Other provisions of secondary  legislation 

59. 

Amongst  the other  reasons  leading  to the  delivery  of a detailed  opinion  are  the  non 
conformity  of the draft  with a directive or a community regulation relating to the same 
issues.  During the years  1992,  1993 and  1994, the number of detailed opinions based 
upon  objections  other  than  that  of  breach  of  the  principle  of  mutual  recognition 
increased considerably  :  in  1992, 41%> of total detailed opinions, in  1993, 47% and in 
1994,  63%). (In  1990  and  1991  these  detailed  opinions  represented  only  12% of  the 
total).  It should  also be observed  that whereas  in  1992 a third  of this 41%) related  to 
infringements  of  Directive  79/112/EEC  relating  to  the  labelling  and  presentation  of 
food  products  destined  for  the  final  consumer  in addition  to  the  advertising  of  these 
products, in  1993 the percentage relating to this directive fell to 9%.  In fact  in  1993, 
41%  of  the  detailed  opinions  delivered  by  the  Commission  were  based  upon 
infringements  of Directive  89/336/EEC relating  to electromagnetic  compatibility  and 
34%)  upon  infringements  of  Directive  73/23/EEC  relating  to  electrical  equipment 
designed to be used within certain voltage  limits ("low  voltage" directive").  In  1994, 
41%  of  these  detailed  opinions  were  based  upon  infringements  of  Directive 
89/336/EEC relating to electromagnetic  compatibility. 

60. 

It  is  also  important  to  indicate  that  8%> of  the  detailed  opinions  delivered  by  the 
Commission  in  1993  consisted  of  breaches  of  the  transitional  periods  of  certain 
Community directives (89/336/EEC mentioned above, 90/396/EEC on gas appliances, 
and  89/392/EEC  on  machinery).  The  Commission  departments  place  emphasis  on 
reminding  the  Member  States  of  the  obligation  to  respect  the  transitional  periods  of 
Community  instruments  determined  by the legislature;  as it stands these are  adopted 
in  order  to  provide  an  adequate  period  during  which  the  marketing  of  products 

25 

in  accordance  with  national 

manufactured 
the 
implementation  of  the  direction  concerned  is  authorized.  Thus  the  Commission 
departments  consider  that the Member  States  do not have  the right  to legislate  in the 
fields covered  by the  directives  in question,  in the absence  of reasons  which  are duly 
justified. 

in  force  before 

regulations 

iii) 

Responses 

61. 

62. 

63. 

Article  9.1  (2), of  the  Directive  stipulates  an  obligation  for  the  Member  State  which 
receives  a detailed  opinion  to  "report to the  Commission  upon  the  response  which  it 
intends  to  give  to  this  detailed  opinion.  The  Commission  will  comment  upon  this 
response".  On  the  basis  of  this  Article,  a  dialogue  is  set  up  between  the  Member 
States and the  Commission  departments  such that  an appropriate  response  is made to 
decisions  made  by  the  Commission  which  are delivered  with  a formal  request  to  the 
Member  State  concerned  to  amend  or  adapt  the  notified  draft  as  a  result  of  an 
infringement  of Community law. 

It  is  important  also  to  indicate  in  this  respect  that  the  Commission  organizes  a 
systematic  monitoring  of  the  responses  from  Member  States  through  the  Directive's 
Committee  by  entering  upon  its  agenda  a  list  of  notifications  regarding  which  the 
Member  States  have  not  supplied  a  response  and  requesting  them  to  provide 
explanations for this. (See Point 6.1. below "Committee Meetings 83/189). 

Intention to propose  a directive 

In  the  period  1992  -  1994, the  Commission  announced  that  it  intended  to  propose  a 
Directive  covering  the  same  subject  as  the  notified  draft  in  32  cases.  In  1992,  the 
Commission  announced  that  it  intended  to  propose  a  Directive  covering  the  same 
subject  as  the  notified  draft  in  18 cases,  in  1993  in  5  cases  and  in  1994  in  9 cases. 
Most  of  these  notifications  in  1992  related  to  Agriculture  and  Food  Products  (6), 
Health  and  Medical  Equipment  (4), Transport  and  Packaging  (3)  and  Chemistry  (3). 
In  1993, one notification  related to Agriculture and Food Products, one to  Chemistry, 
one to Mechanical  Engineering, one to Transport and one to Telecommunications.  In 
1994,  two  notifications  related  to  Agriculture  and  Food  Products  and  six  to 
Telecommunications. 

Submission of a proposal  to the Council 

64.  •  In  1992, the Commission applied Article 9.2 (a) in 25 cases and in  1993 in five cases. 
In  1994  the  Commission  did  not  apply  this  Article.  Most  of  these  notifications  in 
1992 related  to Agriculture  and Food  Products  (13), Mechanical  Engineering  (3) and 
Transport  and  Packaging  (3).  In  1993,  one  notification  related  to  Agriculture  and 

26 

Food Products and four to Mechanical  Engineering. 

65. 

The  application  of  Article  9.2  (a)  implies  that  the  Member  States  cannot  adopt  the 
draft  in  question  within  a  period  of  one  year  from  the  date  of  submission  of  the 
proposal  of the  Community  instrument  to the  Council.  The  objective  is to  defer  the 
application  of a regulation  covering  the  same field of  application  as  a  harmonization 
proposal  upon  a  Community  level.  The figures show,  however,  that  this  period  has 
not proved to be long enough for the Council to adopt the proposed  instrument.  With 
regard  to  1992 cases, only  six of the twenty-five  decisions  made by  the  Commission 
led to the adoption of the proposal  in question by the Council  in the  standstill  period. 
The  other  sixteen  decisions  led  to  the  adoption  of  Community  instruments  after  the 
proposal had been before  the Council for more than a year, with the exception of  four 
cases where the proposals were not adopted at all.  With regard to cases in  1994, none 
of  the  five  applications  of  Article  9.2.(a)  led  to  the  adoption  by  the  Council  of  the 
Community instrument within the standstill period. 

D. 

Reactions  by the Member States 

66. 

In  1992, 50%) of the notified  drafts  were made the  subject  of  comments  by  the  other 
Member  States,  whereas  in  1993  this  percentage  was  only  34%  and  in  1994,  31%. 
With regard to detailed opinions, the delivery of such a decision by the other  Member 
States on notifications  amounted to  18%o in 1992, 19% in  1993 and  16% in  1994. 

It  often  happens  that  several  Member  States  make  comments  or  deliver  detailed 
opinions on the same notification.  In  1992 nearly 50% and in  1993 nearly 60% of the 
notifications  which  caused  a reaction  from  more  than  two  Member  States  related  to 
Agriculture and Food Products.  30%> in  1992 and 23% in  1993 related to  notifications 
relating  to  environmental  problems.  In  1994, the  sector  most  concerned  was  again 
Agriculture  and  Food  Products,  with  35%, followed  by  Domestic  Appliances  with 
24%. 

E. 

Dealing  with infringements 

67. 

At  the  end  of  1992,  the  Commission  entered  into  a  contract  with  a  new  private 
organization  with  a  view  to  carrying  out  the  task  of  detecting  national  technical 
regulations which are adopted in infringement  of Directive 89/189/EEC. 

• 

The reports  drawn up by the contractor  for the years  1993 and  1994 made  it  possible 
for the first time to gain some idea of all the Member States initiatives in the sphere of 
technical  regulations.  Thus, as shown in Diagram 4 below,  in  1993 and  1994 a total 
of  some 4340 national  laws were  revealed.  Approximately  45% were  transpositions 
of  Community  Directives,  13%)  were  technical  regulations  notified  at  draft  stage 
within  the  context  of  Directive  83/189/EEC,  10%  were  designations  of  origin  and 

27 

geographical  ascriptions6  ,  and  approximately  32%  of  the  technical  laws  were  not 
notified  under  the  Directive  or  were  outside  its  field  of  application.  This  last  32% 
(being  approximately  1400  texts)  were  analyzed  to  find  whether  they  should  have 
been notified  under Directive 83/189/EEC. 

Following  this  examination,  it  appeared  that  the  vast  majority  of  these  texts  did  not 
come within the field of application  of the Directive.  85 technical  laws, being 2% of 
the  texts  discovered,  were  made  the  subject  of  infringement  proceedings. 
36 
infringement  proceedings were instigated in 1992. 

In  accordance  with  the  Commission's  position  on  this  subject,  which  has  been 
expressed  on several  occasions  at meetings  of the  Committee  (see Point  6.1.  below), 
and  bilaterally  in the meetings  between the Commission  and the  Central  Units of the 
Member  States  responsible  for  application  of  the  83/189  procedure  (see  Point  6.3. 
below), the majority  of the Member  States proposed to repeal the disputed  law andVor 
notify  a new draft  if necessary.  Some Member States did, however, refuse  to suspend 
the texts in question.  Thus, for the period  1992-1994, nine cases were referred  before 
the Court of Justice. 

The Court's first ruling  was given  on 2nd August  1993 (Case C-139/92,  Commission 
V. Italy).  The ruling established precisely and clearly the binding nature of Articles 8 
and 9 of Directive 83/189/EEC and gave the Commission the opportunity  in the  future 
of specifying  the relationship which exists between the obligation of prior  notification 
provided  by Article  8 and the standstill  clause of Article 9.  Meanwhile, three  rulings 
on  five  cases  sentenced  the  Member  States  concerned  for  non-respect  for  the 
obligations contained in the Directive. 

Chart 4 

Breakdown  of  national  laws adopted  in  1993 and 1994 

68. 

69. 

• 

Infringement 
proceedings 
2% 

•  Justified non 
notifications 

Transposition of 
Directives 
45% 

Q  Designations of 

Origin 
10% 

Notifcations* 
13% 

* Of 4340 items of legislation adopted, 580 related to notified texts 

Following the entry into force  in July  1993 of Regulations 2081/92 and 2082/92 relating to 
designations of origin and geographical  ascriptions which exclude the application  of Directive 
89/189/EEC from  drafts  under these regulations, examination  of these texts under the Directive was 
terminated. 

28 

F. 

Responses to the procedure 

83/189 Committee Meetings : 

70. 

The  Committee  Meetings  provided  in  Article  5  of  Directive  83/189  (composed  of 
representatives  appointed  by  the  Member  States)  have  enabled  the  Commission 
departments  and  the  Member  States  to  hold  discussions  and  exchanges  of  views  on 
points of general interest or upon specific points concerning certain parties. 

In  1992,  1993 and  1994, the Committee met on sixteen occasions (six in  1992, five in 
1993  and  five  in  1994).  It  is  in  principle  anticipated  that  the  meetings  will  be  held 
every  two  months.  With  regard  to  the  technical  regulations  section,  the  Committee 
has  had  the  opportunity  of  discussing  several  topics  of  general  significance.  It  was 
particularly  concerned  with  the  draft  amendment  of  Directive  83/189  (Directive 
94/10/EC  of  23rd  March  1994) which  the  Commission  submitted  to  the  Committee 
well  before  submitting  the  definitive  text  of  the  proposal.  This  draft  formed  the 
subject  of  three  meetings  (24th  January,  27th  February  and  8th  April  1992)  with  a 
detailed examination, article by article, of the Commission's working  document. 

71. 

72. 

73. 

Other  general  subjects  were  discussed:  exchanges  by  electronic  mail  (X  400);  the 
problem  of  the  overlap  between  Procedure  83/189  and  other  notification  procedures 
(Article  100B  of  the Treaty,  "designations  of origin"  and  "contaminants");  practical 
solutions  for  settling  infringement  proceedings  for  non-notification  under  Directive 
83/189;  a  list  of  notifications  for  which  the  Member  States  have  not  supplied  the 
Commission with a response to a detailed opinion.  A special mention should be made 
of the entry into force  of the European  Economic Area Agreement.  Several  meetings 
dealt  with  this  subject,  during  the  course  of  which  the  Commission  departments 
informed  the  representatives  of  the  Member  States  of  the  legal  and  practical 
consequences of this Agreement coming into force. 

In  1994  the  Committee  also  adopted  a  list  of  national  authorities,  other  than  the 
central  governments, whose technical regulations enter within the field of  application 
of Directive  83/189/EEC, as amended  by Directive  94/10/EC.  As  it  stands, this  new 
Directive  provides  in  Article  1.9. that  this  list  will  be  drawn  up  by  the  Committee 
stipulated by the Directive. 

In  addition,  the  Committee  also  had  the  opportunity  of  discussing  specific  notified 
drafts  and  problems  which  have  arisen  in  application  of  these  drafts.  During  these 
discussions,  the  representatives  of  the  Member  States  together  tried,  with  the  active 
assistance  of  the  Commission  departments,  to  find  concrete  solutions  or  to  request 
other  delegations  to  give  explanations  regarding  the  implementation  of  certain 
regulations. 

29 

"Group " Meetings 

74. 

The practice of holding  "group" meetings, which has been established  for a number of 
years, has enabled  the Commission  departments to continue  their direct  contacts  with 
the  national  authorities  responsible  for  drawing  up  technical  regulations.  Also,  a 
direct  discussion  between the representatives  of the national  government  departments 
concerned  and the  Commission  departments  responsible  for  examining  notified  draft 
regulations,  can  if  necessary  be  added  to  the  exchange  of  views  which  takes  place 
within  the  context  of  the  information  procedure.  These  contacts  also  enable  an 
appropriate  co-ordination  of  the  search  for  solutions  which  are  in  accordance  with 
Community  law in cases of complaint or infringement  regarding the free  movement of 
goods  which  the  Commission  departments  have  to  deal  with,  and  regarding  the 
notification  procedure, in as much as the adoption of new technical  regulations by the 
Member  States is often  necessary  in order to settle assumed or observed  infringements 
of national regulations. 

75. 

In  1992,  1993  and  1994,  "group"  meetings  were  held  with  the  German,  Spanish, 
French,  Portuguese,  Greek,  Dutch  and  Italian  authorities.  The  sectors  which  were 
most  frequently  discussed  at  these  meetings  were  particularly  food  products  and 
telecommunications  equipment. 

Meetings  with the Central Governments of the Member States : 

76. 

the  national  governments  responsible  for 

The  Commission  made  an effort  during  1992,  1993 and  1994 to  establish  a  dialogue 
with 
the  application  of  Directive 
83/189/EEC.  These  meetings  took  place  within  the  context  of  meetings  of  the 
Directive  Committee  or  within  that  of the  group  meetings  organized  in  the  Member 
States.  They  also  enabled  numerous  infringement  proceedings  to  be  undertaken, 
brought  by  the  Commission  for  non-notification  under  the  Directive,  from  the  first 
stages to the case being closed.  They also provide an opportunity  for dealing with the 
practical  problems which can arise in the application  of the procedure  and  enable the 
Central  Governments  to  meet  the  Commission  officials  who  are  responsible  for 
administering Directive 83/189. 

Ad Hoc Meetings : 

77. 

The Commission's departments continue to monitor certain cases which may  give rise 
to disputes between the Member States and economic operators, between one Member 
State  and  another,  or  between  the  Member  States  and  the  Commission  departments. 
The ad hoc meetings which have been organized by the Commission have assisted the 
parties concerned to reach agreement upon points of dispute.  Meetings therefore  took 

30 

place  in  1992,  1993  and  1994  concerning  fields  such  as  low  voltage  (plugs  and 
sockets,  microwave  ovens),  electromagnetic  compatibility  (the  application  of 
European  standards  covering  aspects  of  Directive  89/336/EEC)  or  the  environment 
(paint standards, fuel  emissions). 

31 

Conclusions  and  prospects 

78. 

79. 

The  assessment  of the  years  1992,  1993 and  1994  is characterized  by  a  slight  fall  in 
the  number  of  notifications  recorded  in  comparison  with  former  years  and  confirms 
the  significance  of  the  telecommunications  sector,  particularly  in  the  1993 and  1994 
figures.  This increase  in the telecommunications  sector  over the agriculture  and  food 
products sector had already appeared in previous years, particularly  in  1991. 

It is also important to indicate that, even through the content has undoubtedly  changed 
in  comparison  with  former  years  (see  Paragraph  3.2.1.  above),  the  total  number  of 
detailed  opinions  did  not  fall  in  1992,  1993 and  1994  (33% of  notifications  in  1992, 
35% of notifications  in  1993 and 25% in  1994, compared  with  32.5% in  1991).  The 
Commission's  main  concern  is  still  the  application  of  the  principle  of  mutual 
recognition,  but  the  application  of  certain  Community  instruments  (Directives  on 
"electromagnetic  compatibility",  "labelling"  and  "low  voltage")  have  constituted  the 
legal basis for a continually  increasing number of detailed opinions. 

80. 

The  application  of  the  83/189/EEC  procedure  in  the  coming  years  will  take  place 
amongst  significant  change.  The membership  of certain  of the EFTA  countries  from 
January  1995 will drastically change the total volume of applications of this procedure 
-  under the Directive.  Similarly,  the entry  into  force  on  1st July  1995 of the  Directive 
containing  the  second  amendment  to  Directive  83/189/EEC  (Directive  94/10/EC  of 
23rd  March  1994)  will  bring  about  substantial  revisions  to  the  application  of  the 
Directive's rules and procedures. 

32 

CHAPTER HI 

EXCHANGE OF INFORMATION  ON TECHNICAL  REGULATIONS 
BETWEEN THE EEC AND THE EFTA COUNTRIES 

Introduction 

81. 

The  Agreement  between  the  EFTA  countries  and  the  EEC  laying  down  a  Procedure 
for  the  Exchange  of  Information  in  the  field  of  Technical  Regulations  entered  into 
force  in November  1990 (Council  Decision  90/518/EEC)  for  an  initial  period  of two 
years.  Consequently,  the  Agreement  expired  on  1st  November  1992.  The  EEA 
Agreement,  which  lays down a system  similar to that of the Agreement,  did not  enter 
into  force  until  1st  January  1994.  The  Agreement  concluded  by  Council  Decision 
90/518/EEC was extended  for  the period  from  November  1992 until  December  1993 
by means of bilateral agreements in the form of an exchange of letters. 

With a view to avoiding possible barriers to trade between the Member  States of both 
associations,  the  Agreement  links  the  information  procedure  based  on  Directive 
83/189/EEC with the comparable procedure between the EFTA countries. 

82. 

In  1994,  the  EEA  Agreement  contained  the  83/189/EEC  Directive  in  Annex  II  Part 
XIX with the necessary adaptations. 

From the entry into force of the EEA Agreement, although the Swiss Confederation  is 
not  a  contracting  part  of  this  Agreement,  both  parts, the  Community  and  the  Swiss, 
continue to apply the exchange of information  procedure. 

The operation of the procedure 

83. 

All  the  messages  relating  to  the  information  procedure  between  the  EEC  Member 
States  and  the  EFTA  countries  were exchanged  in the  years  1992 and  1993  between 
the  Commission  of the  European  Communities  and  the  EFTA  Council.  From  1994, 
the  procedure  operated  between  the  Commission  and  the  EFTA  Surveillance 
Authority of the EEA Agreement. 

From  the  date  of  receipt  of  a  draft  regulation  by  the  EFTA  Council  (in  the  case  of 
notifications  from  EFTA  countries)  or  the  Commission  (for  notifications  from  the 
EEC  Member  States),  a  standstill  period  of  three  months  begins  during  which  the 
notifying  State may not  adopt the text.  The EFTA  Council  and the Community  may 
comment  upon  the  draft  technical  regulations  notified  under  this  procedure.  The 
Commission  formulates  the Community's  comments in consultation with the Member 
States  and  communicates  them  to  the  EFTA  Council,  which  forwards  them  to  the 
EFTA countries. 

84. 

The Agreement makes no provision for the extension of the standstill period.  The one 

33 

possibility for taking the procedure beyond comments is laid down in Article  13 of the 
Agreement  which  provides  for  regular  consultations  on  the  comments  made  by  any 
Contracting Party or additional ad hoc meetings to deal with specific  cases. 

Urgent Adoption  Procedure 

85. 

The  Agreement  between  EFTA  and  the  EEC  on  the  Exchange  of  Information  in  the 
field  of  technical  regulations  and  the  EEA  Agreement  also  contains  a  clause  which 
provides  for  the  immediate  adoption  of  a  draft  for  urgent  reasons  such  as  the 
protection  of  public  health  or  safety  or  the  health  of  animals  and  plants.  One 
difference  from  the  information  procedure  in  Directive  83/189/EEC  is  that  EFTA 
Member  States  which  wish  to  adopt  a  draft  for  an  urgent  reason  can  do  so  without 
prior  approval  by  the  EFTA  Council,  the  Commission  or  the  EFTA  Surveillance 
Authority.  They simply announce that they intend to adopt the text without the three-
month delay and add an explanation for the reasons for the urgency. 

86. 

The  Commission  forwards  to  the  EFTA  Secretariat  the  requests  for  urgent  adoption 
made by the Member States under the procedure introduced by Directive  83/189/EEC, 
together with its decision to accept or reject the request. 

In  1992,  the  EFTA  countries  adopted  four  technical  regulations  for  urgent  reasons, 
immediately  after  notification.  One  of  them  related  to  Food  Products,  one  to 
Mechanical  Engineering,  one  to  the  Environment  and  Packaging  and  one  to  other 
products.  In  1993, the  EFTA  countries  adopted  two  technical  regulations  for  urgent 
reasons,  immediately  after  notification.  Both  of  them  related  to  food  products.  In 
1994, the  EFTA  countries  adopted  four  technical  regulations  for  urgent  reasons,  two 
related  to  Mechanical  Engineering,  one  to  Transport  and  one  to  Products  for 
Household and Leisure use. 

Application  of the Procedure 

87. 

The statistics in Table XI of the Annex  show that the Commission  received  131  draft 
technical regulations from the EFTA countries in  1992, 110 in  1993 and  103 in 1994. 

As can  be  seen  in  Chart  5, most  of  the  notified  draft  regulations  in  1992 came  from 
Sweden,  who  accounted  for  over  a  third  of  the  notifications,  whilst  Austria  and 
Finland each notified  almost a fourth of the total number of notifications.  In  1993, the 
number  of  notifications  from  the  EFTA  States  was  more  evenly  distributed,  Norway 
and  Switzerland  each  notifying  a  fourth  and  the  remaining  EFTA  States  each 
notifying  around  16%  of  the  total  number  of  notifications,  except  for  Iceland  who 
notified  in the  three  years  only  one  draft  technical  regulation.  In  1994, almost  three 
quarters of all notifications  came from  Sweden and  Switzerland. 

34 

Chart  5 

Number  of  Notifications  per  EFTA  State  1992-1994 

A breakdown by sector (in Chart 6 and Table XII of the Annex) shows that the largest 
sector in all three years has been the Telecommunications  sector.  In  1992, 29% of all 
notifications  received  related  to the Telecommunications  sector.  In  1993,  this  figure 
was  42%  and  in  1994  it  was  33%.  Sweden  signed  responsible  for  66%  of  all 
notifications  in the Telecommunications  Sector in  1992.  In  1993, it was Norway  and 
Switzerland,  who together  notified  more  than  two  thirds  of  all  notifications  received 
in that sector.  In  1994 Sweden notified  68% and Switzerland  26% of all  notifications 
received  in  that  sector.  The  second  and  third  largest  sectors  in  1992  were  the 
Mechanical  Engineering  and  Environment  Packaging  sectors,  each  with  14%  of  all 
notifications.  In  1993,  the  second  and  third  largest  sectors  were  Chemical  Products 
with  15%  of  all  notifications  and  Mechanical  Engineering  with  10%  of  all 
notifications.  In  1994, the second and third largest sectors were Agriculture  and Food 
Products with  16% and Mechanical Engineering with  13%. 

Chart 6 

EFTA Notifications per Sector 1992-1994 

Sectors 

35 

Comments 

A. 

Comments from  the Community on EFTA Notifications 

89. 

In  the  years  1992-1994,  the  Community  commented  on  227  (66%)  of  the  EFTA 
notifications,  which represented  a slight  increase  compared  with the figures  for  1990 
and  1991,  when  the  Community  commented  upon  55%  of  all  EFTA  notifications. 
These  comments  were  subject  to  a  consultation  procedure  with  the  EEC  Member 
States and consequently they often  included comments from  them. 

Notifications  received  from  Austria, Sweden and Finland  in  1994 and whose  deadline 
expired after  1st January  1995, after these States had joined the European Union, were 
treated  as  notifications  from  Member  States.  This  meant  that  these  notifications  in 
principle  could  also  be the  subject  of  a detailed  opinion  from  either  the  Commission 
or  other  Member  States.  The  Commission  delivered  fifteen  detailed  opinions  at  the 
beginning  of  1995 against notifications  from  the  "new" Member States.  Notifications 
from the  "new"  Member  States  also  received  one detailed  opinion  and  six  comments 
from  the "old" Member States. 

The  comments  sent  by  the  Community  related  in  particular  to  problems  of 
compatibility  with existing Community  law (74% of notifications  in  1992 and  76% in 
1993.)  Community  law related  to environmental  problems  in  30% of  cases  in  1992 
and  23%  of  cases  in  1993,  and  to  infringements  of  Directives  73/23/EEC  ("Low 
Voltage")  and  89/336/EEC  ("Electromagnetic  Compatibility")  in  32%  of  cases  in 
1992  and  in  56%  of  cases  in  1993.  In  1994,  all  the  reactions  by  the  Commission 
related to problems of incompatibility  with Community  law.  48% of reactions  related 
to non-compliance  with  the  articles  of the  EEC  Agreement  on  the  free  movement  of 
goods  in  accordance  with  Articles  30  et  seq  of  the  EC  Treaty.  41%  related  to 
infringements  of  the  provisions  of  Directive  89/336/EEC  on  electromagnetic 
compatibility. 

Similarly,  the  Community  issued  comments  with  regard  to  drafts  notified  by  the 
EFTA  Member  States  which  were  signatories  of  the  European  Economic  Area 
Agreement,  drawing the attention of these  States to the necessity of providing  in their 
technical  regulations  the  clauses  of mutual  recognition  required  for  compliance  with 
Articles  11 to  13 of  the  Agreement.  The  development  towards  a  system  of  mutual 
recognition  has  proved  to  be  quite  slow.  As  it  stands,  the  EFTA  States  concerned 
have  had  to  introduce  into  their  regulations  a  principle  which  does  not  necessarily 
form part of their traditional judicial  experience. 

90. 

91. 

92.  •  The  Community  also  made  reference  in  comments  upon  projects  in  progress  upon  a 
Community  level  in  the  European  standards  institutes  and  upon  the  international 
agreements  upon  subjects  such  as the environment  (Montreal  Protocol)  and  safety  at 
sea (OMI, SOLAS). 

B. 

Comments from  the EFTA on EEC  notifications 

93. 

Nine notifications  by the Community  in  1992, ten in  1993 and six in  1994 gave rise to 
comments  from  EFTA.  The  new  Member  States  made  five  comments  at  the 
beginning of 1995. 

The  EFTA  comments  consist  for  the  most  part  of  references  to  the  standardization 
work  of  the  European  organizations.  These  comments  also  contain  references  to 
current  legislation  in  certain  EFTA  countries  and  to  the  possible  barriers  which  the 
drafts  in  question  could  create  with  regard  to  products  manufactured  in  accordance 
with this legislation. 

Conclusions and Prospects 

94. 

The assessment  of the  years  1992,  1993 and  1994  is  characterized  by  a slight  fall  in 
the total  number of notifications  recorded  in comparison  with  1991 and  confirms  the 
significance  of the telecommunications  sector. 

The  number  of  comments  made  by  the  Community  with  regard  to  drafts  from  the 
EFTA  Member  States  remained  unchanged.  The  Community  is  still  motivated 
towards  monitoring 
the  EFTA  countries'  compliance  with  the  provisions  of 
Community law. 

37 

Table I - Distribution of the number of new standardization  projects 

undertaken each year between  1987 and 1994 
Members of the CEN/CENELEC belonging to the EU. 

1987 

1988 

1989 

1990 

1991 

1992 

1993 

1994 

No.  % 

No.  % 

No.  % 

No.  % 

No.  % 

No.  % 

No.  % 

No  % 

187 

5.2 

244 

6.9 

225 

4.2 

154 

2.3 

241 

2.4 

542 

5.2 

109 

1.7 

119 

23.5 

2537  70.6 

1876  53.4 

2096  39.2 

1785  26.9 

1952  19.1 

1744  16.5 

2019  31.3 

1511  29.8 

2724  75.8 

2120  60.3 

2321  43.4 

1939  29.2 

2193  21.4 

2286  21.4 

2128  33.0 

1630  32.2 

289 

8.0 

556 

15.8 

1816  33.9 

2457  37.0 

,5887  57.6 

5014  47.5 

2466  38.2 

1985  39.8 

579 

16.1 

1838  23.8 

1215  22.7 

2243  33.8 

2130  20.9 

3252  30.8 

1860  28.8 

1454  28.6 

3592  100 

3514  100 

5352  100 

6639  100 

10210  100 

10552  100 

6454  100 

5069  100 

Year 
Level 

a. 
National 
projects 
a.l. 
Connected 
with European 
or 
International 
projects 

i a.2.  Specific 

(*) 
a.3.Total(a.l. 
+ a.2) 
b.  European 
projects 

c. 
International 
projects 
djTotal(a  + b 
+ c) 

Source  : notifications  to the  CEN/CENELEC 

(*)  It should be noted that these figures  may be overestimated  as a result  of the fact  that  some members  of the  CEN/CENELEC  do not  automatically 
communicate the existence of a relationship with European or International  projects. 

38 

Table Ha - Distribution  of the number  of new standardization  projects 

undertaken  in  1992 
Members  of the CEN/CENELEC  belonging to the EU. 

Field 
Level 

a. 
projects 

National 

Connected 
a. 1. 
with  European  or 
International 
projects 

a.2. Specific7 
a.3.  Total  (a.l.  + 
a.2) 
b. 
projects 

European 

Non-Electrical 
No. % 

Electrical 
No. % 

Total 
No. % 

(1) 

(2) 

(3) = (l) + (2) 

Non-Electrical 
Section 
(l)  x 100 
(3) 
% 

535 

7.6 

7 

0.2 

542 

5.2 

98.7 

1673  24.0 
2208  31.6 

71 
78 

2.0 
2.2 

1744  16.5 
2286  21.7 

95.9 
96.6 

4042  57.9 

972 

27.2 

5014  47.5 

80.6 

International 

c. 
projects 
d. Total (a + b + c) 

2518  70.6 
100 
3568 
Source : Notifications  to the CEN/CENELEC 

7348 
10.5 
6984  100 

3252  30.8 
10552  100 

22.6 
66.2 

It is to be noted that these figures  may be overestimated  as a result of the fact that some members of the CEN/CENELEC  do not automatically  communicate the existence < 
a relationship between their projects  and European  or International  projects. 

This figure  has been supplied  by the ISO departments. 

39 

Table lib - Distribution of the number of new standardization  projects 

undertaken in 1993 
Members of the CEN/CENELEC belonging to the EU. 

Field 
Level 

a. 
projects 

National 

Connected 
a. 1. 
with  European  or 
International 
projects 

a.2. Specific9 
a.3.  Total  (a.l.  + 
a.2) 
b. 
European  projects 

International 

c. 
projects 
d. Total (a + b + c) 

Non-Electrical 
% 

No. 

Electrical 

Total 

No. 

% 

No. 

% 

(1) 

(2) 

(3) = (1) + (2) 

Non-Electrical 
Section 
m x ioo 
(3) 
% 

105 

2.0 

4 

0.3 

109 

1.7 

96.3 

1989  37.7 
2094  39.7 

30 
34 

2.6 
2.9 

2019  31.3 
2128  33.0 

2094  39.7 

3723 

1.4 

2466  38.2 

108310 20.5 
5271  100.0 

7776 
5.7 
1183  100.0 

1860  28.8 
6454  100.0 

98.5 
98.4 

84.9 

58.2 
81.7 

Source  : Notifications  to  CEN/CENELEC 

It is to be noted that these figures  may be overestimated  as a result of the fact that some members of the CEN/CENELEC  do not automatically  communicate the existence of 
a relationship between their projects  and European or International  projects. 

10 

This figure  has been supplied by the ISO departments. 

40 

Table Ile - Distribution of the number of new standardization  projects 

undertaken in 1994 
Members of the CEN/CENELEC belonging to the EU. 

Field 
Level 

a. 
projects 

National 

a. 1. 
Connected 
with  European  or 
International 
projects 

a.2. Specific11 
a.3.  Total  (a.l.  + 
a.2) 
b. 
European projects 

International 

c. 
projects 
d. Total (a + b + c) 

Non-Electrical 
% 

No. 

Electrical 

Total 

No. 

% 

No. 

% 

(1) 

(2) 

(3) = (l) + (2) 

Non-Electrical 
Section 
(imoo 
(3) 
% 

113 

2.8 

6 

0.6 

119 

23.5 

95.0 

1510  37.2 
1623  40.0 

1 

0 

1511  29.8 

7 

0.6 

1630  32.2 

1500  36.9 

,  485 

48.2 

1985  39.2 

94112  23.1 

513 

51.2 

1454  28.6 

4064 

100 

1005  100 

5069 

100 

99.9 

99.6 

75.6 

64.7 

80.2 

Source : Notifications  to the  CEN/CENELEC 

11 

12 

It is to be noted that these figures may be overestimated  as a result of the fact that some members of the CEN/CENELEC  do not automatically  communicate the existence of 
a relationship between their projects  and European or International  projects. 
This figure  has been supplied by the ISO departments. 

41 

Table Ilia - Distribution  per country  of the number of n 

notified  at national level in 1992 

Field 

Non-Electrical 

Electrical 

Total 

Country 

a.  GE 
b.  FR 
c.  UK 
d.  IT 
e.  SP 
f.  Other EC countries 
g.  Total EC 
h.  EFTA countries 
i.  General total 
(g + h) 

No. 
322  . 
690 
162 
288 
711 
35 
2208 
103 
2311 

% 
13.9 
29.9 
7.0 
12.5 
30.7 
1.5 
95.6 
4.4 
100 

No. 
19 
7 
16 

36 

78 
12 
90 

% 
21.1 
7.8 
.  17.8 

40.0 

86.7 
13.3 
100 

No. 
341 
697 
178 
288 
747 
35 
2286 
115 
2401 

% 
14.2 
29.0 
7.4 
12.0 
31.1 
1.5 
95.2 
4.8 
100 

Sources : Notifications  to the  CEN/CENELEC 

Comments 

Comparisons between the various countries should be made with some caution, it being given that the exact stage of preparation at which a new dr 
notified  by the INFOPRO system is not harmonized. 

These figures  reflect  the number of notifications  managed by the Central Unit.  Any questions relating to the exact number of new projects  underl 
upon a national  level should be sent to the relevant National  Standards Institute. 

42 

Table Illb - Distribution  per country of the number of new standardization  projects 

notified  at national level in 1993 

Field 

Non-Electrical 

Electrical 

Total 

Country 

a.  GE 
b.  FR 
c.  UK 
d.  IT 
e.  SP 
f.  Other EC countries 
g.  Total EC 
h.  EFTA countries 
i.  General total 
(g + h) 

No. 
480 
504 
283 
355 
214 
258 
2094 
307 
2401 

% 
20.0 
21.0 
11.8 
14.8 
8.9 
10.7 
87.2 
12.8 
100 

No. 
16 
6 
5 
5 

2 
34 
7 
41 

% 
39.0 
14.6 
12.2 
12.2 

4.9 
83.0 
17.0 
100 

No. 
496 
510 
288 
360 
214 
260 
2128 
314 
2442 

. 

% 
20.3 
20.9 
11.8 
14.7 
8.8 
10.6, 
87.1 
12.9 
100 

Sources  : Notifications  to the  CEN/CENELEC 

Comments 

1. 

2. 

Comparisons between the various countries should be made with some caution, it being given that the exact stage of preparation at which a new d 
notified  by the INFOPRO system is not harmonized. 

These figures  reflect  the number of notifications  managed  by the Central  Unit.  Any questions relating to the exact number  of new projects undei 
upon a national level should be sent to the relevant National  Standards Institute. 

43 

Table IIIc - Distribution per country of the number of new standardization  projects 

notified  at national level in 1994 

Field 

Non-Electrical 

Electrical 

Total 

Country 

a.  GE 
b.  FR 
c.  UK 
d.  IT 
e.  SP 
f.  Other EC countries 
g.  Total EC 
h.  EFTA countries 
i.  General total 
(g + h) 

No. 
423 
353 
230 
331 
163 
123 
1623 
213 
1836 

% 
23.0 
27.5 
12.5 
18.0 
8.9 
6.7 
88.4 
11.6 
100 

No. 
6 
0 
0 
1 
0 
0 
7 
1 
8 

% 
75.0 

12.5 

87.5 
12.5 
100 

No. 
429 
353 
230 
332 
163 
123 
1630 
214 
1844 

% 
23.3 
19.1 
12.5 
18.0 
8.8 
6.3 
88.4 
11.6 
100 

Sources : Notifications  to the  CEN/CENELEC 

Comments 

Comparisons between the various countries should be made with some caution, it .being given that the exact stage of preparation at which a new draft  is 
notified  by the INFOPRO system is not harmonized. 

2. 

These figures  reflect  the number of notifications  managed by the Central Unit.  Any  questions relating to the exact number of new projects  undertaken 
upon a national level should be sent to the relevant National  Standards Institute. 

44 

Table IVa - The ten principal sub-sectors  of new national standardization  projects in 1992 

SUB-SECTORS 

Number of new projects 

(EU + EFTA) 

Code 
T02 
B02 
102 
N09 
N03 
N01 
109 
B03 
C01 
M05 
Total 

Name 
Aeronautics 
Construction 
Fixing components 
Plastics 
Oil products 
Paper and card 
Small mechanical tools 
Concrete 
Food products 
Welding 

134 
99 
92 
90 
78 
70 
56 
51 
43 
42 
755 

Source : Notifications  to the CEN/CENELEC 

Comments 

In  1992, the two principal sub-sectors of the electro-technics  sector were : 
- coiling wire (Code W23) : 11 new projects 
- electric cables (Code W08) : 8 new projects 

In the absence of more detailed figures, the totals indicated relate to the EU plus the EFTA countries. 

45 

Table IVb - The ten principal sub-sectors of new national standardization  projects in 1993 

SUB-SECTORS 

Number of new projects 

(EU + EFTA) 

Code 
C01 
T20 
S09 
H28 
B99 
B02 
B03 
T02 
109 
N05 
Total 

Name 
Food products 
Rail construction (train and tram) 
Water quality and  conveyance 
Hunting 
Building - miscellaneous  aspects 
Construction 
Concrete 
Aeronautics 
Small mechanical tools 
Textiles 

90 
82 
77 
61 
59 
53 
51 
49 
48 
46 
616 

Source : Notifications  to the  CEN/CENELEC 

Comments : 

In 1993, the two principal sub-sectors of the electro-technics sector were : 
- electric traction equipment (Code 03) : 6 new projects 
- electrical installations in buildings (Code WO8) : 4 new projects 

In the absence of more detailed figures, the totals given relate to the EU plus the EFTA countries. 

46 

Table IVc - The ten principal sub-sectors of new national standardization  projects in 1994 

SUB-SECTORS 

Number of new projects 

(EU + EFTA) 

Code 
C01 
109 
S09 
B99 
102 
C20 
B02 
T02 
N03 
T03 
Total 

Name 
Food products 
Small mechanical tools 
Water quality and conveyance 
Building - miscellaneous  aspects 
Fixing components 
Explosives and  fireworks 
Construction 
Aeronautics 
Oil products 
Road vehicles 

85 
80 
79 
51 
49 
47 
44 
44 
40 
40 
559 

Source : Notifications  to the CEN/CENELEC 

Comment : 

In the absence of more detailed figures, the totals given relate to the EU plus the EFTA countries. 

47 

Table V - 

Application  of Article 3 (Request for association with national standardization  projects  and  request for the development of a European* 
standard. 

Comments 
request 
14 
16 
74 
67 
52 
78 
83 
52 
34 
74 

Year 

1985 
1986 
1987 
1988 
1989 
1990 
1991 
1992 
1993 
1994 

Information 
request 

5 
8 
5 
0 
0 
20 
0 
0 
0 
5 

Source :  CEN/CENELEC 

Comments : 

Participation  Request for 
request 

European  Standard 

5 
10 
5 
15 
16 
7 
16 
5 
7 
7 

1. 
2. 
3. 
4. 

In the absence of detailed figures, the totals given are for the EU plus the EFTA ..countries. 
Some requests for information  or for participation and comments have not been notified  to the CEN Central  Secretariat. 
Following a reminder by the CEN/CENELEC, some comments dating from the years 1985/1986 were entered in  1987. 
Beginning from  1989, the figures  relate for the most part to the CEN, as a result of the introduction of the Vilamoura system in the CENELEC. 

48 

Table  IVa  -  Standardization  work  entrusted  to  European  standardization  bodies  in 
1992 

1. 

2. 

3. 

Mandates  in connection with the New Approach  Directives 
Directive  89/106/EEC  construction  products:  provisional  mandate  to  the 
standardization bodies CEN and CENELEC. 
Directive  89/336/EEC  mandate  to  CENELEC  relating  to  electromagnetic 
compatibility. 
Directive  concerning  protective  equipment  and  systems  intended  for  use  in 
explosive  atmospheres:  planning  mandate  and  standardization  mandate  to 
CEN and CENELEC. 

Mandates  in connection with the Public Contracts Directives 
Mandate  to  CEN  concerning  certification  of  conformance  with  Community 
regulations on public contracts. 
Mandate  to  CEN  and  CENELEC  in  the  field  of  electricity  production 
concerning  the  implementation  of  European  standards  used  as buyers'  guides 
in  public  contracts  and  concerning  the  drawing  up  of  an  auxiliary  standards 
programme. 
Mandate 
the  drawing  up  of  a 
standardization  programme  in  the  field  of  machinery  and  equipment  for  the 
petroleum 
industry  (exploration,  production,  refining  and  transport  by 
pipeline) and natural gas (exploration, production). 

to  CEN  and  CENELEC  concerning 

for 

ISDN 

(Integrated  Services  Digital  Network) 

Mandates  in  connection  with  Community  policy  in  the  field  of  IT  and 
telecommunications 
Test specifications  for DECT (Digital European Cordless Telephone). 
Test specifications  for ISUP (ISDN User Part) protocols. 
Test  specifications 
videophone. 
Test specifications  for very small aperture aerials (VAST). 
Test specifications  for the ISDN PCI (Programme Communication  Interface). 
High-level  ONP (Open Network Provision) leased lines. 
Automatic message accounting on the fixed public telephone network. 
Coder-decoder for TETRA (Trans-European Trunked Radio). 
Library-related  and documentary  applications. 
Definition  of a database taxonomy. 
Functional  standards in the field of information  systems security. 
Harmonization  of sockets and plugs on the PSTN  (Public Switched  Telephone 
Network). 
ONP  (Open  Network  Provision)  study  relating  to  the  interconnection  of 
PSDNs (Packet-Switched  Data Networks). 
Establishment  of  a  work  programme  relating  to  satellites  with  a  low  earth 
orbit. 

' 

49 

4. 

Identification  of the calling line on the fixed public telephone network. 
Specifications  in the field of equipment for satellite ground stations. 
The  implications  of  ageing  of  the  population  for  the  design  of  telephone 
terminals. 
Establishment of a work programme concerning readaptation technology. 

Mandates in connection with other Community  policies 
Standardization  mandate  to  CEN  concerning  the  analysis  and  liberation  of 
nickel. 
Mandate to CEN concerning  biotechnology. 
Mandate  to  CEN  concerning  reference  methods  for  doses  of  hazardous 
substances in water. 
Mandate  to  CEN  concerning  a  standard  for  a  reference  method  allowing  the 
calibration of automatic measuring equipment for gaseous total organic carbon 
and  the  principal  performance  characteristics  for  automatic  measuring 
equipment. 
Mandate  to  CEN  concerning  a  European  standard  for  a  reference  method 
allowing 
low-
concentration  total  dust  and  the  principal  performance  characteristics  for 
automatic measuring equipment. 
Mandate  to  CEN  concerning  a  test  procedure  allowing  the  demonstration  in 
real conditions of the equivalence of sampling methods for fine particles (up to 
10  pm)  in  suspension  in  ambient  air  in  accordance  with  Community 
directives. 

the  calibration  of  automatic  measuring  equipment  for 

50 

Table  VIb  -  Standardization  work  entrusted  to  European  standardization  bodies  in 
1993 

| 
! 
j 

1. 

- 

- 

2. 

3. 

' 

- 

Mandates in connection with the New Approach  Directives 
Directive  89/392/EEC  -  machine  safety:  mandate  addressed  to  CEN  and 
CENELEC  concerning  the  drawing  up  of  a  standardization  programme  in 
connection  with  standards  published  in  the  context  of  the  "Low  Voltage" 
Directive with regard to the machinery sector. 
Standardization mandate to CEN/CENELEC concerning  lifts. 
Draft  directive  concerning  objects  made  from  precious  metals:  planning 
mandate to CEN/CENELEC. 
Directive  93/42/EEC  concerning medical  equipment:  standardization  mandate 
to CEN/CENELEC. 
Directive 
standardization mandate to CEN/CENELEC. 

89/686/EEC 

equipment: 

concerning 

individual 

protective 

in  the  field  of 

Mandates in connection with the Public Contracts Directives 
Standardization  mandate  addressed  to  CEN/CENELEC 
equipment and installations for the transmission and distribution of gas. 
Planning and standardization mandate to CEN/CENELEC/ETSI  in the field of 
railway equipment. 
Research  mandate  to  CEN/CENELEC/ETSI  cone  rning  the  qualification  of 
public contracts companies. 
ior  the  drawing  up  of  a 
Mandate  addressed  to  CEN/CENELEC/ETSI 
programme  of  standards  in  the  field  of  acquisition  and  computer-assisted 
logistic support (CALS). 

concerning 

standardization  mandate 

Mandates  in  connection  with  Community  policy  in  the  field  of  IT  and 
telecommunications 
Mandate  to  CEN covering the guarantee of quality  in the development  of test 
specifications  for open systems. 
Planning mandate for character technology. 
Supplementary 
compatibility. 
Standardization mandate in the field of geographical  information. 
Mandate relating to safety requirements for mobile communication  equipment: 
thermal aspects of electromagnetic radiation. 
Planning mandate relating to safety  requirements  concerning the  athermanous 
effects  of radiation during use of mobile communications  equipment. 
IT of transport and road  traffic. 
Specification  of manufacturing  messages. 
Open Document Architecture: image and document processing applications. 
Medical IT. 
Planning  mandate  addressed  to  CEN/CENELEC/ETSI  in  the  field  of  the 
exchange of computerized data. 

electromagnetic 

51 

4. 

Mandates in connection with other Community  policies 
Standardization mandate in the field of iron and steel-making. 
Mandate in the field of air traffic  management systems. 

52 

Table  VIc  -  Standardization  work  entrusted  to  European  standardization  bodies  in 
1994 

1. 

2. 

' 

- 

Mandates in connection with the New Approach  Directives 
Directive  93/15/EC  relating  to  explosives  for  civilian  use:  standardization 
mandate to CEN. 
Directive  92/42/EC  relating  to  requirements  placed  on  boiler  efficiency: 
mandate to CEN. 
Directive 94/25/EC relating to pleasure craft:  mandate to CEN. 
Directive  89/392/EEC  -  91/368/EEC  -  93/44/EC  in  the  field  of  machinery: 
standardization mandate to CEN and CENELEC. 
Directive  73/23/EEC  93/68/EEC  -  89/392/EEC  -  91/398/EEC  -  93/44/EC 
concerning  Low  Voltage  and  Machinery:  one mandate  entrusted  to  CEN  and 
CENELEC  concerning  the  revision  of  CEN/CENELEC  standards  in  order  to 
guarantee  their  complete  coherence  with  regard  to  the  Low  Voltage  and 
Machinery  Directives. 
Draft  directive  in  the  field  of  cable  installations  for  the  transport  of  people: 
planning and standardization mandate to CEN, CENELEC and ETSI. 
Draft  directive  concerning  pressurized  equipment:  mandate  to  CEN  and 
CENELEC. 
Draft  directive concerning precious metals: standardization mandate to CEN. 

to  CEN,  CENELEC  and  ETSI  concerning  requirements  for 

Mandates  in  connection  with  Community  policy  in  the  field  of  IT  and 
telecommunications 
Mandate  to  CEN,  CENELEC  and  ETSI  relating  to  computer  systems 
engineering. 
Mandate  to  CEN, CENELEC  and  ETSI  concerning  aircraft-ground  telephone 
systems equipment. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  low  earth  orbit  (LEO) 
satellite stations. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  Trans-European  Trunked 
Radio (TETRA). 
Mandate 
connection to terminal equipment intended for the Euro-ISDN. 
Mandate to CEN, CENELEC and ETSI concerning terminals connected  to the 
DCS  1800 networks. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  the  DECT  generic  access 
profile. 
Mandate to CEN, CENELEC and ETSI concerning the general access of non-
voice terminals to the analogue telephone network. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  new  types  of  specialized 
links. 
Mandate to CEN, CENELEC and ETSI concerning "Local Loop" ONP access. 
Mandate  to  CEN,  CENELEC  and ETSI  concerning  "multiple  B channels" on 
ISDN. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  ONP  "Intelligent 
Networks IN". 

53 

3. 

Mandate  to  CEN,  CENELEC  and  ETSI  concerning  specification  of  the 
harmonized  characteristics  of a set of telephone  tones  generated  by  the public 
telephone networks. 
Mandate to  CEN, CENELEC  and  ETSI  concerning  the test  specifications  for 
DECT applications. 
Mandate to CEN, CENELEC and ETSI concerning social alarm systems. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  the  interface  for  the 
readaptation environment. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  the  connections  for 
switching  interfaces. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  the  audio  description  of 
television broadcasts for the partially sighted and the elderly. 
Mandate 
Broadcasting". 
Mandate 
Broadcasting". 
Mandate to CEN, CENELEC and ETSI concerning access to the SDH system. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  the  EWOS  (European 
Workshop for Open Systems)  1995 work programme. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  the  interface  for  the 
readaptation environment. 
Mandate  to  CEN,  CENELEC  and  ETSI  concerning  the  connections  for 
switching  interfaces. 

to  CEN,  CENELEC  and  ETSI  concerning  "Digital  Video 

to  CEN,  CENELEC  and  ETSI  concerning  "Digital  Audio 

Mandates in connection with other Community  policies 
Mandate  relating  to  methods  of  analysis  in  the  field  of  materials  and  objects 
intended to come into contact with  foodstuffs. 
Research  mandate  to  CEN  concerning  a  proposition  aimed  at  including 
organo-mineral fertilizers  in the annexes to directive 76/116/EEC. 
Standardization  mandate entrusted to CEN concerning the revision of standard 
EN 272 relating to tactile hazard warning indicators. 
Research  and  standardization  mandate  entrusted  to  CEN  concerning  the 
perfection  of methods of analysis for trace-element  fertilizers. 
Standardization  mandate  to  CEN  and  CENELEC  concerning  measuring 
methods for domestic washing machines. 
Standardization  mandate  to  CEN  and  CENELEC  concerning  measuring 
methods for domestic tumble-dryers. 
Standardization  mandate  to  CEN  and  CENELEC  concerning  measuring 
methods for domestic dishwashers. 
Standardization  mandate  to  CEN  and  CENELEC  for  the  drawing  up  of  a 
measuring  standards  programme  relating  to  certain  types  of  domestic 
appliance. 
Mandate  addressed 
environmental management systems. 
Mandate  addressed  to  CEN  and  CENELEC  for  the  drawing  up  of  measuring 
standards relating to domestic refrigerators  and  freezers. 
Directive  94/62/EC  planning  mandate  to  CEN  and  CENELEC  in the  field  of 

to  CEN  concerning  a  standard 

the  field  of 

in 

54 

packaging and packaging waste. 
Standardization  mandate to CEN and  CENELEC  in the  field  of thermal  solar 
systems and components. 
Mandate to CEN and CENELEC in the field of advanced ceramics. 
Planning  mandate  to  CEN  and  CENELEC  in  the  field  of  equipment  and 
installations for the transport and distribution of electricity. 

55 

Tabel VII 

Notifications per Member State 1992-1994 

1992 

1993 

1994 

11 
28 
65 
12 
73 
11 
2 
40 
3 
38 
12 
67 
362 

18 
18 
80 
15 
85 
12 
3 
36 
1 
24 
7 
106 
385 

16 
34 
98 
25 
60 
12 
1 
34 
0 
40 
7 
62 
389 

%  1992 

% 1993 

% 1994 

3 
7,7 
18 
3,3 
20 
3 
0,6 
11 
0,8 
10,5 
3,3 
18,5 

4,7 
4,7 
20,8 
3,9 
16,9 
3,1 
0,8 
9,4 
0,3 
6,2 
1,8 
27,5 

4,1 
8,7 
25,2 
6,4 
15,4 
3,1 
0,3 
8,7 
0 
10,3 
1,8 
15,9 

Member  States 
Belgium 
Danmark 
Germany 
Spain 
France 
Greece 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United Kingdom 
Total  EEC 

Member  States 
Belgium 
Danmark 
Germany 
Spain 
France 
Greece 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United Kingdom 

56 

Notifications of Member States per Sector 1992 

Sector  1992 

B 

Building and  Construction 
Agriculture  and Food  Products 
Chemical  Products 
Pharmaceutical  Products 
Products  for  Household  and  Leisure Use 
Mechanical  Engineering 
Energy, Minerals  and  Wood 
Environment,  Packaging 
Health, Medical  Equipment 
Transport 
Telecom 
Other  Products 
Total by  Country 

1 
5 

^s 

0 
0 
2 
0 
0 
0 
1 
1 
1 
11 

DK 
4 
1 
1 
1 
1 
5 
0 
0 
0 
5 
9 
1 
28 

D 

E 

F 

26 
1 
3 
2 
4 
3 
1 
2 
1 
8 
14 
0 
65 

3 
3 
0 
0 
0 
1 
0 
0 
0 
0 
5 
0 
12 

4 
15 
3 
5 
2 
3 
2 
0 
2 
0 
37 
0 
73 

GR 
1 
4 
2 
2 
0 
1 
0 
0 
1 
0 
0 
0 
11 

IRL 
0 
0 
0 
0 
0 
0 
0 
0 
1 
1 
0 
0 
2 

I 

L 

4 
20 
2 
1 
0 
3 
0 
0 
1 
3 
5 
1 
40 

NL 
0 
21 
2 
1 
1 
1 
0 
4 
0 
1 
7 
0 
38 

0 
1 
0 
0 
0 
0 
0 
2 
0 
0 
0 
0 
3 

P 

2 
1 
0 
0 
0 
3 
0 
0 
1 
2 
3 
0 
12 

UK 
11 
5 
2 
2 
2 
7 
0 
1 
2 
26 
8 
1 
67 

Table VIII 

Total EEC 

56 
77 
15 
14 
10 
29 
3 
9 
9 
47 
89 
4 
362 

57 

Notifications  of Member  States per Sector  1993 

Table IX 

Sector  1993 

B 

DK 

D 

E 

F 

GR 

I 

L 

NL 

P 

UK 

Total  EEC 

IR 
L 

Building and  Construction 
Agriculture  and  Food  Products 
Chemical  Products 
Pharmaceutical  Products 
Products for  Household  and  Leisure Use 
Mechanical  Engineering 
Energy, Minerals  and  Wood 
Environment,  Packaging 
Health, Medical  Equipment 
Transport 
Telecom 
Other  Products 
Total by Country 

0 
3 
0 
0 
0 
2 
0 
1 
0 
2 
10 
0 
18 

0 
0 
2 
0 
0 
1 
0 
0 
0 
7 
8 
0 
18 

19 
7 
2 
2 
0 
11 
1 
1 
2 
9 
24 
2 
80 

1 
7 
2 
0 
0 
• 3 
0 
0 
0 
0 
2 
0 
15 

0 
2 
8 
5 
0 
12 
4 
0 
3 
13 
18 
0 
65 

4 
0 
1 
3 
0 
0 
0 
1 
1 
2 
0 
0 
12 

0 
0 
0 
0 
1 
2 
0 
0 
0 
0 
0 
0 
3 

2 
20 
4 
1 
0 
1 
0 
0 
0 
6 
2 
0 
36 

0 
1 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
1 

0 
11 
1 
0 
0 
3 
0 
4 
1 
0 
4 
0 
24 

1 
3 
0 
0 
0 
2 
0 
0 
0 
0 
1 
0 
7 

8 
2 
2 
9 
1 
2 
1 
0 
2 
14 
63 
2 
106 

35 
56 
22 
20 
2 
39 
6 
7 
9 
53 
132 
4 
385 

1 

58 

Notifications  of Member  States per Sector 1994 

Sector  1994 

B 

Building and  Construction 
Agriculture  and  Food  Products 
Chemical  Products 
Pharmaceutical  Products 
Products  for Household  and  Leisure Use 
Mechanical  Engineering 
Energy, Minerals  and  Wood 
Environment,  Packaging 
Health, Medical  Equipment 
Transport 
Telecom 
Other  Products 
Total by  Country 

0 
0 
0 
1 
0 
0 
0 
0 
1 
1 
13 
0 
16 

DK 
1 
2 
2 
0 
3 
7 
2 
0 
0 
5 
12 
0 
34 

D 

E 

F 

28 
6 
2 
1 
0 
29 
i 
0 
2 
2 
27 
0 
98 

2 
4 
1 
1 
0 
4 
0 
0 
0 
6 
4 
3 
25 

4 
11 
5 
4 
1 
11 
0 
0 
1 
8 
15 
0 
60 

GR 
1 
2 
2 
1 
0 
n 
0 
0 
0 
'2 
1 
1 
12 

IRL 
0 
0 
0 
0 
0 
0 
0 
0 
0 
1 
0 
0 
1 

I 

L 

3 
17 
2 
0 
0 
5 
0 
1 
0 
3 
2 
1 
34 

NL 
3 
14 
2 
0 
1 
6 
0 
1 
0 
1 
12 
0 
40 

0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 

P 

UK 
10 
6 
1 
6 
2 
8 
1 
0 
0 
5 
23 
0 
62 

0 
3 
0 
0 
0 
2 
1 
0 
0 
0 
1 
0 
7 

Table X 

Total  EEC 

52 
65 
17 
14 
7 
74 
5 
2 
4 
34 
110 
5 
389 

59 

Notifications  of EFTA  States 

Table XI 

EFTA  States 
Austria 
Finland 
Iceland 
Norway 
Sweden 
Switzerland 
Total  EFTA 

1992 

1993 

1994 

29 
28 
1 
16 
47 
10 
131 

17 
18 
0 
29 
18 
28 
110 

18 
2 
0 
7 
33 
43 
103 

Notifications  of EFTA  States per sector  1992-1994 

Table XII 

Sector 

1992 

1993 

1994 

Building and  Construction 
Agriculture  and Food  Products 
Chemical  Products 
Pharmaceutical  Products 
Products  for  Household  and  Leisure Use 
Mechanical  Engineering 
Energy, Minerals  and  Wood 
Environment,  Packaging 
Health, Medical  Equipment 
Transport 
Telecom 
Other  Products 
Total 

9 
9 
11 
0 
3 
18 
1 
18 
3 
15 
38 
6 
131 

2 
4 
16 
3 
2 
11 
10 
6 
2 
8 
46 
0 
110 

8 
16 
10 
2 
4 
13 
1 
4 
0 
9 
34 
2 
103 

60 

ISSN 0254-1475 

COM(96) 286 final 

DOCUMENTS 

EN 

02  08  10 

Catalogue number  : CB-CO-96-292-EN-C 

ISBN 92-78-05589-1 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

& -i