Statistics relating to technical regulations notified in 2003 under the Directive 98/34/EC procedure — Information supplied by the Commission in accordance with Article 11 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services
Date: 2004-08-28
Institutions: European Commission
Subjects: EU law - national law, EU statistics, access to information, exchange of information, information society, technical regulations, technical standard

C 216/2

EN

Official Journal of the European Union

28.8.2004

STATISTICS RELATING TO TECHNICAL REGULATIONS NOTIFIED IN 2003 UNDER THE
DIRECTIVE 98/34/EC PROCEDURE

Information supplied by the Commission in accordance with Article 11 of Directive 98/34/EC of
the European Parliament and of the Council laying down a procedure for the provision of informa-
tion in the field of technical standards and regulations and of rules on Information Society
services (1)

(2004/C 216/02)

(Text with EEA relevance)

I. TYPES OF REACTIONS SENT TO EC MEMBER STATES REGARDING THE DRAFTS NOTIFIED BY EACH OF THEM

Member State

Notifications

Observations (1)

Detailed Opinions (2)

Proposals for
Community Acts

Member
State

Commission

EFTA (3)

Member
State

Commission

9(3) (4)

9(4) (5)

Belgium

Denmark

Germany

Spain

Finland

France

Greece

Ireland

Italy

Luxembourg

The Netherlands

Austria

Portugal

Sweden

United Kingdom

30

40

47

30

11

61

17

9

37

5

53

51

8

38

49

5

24

14

8

1

23

4

4

16

0

16

6

1

12

18

EU Total

486

152

5

9

17

12

5

23

11

2

14

3

20

10

4

6

24

165

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2

11

17

0

1

5

2

2

8

1

3

3

1

0

3

1

9

9

18

0

13

4

0

11

3

2

2

2

3

3

59

80

1

0

1

0

0

0

0

0

0

0

1

0

0

1

0

4

0

0

0

0

0

0

0

0

0

0

0

0

1

0

0

1

(1) Article 8(2) of the Directive.
(2) Article 9(2) of the Directive (‘detailed opinion ... to the effect that the envisaged measure may create obstacles to the free movement

of goods or services or to freedom of establishment of service operators within the internal market’).

(3) On the basis of the Agreement on the European Economic Area, the EFTA countries contracting parties to this Agreement apply
Directive 98/34/EC adapted as necessary in accordance with Annex II, Chapter XIX, Point 1, and may thus issue observations relating
to drafts notified by Member States of the Community. Switzerland may also issue such observations on the basis of an informal
agreement for the exchange of information in the field of technical regulations.

(4) Article 9(3) of the Directive requiring Member States to postpone the adoption of a notified draft (except for draft regulations
concerning services) for 12 months from receipt by the Commission if the latter announces its intention to propose or adopt a Direc-
tive, Regulation, or Decision on the matter.

(5) Article 9(4) of the Directive requiring Member States to postpone the adoption of a notified draft for twelve months from the receipt
by the Commission if the latter announces its finding that the draft concerns a matter which is covered by a proposal for a Directive,
Regulation or Decision presented to the Council.

(1) Directive 98/34/EC of 22 June 1998 (OJ L 204 of 21 July 1998) consolidates Directive 83/189/EEC, as amended
principally by Directives 88/182/EEC and 94/10/EC. Directive 98/34/EC was amended by Directive 98/48/CE of 20
July 1998 (OJ L 217, of 5 August 1998) which broadened its scope to include information society services. This
came into effect on 5 August 1999.

28.8.2004

EN

Official Journal of the European Union

C 216/3

II. BREAKDOWN BY SECTOR OF DRAFTS NOTIFIED BY EU MEMBER STATES

Sector

BE

DK

DE

ES

FI

FR

GR

IE

Building and construc-
tion

Foodstuffs and agri-
cultural products

Chemicals

Pharmaceuticals

Domestic and leisure
equipment

Machinery

0

3

0

0

3

3

Energy, ore, wood

13

Environment, packaging

Health, medical equip-
ment

Transport

Telecommunications

Miscellaneous products

Information society
services

2

0

2

1

2

1

8

10

3

2

0

1

2

2

1

7

2

2

0

8

8

3

4

0

3

0

1

0

9

6

3

2

2

6

1

1

1

1

1

0

0

1

16

0

0

3

0

0

0

0

1

0

0

0

3

1

2

1

10

14

1

9

2

10

6

0

0

1

3

4

1

1

1

1

1

0

4

3

0

1

0

4

0

1

Total per Member State

30

40

47

30

11

61

17

2

0

0

1

1

0

0

1

0

0

0

4

0

9

IT

5

15

0

0

1

5

2

1

0

3

1

1

3

37

LU

NL

AT

PT

SE

GB

EC
Total

0

0

0

0

0

0

1

0

0

0

1

1

2

5

1

16

16

14

6

0

0

3

6

8

0

7

1

3

2

1

1

0

2

5

2

0

0

7

2

1

53

51

0

0

0

1

0

0

0

0

0

2

2

1

2

8

2

1

59

11

10

108

1

1

0

4

1

1

0

0

4

2

2

0

7

0

13

12

2

2

0

5

4

2

17

25

10

39

40

25

2

60

52

31

18

38

49

486

III. OBSERVATIONS RELATING TO DRAFTS NOTIFIED BY ICELAND, LIECHTENSTEIN, NORWAY (1) AND SWITZER-

LAND (2)

Iceland

Liechtenstein

Norway

Switzerland

Country

Notifications

EC Observations (*)

3

1

25

5

34

Total

1

0

17

1

19

(*) The only type of Community reaction provided for by the Agreement on the European Economic Area (see notes 4 and 7) is the
facility to issue observations (Article 8(2) of Directive 98/34/EC as in Annex II, Chapter XIX, point 1 of this Agreement). The same
type of reaction may be issued in respect of Swiss notifications on the basis of the informal agreement between the Community and
Switzerland (see notes 4 and 8).

(1) The Agreement on the European Economic Area (see note 4) requires EFTA countries which are contracting parties

to this Agreement to notify draft technical regulations to the Commission.

(2) On the basis of the informal agreement for the exchange of information in the field of technical regulations (see note

4), Switzerland forwards its draft technical regulations to the Commission.

C 216/4

EN

Official Journal of the European Union

28.8.2004

IV. BREAKDOWN BY SECTOR OF DRAFTS NOTIFIED BY LIECHTENSTEIN, ICELAND, NORWAY AND SWITZER-

Sector

Iceland

Liechtenstein

Norway

Switzerland

Total per sector

LAND

Foodstuffs
products

Chemicals

and

agricultural

Pharmaceuticals

Energy

Environment, packaging

Transport

Telecommunications

Miscellaneous products

Information society services

Total per country

2

1

0

0

0

0

0

0

0

3

0

0

0

0

0

0

0

0

1

1

14

1

2

1

0

3

1

2

1

25

1

0

0

1

1

0

1

0

0

5

17

2

2

2

1

3

2

3

2

34

V. STATISTICS ON INFRINGEMENT PROCEDURES ONGOING IN 2003 AND INITIATED UNDER ARTICLE 226 OF
THE EC TREATY AGAINST NATIONAL TECHNICAL REGULATIONS ADOPTED IN BREACH OF THE PROVISIONS
OF DIRECTIVE 98/34/EC

Total per Member State

Country

Number

Belgium

Denmark

Germany

Spain

Finland

France

Greece

Ireland

Italy

Luxembourg

The Netherlands

Austria

Portugal

Sweden

United Kingdom

4

0

1

3

1

1

1

1

2

2

1

0

2

0

0

EU TOTAL

19