Proposal for a Directive 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 (Codification)
Date: 2010-04-23
Institutions: European Commission
Subjects: European standard, access to information, exchange of information, standard, standardisation, technical standard

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EUROPEAN COMMISSION  

Brussels, 23.4.2010 
COM(2010)179 final 

2010/0095 (COD) 

Proposal for a 

DIRECTIVE 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 

(Codification) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  the  law  of  the  Union  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if the law is to be clear and transparent. 

On 1 April 1987 the Commission decided1 to instruct its staff that all legislative acts 
should  be  codified  after  no  more  than  ten  amendments,  stressing  that  this  is  a 
minimum  requirement  and  that  departments  should  endeavour  to  codify  at  even 
shorter intervals the texts for which they are responsible, to ensure that the rules are 
clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  procedure  for 
the adoption of acts of the Union. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

The purpose of this proposal is to undertake a codification of Directive 98/34/EC of 
the  European  Parliament  and  of  the  Council  of  22  June  1998  laying  down  a 
procedure  for  the  provision  of  information  in  the  field  of  technical  standards  and 
regulations  and  of  rules  on  Information  Society  services3.  The  new  Directive  will 
supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully  preserves  the 
content of the acts being codified and hence does no more than bring them together 
with only such formal amendments as are required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex V, Part A of this proposal. 

1. 

2. 

3. 

4. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Directive 98/34/EC  and  the  instruments  amending  it, 
carried  out  by  the  Publications  Office  of  the  European  Union,  by  means  of 
a data-processing  system.  Where  the  Articles  have  been  given  new  numbers,  the 
correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table  contained  in 
Annex VI to the codified Directive. 

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(cid:208) 98/34/EC (adapted) 
(cid:206)1 98/48/EC Art. 1 pt.1 

2010/0095 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

(cid:206)1 laying down a procedure for the provision of information in the field of technical 
standards and regulations and of rules on Information Society services  (codification) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles ⌦ 114 ⌫ , ⌦ 337 ⌫ and 43 thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the opinion of the European Economic and Social Committee5, 

After transmission of the proposal to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure6, 

Whereas: 

(cid:208) 

(1) 

Directive 98/34/EC  of  the  European  Parliament  and  of  the  Council  of  22  June 1998 
laying  down  a  procedure  for  the  provision  of  information  in  the  field  of  technical 
standards  and  regulations  and  of  rules  on  Information  Society  services7;  has  been 
substantially amended several times8. In the interests of clarity and rationality the said 
Directive should be codified. 

(2) 

The  internal  market  comprises  an  area  without  internal  frontiers  in  which  the  free 
movement  of  goods,  persons,  services  and  capital  is  ensured.  Therefore,  the 
prohibition  of  quantitative  restrictions  on  the  movement  of  goods  and  of  measures 
having an equivalent effect is one of the basic principles of the Union. 

(cid:208) 98/34/EC (adapted) 

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6 
7 
8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 204, 21.7.1998, p. 37. 
See Annex V, Part A. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In  order  to  promote  the  smooth  functioning  of  the  internal  market,  as  much 
transparency  as  possible  should  be  ensured  as  regards  national  initiatives  for  the 
establishment of technical standards or regulations. 

Barriers  to  trade  resulting  from  technical  regulations  relating  to  products  may  be 
allowed  only  where  they  are  necessary  in  order  to  meet  essential  requirements  and 
have an objective in the public interest of which they constitute the main guarantee. 

It  is  essential  for  the  Commission  to  have  the  necessary  information  at  its  disposal 
before  the  adoption of  technical provisions.  Consequently,  the  Member  States  which 
are  required  to  facilitate  the  achievement  of  its  task  pursuant  to  Article  4(3)  of  the 
Treaty  on  European  Union  (TEU)  must  notify  it  of  their  projects  in  the  field  of 
technical regulations. 

All  the  Member  States  must  also  be  informed  of  the  technical  regulations 
contemplated by any one Member State. 

The  aim  of  the  internal  market  is  to  create  an  environment  that  is  conducive  to  the 
competitiveness  of  undertakings.  Increased  provision  of  information  is  one  way  of 
helping  undertakings  to  make  more  of  the  advantages  inherent  in  this  market.  It  is 
therefore  necessary  to  enable  economic  operators  to  give  their  assessment  of  the 
impact  of  the  national  technical  regulations  proposed  by  other  Member  States,  by 
providing for the regular publication of the titles of notified drafts and by means of the 
provisions relating to the confidentiality of such drafts. 

It  is  appropriate,  in  the  interests  of  legal  certainty,  that  Member  States  publicly 
announce that a national technical regulation has been adopted in accordance with the 
formalities laid down in this Directive. 

As  far  as  technical  regulations  for  products  are  concerned,  the  measures  designed  to 
ensure  the  proper  functioning  or  the  continued  development  of  the  market  include 
greater  transparency  of  national  intentions  and  a  broadening  of  the  criteria  and 
conditions for assessing the potential effect of the proposed regulations on the market. 

(10) 

It  is  therefore  necessary  to  assess  all  the  requirements  laid  down  in  respect  of  a 
product and to take account of developments in national practices for the regulation of 
products. 

(11)  Requirements,  other  than  technical  specifications,  referring  to  the  life  cycle  of  a 
product after it has been placed on the market are liable to affect the free movement of 
that product or to create obstacles to the proper functioning of the internal market. 

(12) 

It is necessary to clarify the concept  of a de facto technical  regulation. In particular, 
the provisions by which the public authority refers to technical specifications or other 
requirements,  or  encourages  the  observance  thereof,  and  the  provisions  referring  to 
products with which the public authority is associated, in the public interest, have the 
effect of conferring on such requirements or specifications a more binding value than 
they would otherwise have by virtue of their private origin. 

(13)  The Commission and the Member States must also be allowed sufficient time in which 
to propose amendments to a contemplated measure, in order to remove or reduce any 
barriers which it might create to the free movement of goods. 

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(14)  The  Member  State  concerned  must  take  account  of  these  amendments  when 

formulating the definitive text of the measure envisaged. 

(cid:208) 98/34/EC (adapted) 

(15) 

It  is  inherent  in  the  internal  market  that,  in  particular  where  the  principle  of  mutual 
recognition cannot be implemented by the Member States, the Commission adopts or 
proposes the adoption of binding acts. A specific temporary standstill period has been 
established  in  order  to  prevent  the  introduction  of  national  measures  from 
compromising the adoption of binding acts by ⌦ the European Parliament and ⌫ the 
Council or ⌦ by ⌫ the Commission in the same field. 

(16)  The Member State in question must, pursuant to the general obligations laid down in 
Article 4(3)  of  the  TEU,  defer  implementation  of  the  contemplated  measure  for  a 
period  sufficient  to  allow  either  a  joint  examination  of  the  proposed  amendments  or 
the preparation of a proposal for a ⌦ legislative ⌫ act or the adoption of a binding 
act of the Commission.  

(17)  With  a view to facilitating the adoption of measures ⌦ by  the European  Parliament 
and  the  Council ⌫ ,  Member  States  should  refrain  from  adopting  technical 
regulations  once  the  Council  has  adopted  a  position  ⌦ at  first  reading ⌫  on  a 
Commission proposal concerning that sector. 

(cid:208) 98/34/EC recital 18 (adapted) 

(18) 

In  practice,  national  technical  standards  may  have  the  same  effects  on  the  free 
movement of goods as technical regulations. 

(cid:208) 98/34/EC recital 19 

(cid:208) 98/34/EC recital 20 (adapted) 

(19) 

It would therefore appear necessary to inform the Commission of draft standards under 
similar  conditions  to  those  which  apply  to  technical  regulations.  Pursuant  to 
Article 337  of  the  TEU,  the  Commission  may,  within  the  limits  and  under  the 
conditions  laid  down  by  the  Council  in  accordance  with  the  provisions  of  the 
⌦ Treaties ⌫,  collect  any  information  and  carry  out  any  checks  required  for  the 
performance of the tasks entrusted to it. 

(20) 

It is also necessary for the Member States and the standards institutions to be informed 
of standards contemplated by standards institutions in the other Member States. 

(cid:208) 98/34/EC recital 21 

(21)  Systematic  notification  is  actually  necessary  only  in  the  case  of  new  subjects  for 
standardisation  and  in  so  far  as  the  treatment  of  these  subjects  at  national  level  may 
give rise to differences in national standards which are liable to disturb the functioning 

(cid:208) 98/34/EC recital 22 

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of the market as a result. Any subsequent notification or communication relating to the 
progress of national activities must depend on the interest in such activities expressed 
by those to whom this new subject has already been communicated. 

(22)  The Commission must nevertheless be able to request the communication of all or part 
of  the  national  standardisation  programmes  so  that  it  can  review  the  development  of 
standardisation activity in particular economic sectors. 

(cid:208) 98/34/EC recital 23 

(23)  The  European  standardisation  system  must  be  organised  by  and  for  the  parties 
concerned, on a basis of coherence, transparency, openness, consensus, independence 
of special interests, efficiency and decision-making based on national representation. 

(cid:208) 98/34/EC recital 24 

(cid:208) 98/34/EC recital 25 (adapted) 

(24)  The functioning of standardisation in the Union must be based on fundamental rights 
for  the  national  standardisation  bodies,  such  as  the  possibility  of  obtaining  draft 
standards,  being  informed  of  the  action  taken  in  response  to  comments  submitted, 
being associated with national standardisation activities or requesting the preparation 
of  European  standards  in  place  of  national  standards.  It  is  for  the  Member  States  to 
take the appropriate measures in their power to ensure that their standardisation bodies 
observe these rights. 

(25)  The  provisions  concerning  the  standstill  arrangements  applicable  to  national 
standardisation  bodies  when  a  European  standard  is  in  preparation  must  be  brought 
into line with the relevant provisions adopted by the standardisation bodies within the 
framework of the European standardisation bodies. 

(cid:208) 98/34/EC recital 26  

(26) 

It  is  necessary  to  ⌦ envisage ⌫  a  Standing  Committee,  the  members  of  which 
⌦ are ⌫ appointed by the Member States with the task of helping the Commission 
to examine draft national standards and cooperating in its efforts to lessen any adverse 
effects thereof on the free movement of goods. 

(cid:208) 98/34/EC recital 27 (adapted) 

(27)  The  Standing  Committee  should  be  consulted  on  the  draft  standardisation  requests 

referred to in this Directive. 

(cid:208) 98/34/EC recital 28 

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(28)  This  Directive  must  not  affect  the  obligations  of  the  Member  States  concerning  the 
deadlines for transposition in national law of the Directives set out in Annex V, Part B, 

(cid:208) 98/34/EC recital 29 

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 98/34/EC 

Article 1 

1. For the purposes of this Directive, the following meanings shall apply: 

(a) 

‘product’,  any  industrially  manufactured  product  and  any  agricultural  product, 
including fish products; 

(b) 

‘service’,  any  Information  Society  service,  that  is  to  say,  any  service  normally 
provided  for  remuneration,  at  a  distance,  by  electronic  means  and  at  the  individual 
request of a recipient of services. 

(cid:208) 98/48/EC Art. 1 pt. 2(a) 

For the purposes of this definition: 

(i) 

(ii) 

‘at  a  distance’  means  that  the  service  is  provided  without  the  parties  being 
simultaneously present, 

‘by electronic means’ means that the service is sent initially and received at its 
destination  by  means  of  electronic  equipment  for  the  processing  (including 
digital  compression)  and  storage  of  data,  and  entirely  transmitted,  conveyed 
and received by wire, by radio, by optical means or by  other  electromagnetic 
means, 

(iii)  ‘at  the  individual  request  of  a  recipient  of  services’  means  that  the  service  is 

provided through the transmission of data on individual request; 

An indicative list of services not covered by this definition is set out in Annex III; 

(cid:208) 98/34/EC (adapted) 
(cid:206)1 98/48/EC Art. 1 pt. 2(b) 

(cid:206)1 (c)  

‘technical  specification’,  a  specification  contained  in  a  document  which  lays 
down the characteristics required of a product such as levels of quality, performance, 
safety or dimensions, including the requirements applicable to the product as regards 
the  name  under  which  the  product  is  sold,  terminology,  symbols,  testing  and  test 
methods, packaging, marking or labelling and conformity assessment procedures. 

The  term  ‘technical  specification’  also  covers  production  methods  and  processes 
used  in  respect  of  agricultural  products  as  referred  to  Article  38(1),  second 

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subparagraph  of  the  TFEU,  products  intended  for  human  and  animal  consumption, 
and  medicinal  products  as  defined  in  Article  1  of  Directive  ⌦ 2001/83/EC  of  the 
European  Parliament  and  of  the  Council ⌫9,  as  well  as  production  methods  and 
processes  relating  to  other  products,  where  these  have  an  effect  on  their 
characteristics; 

(cid:206)1 (d)  

‘other  requirements’,  a  requirement,  other  than  a  technical  specification, 
imposed on a product for the purpose of protecting, in particular, consumers or the 
environment, and which affects its life cycle after it has been placed on the market, 
such  as  conditions  of  use,  recycling,  reuse  or  disposal,  where  such  conditions  can 
significantly influence the composition or nature of the product or its marketing; 

(e) 

‘rule  on  services’,  requirement  of  a  general  nature  relating  to  the  taking-up  and 
pursuit of service activities within the meaning of point (b), in particular provisions 
concerning the service provider, the services and the recipient of services, excluding 
any rules which are not specifically aimed at the services defined in that point. 

(cid:208) 98/48/EC Art. 1 pt. 2(c) 

For the purposes of this definition: 

(i) 

a  rule  shall  be  considered  to  be  specifically  aimed  at  Information  Society 
services where, having regard to its statement of reasons and its operative part, 
the  specific  aim  and  object  of  all  or  some  of  its  individual  provisions  is  to 
regulate such services in an explicit and targeted manner, 

(ii) 

a rule shall not be considered to be specifically aimed at Information Society 
services if it affects such services only in an implicit or incidental manner; 

(cid:208) 98/34/EC 
(cid:206)1 98/48/EC Art. 1 pt. 2(d) 

(cid:206)1 (f)  

‘standard’, a technical specification approved by a recognised standardisation 
body  for  repeated  or  continuous  application,  with  which  compliance  is  not 
compulsory and which is one of the following: 

(i) 

international  standard:  a  standard  adopted  by  an  international  standardisation 
organisation and made available to the public, 

(ii)  European standard: a standard adopted by a European standardisation body and 

made available to the public, 

(iii)  national  standard:  a  standard  adopted  by  a  national  standardisation  body  and 

made available to the public; 

(cid:206)1 (g)  

‘standards  programme’,  a  work  programme  of  a  recognised  standardisation 

body listing the subjects on which standardisation work is being carried out; 

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⌦ OJ L 311, 28.11.2001, p. 67 ⌫. 

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(cid:206)1 (h)  

‘draft  standard’,  document  containing  the  text  of  the  technical  specifications 
concerning  a  given  subject,  which  is  being  considered  for  adoption  in  accordance 
with the national standards procedure, as that document stands after the preparatory 
work and as circulated for public comment or scrutiny; 

(cid:206)1 (i)  

‘European standardisation body’, a body referred to in Annex I; 

(cid:206)1 (j) ‘national standardisation body’, a body referred to in Annex II; 

(cid:208) 98/48/EC Art. 1 pt. 2(e) 

(k) 

‘technical  regulation’,  technical  specifications  and  other  requirements  or  rules  on 
services, including the relevant administrative provisions, the observance of which is 
compulsory,  de  jure  or  de  facto,  in  the  case  of  marketing,  provision  of  a  service, 
establishment of a service operator or use in a Member State or a major part thereof, 
as  well  as  laws,  regulations  or  administrative  provisions  of  Member  States,  except 
those provided for in Article 10, prohibiting the manufacture, importation, marketing 
or use of a product or prohibiting the provision or use of a service, or establishment 
as a service provider; 

De facto technical regulations include: 

(i) 

laws,  regulations  or  administrative  provisions  of  a  Member  State  which  refer 
either  to  technical  specifications  or  to  other  requirements  or  to  rules  on 
services,  or  to  professional  codes  or  codes  of  practice  which  in  turn  refer  to 
technical  specifications  or  to  other  requirements  or  to  rules  on  services, 
compliance  with  which  confers  a  presumption  of  conformity  with  the 
obligations imposed by the aforementioned laws, regulations or administrative 
provisions, 

(ii)  voluntary  agreements  to  which  a  public  authority  is  a  contracting  party  and 
which  provide,  in  the  general  interest,  for  compliance  with  technical 
specifications  or  other  requirements  or  rules  on  services,  excluding  public 
procurement tender specifications, 

(iii) 

technical  specifications  or  other  requirements  or  rules  on  services  which  are 
linked to fiscal or financial measures affecting the consumption of products or 
services by encouraging compliance with such technical specifications or other 
technical  specifications  or  other 
requirements  or 
requirements or rules on services linked to national social security systems are 
not included. 

rules  on  services; 

(cid:208) 98/48/EC Art. 1 pt. 2(e) 
(adapted) 

This  comprises  technical  regulations  imposed  by  the  authorities  designated  by  the 
Member  States  and  appearing  on  a  list  ⌦ drawn  up  and  updated,  where 
appropriate ⌫  by  the  Commission  before,  in  the  framework  of  the  Committee 
referred to in Article 5. 

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The same procedure shall be used for amending this list; 

(cid:208) 98/48/EC Art. 1 pt. 2(e) 

(l) 

‘draft technical regulation’, the text of a technical specification or other requirement 
or of a rule on services, including administrative provisions, formulated with the aim 
of  enacting  it  or  of  ultimately  having  it  enacted  as  a  technical  regulation,  the  text 
being at a stage of preparation at which substantial amendments can still be made. 

(cid:208) 98/48/EC Art. 1 pt. 2(f) 

(cid:208) 98/48/EC Art. 1 pt. 2(a) 
(adapted) 

2. This Directive shall not apply to: 

(a) 

(b) 

radio broadcasting services; 

television  broadcasting  services  covered  by  point  ⌦ (e) ⌫  of  Article  1  of 
⌦ Council ⌫ Directive 89/552/EEC10. 

(cid:208) 98/48/EC Art.1 pt. 2(c) 
(adapted) 

3.  This  Directive  shall  not  apply  to  rules  relating  to  matters  which  are  covered  by  Union 
by 
legislation 
Directive ⌦ 2002/21/EC of the European Parliament and of the Council ⌫11. 

telecommunications 

services, 

defined 

field 

the 

as 

of 

in 

4.  This  Directive  shall  not  apply  to  rules  relating  to  matters  which  are  covered  by  Union 
legislation  in  the  field  of  financial  services,  as  listed  non-exhaustively  in  Annex  IV  to  this 
Directive. 

5.  With  the  exception  of  Article  8(3),  this  Directive  shall  not  apply  to  rules  enacted  by  or 
of 
for regulated  markets  within 
the  meaning 
the European Parliament  and  of  the  Council12 ⌫  or  by  or  for  other  markets  or  bodies 
carrying out clearing or settlement functions for those markets. 

of  Directive ⌦ 2004/39/EC 

6. This Directive shall not apply to those measures Member States consider necessary under 
the  ⌦ Treaties ⌫  for  the  protection  of  persons,  in  particular  workers,  when  products  are 
used, provided that such measures do not affect the products. 

(cid:208) 98/34/EC (adapted) 

10 
11 
12 

OJ L 298, 17.10.1989, p. 23. 
⌦ OJ L 108, 24.4.2002, p. 33 ⌫. 
OJ L 145, 30.4.2004, p. 1. 

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Article 2 

1.  The  Commission  and  the  standardisation  bodies  referred  to  in  Annexes  I  and  II  shall  be 
informed  of  the  new  subjects  for  which  the  national  bodies  referred  to  in  Annex  II  have 
decided,  by  including  them  in  their  standards  programme,  to  prepare  or  amend  a  standard, 
unless it is an identical or equivalent transposition of an international or European standard. 

2. The information referred to in paragraph 1 shall indicate, in particular, whether the standard 
concerned: 

(a) 

(b) 

(c) 

will transpose an international standard without being the equivalent; 

will be a new national standard; or 

will amend a national standard. 

After consulting the Committee referred to in Article 5, the Commission may draw up rules 
for  the  consolidated  presentation  of  this  information  and  a  plan  and  criteria  governing  the 
presentation of this information in order to facilitate its evaluation. 

3. The Commission may ask for all or part of the standards programmes to be communicated 
to it. 

It  shall  make  this  information  available  to  the  Member  States  in  a  form  which  allows  the 
different programmes to be assessed and compared. 

4. Where appropriate, the Commission shall amend Annex II on the basis of communications 
from the Member States. 

5.  The  Council  shall  decide,  on  the  basis  of  a  proposal  from  the  Commission,  on  any 
amendment to Annex I. 

Article 3 

The standardisation bodies referred to in Annexes I and II, and the Commission, shall be sent 
all draft standards on request; they shall be kept informed by the body concerned of the action 
taken on any comments they have made relating to drafts. 

Article 4 

1. Member States shall take all necessary steps to ensure that their standardisation bodies: 

(a) 

(b) 

(c) 

communicate information in accordance with Articles 2 and 3; 

publish the draft standards in such a way that comments may also be obtained from 
parties established in other Member States; 

grant  the  other  bodies  referred  to  in  Annex  II  the  right  to  be  involved  passively  or 
actively (by sending an observer) in the planned activities; 

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(d) 

do  not  object  to  a  subject  for  standardisation  in  their  work  programme  being 
discussed at European level in accordance with the rules laid down by the European 
standardisation  bodies  and  undertake  no  action  which  may  prejudice  a  decision  in 
this regard. 

2. Member States shall refrain in particular from any act of recognition, approval or use by 
reference to a national standard adopted in breach of Articles 2 and 3 and of paragraph 1 of 
this Article. 

Article 5 

A Standing Committee shall be set up consisting of representatives appointed by the Member 
States  who  may  call  on  the  assistance  of  experts  or  advisers;  its  chairman  shall  be  a 
representative of the Commission. 

The Committee shall draw up its own rules of procedure. 

1.  The  Committee  shall  meet  at  least  twice  a  year  with  the  representatives  of  the  standards 
institutions referred to in Annexes I and II. 

Article 6 

The  Committee  shall  meet  in  a  specific  composition  to  examine  questions  concerning 
Information Society services. 

(cid:208) 98/48/EC Art. 1 pt. 3(a) 

(cid:208) 98/34/EC 

2.  The  Commission  shall  submit  to  the  Committee  a  report  on  the  implementation  and 
application  of  the  procedures  set  out  in  this  Directive,  and  shall  present  proposals  aimed  at 
eliminating existing or foreseeable barriers to trade. 

3. The Committee shall express its opinion on the communications and proposals referred to 
in paragraph 2 and may in this connection propose, in particular, that the Commission: 

(a) 

(b) 

(c) 

(d) 

request the European standards institutions to draw up a European standard within a 
given time limit; 

ensure where  necessary, in  order to avoid the risk of barriers to trade, that initially 
the Member States concerned decide amongst themselves on appropriate measures; 

take all appropriate measures; 

identify the areas where harmonisation appears necessary, and, should the case arise, 
undertake appropriate harmonisation in a given sector. 

EN 

13 

   EN 

 
 
 
4. The Committee must be consulted by the Commission: 

(a) 

(b) 

(c) 

(d) 

(e) 

before any amendment is made to the lists in Annexes I and II (Article 2(1)); 

when drawing up the rules for the consolidated presentation of information and the 
plan and criteria for the presentation of standards programmes (Article 2(2)); 

when deciding on the actual system whereby the exchange of information provided 
for in this Directive is to be effected and on any change to it; 

when reviewing the operation of the system set up by this Directive; 

on the requests to the standards institutions referred to in point (a) of paragraph 3. 

5.  The  Committee  may  be  consulted  by  the  Commission  on  any  preliminary  draft  technical 
regulation received by the latter. 

6.  Any  question  regarding  the  implementation  of  this  Directive  may  be  submitted  to  the 
Committee at the request of its chairman or of a Member State. 

7.  The  proceedings  of  the  Committee  and  the  information  to  be  submitted  to  it  shall  be 
confidential. 

However,  the  Committee  and  the  national  authorities  may,  provided  that  the  necessary 
precautions  are  taken,  consult,  for  an  expert  opinion,  natural  or  legal  persons,  including 
persons in the private sector. 

8. With respect to rules on services, the Commission and the Committee may consult natural 
or legal persons from industry or academia, and where possible representative bodies, capable 
of delivering an expert opinion on the social and societal aims and consequences of any draft 
rule on services, and take notice of their advice whenever requested to do so. 

(cid:208) 98/48/EC Art. 1 pt. 3(b) 

(cid:208) 98/34/EC 

Article 7 

1. Member States shall take all appropriate measures to ensure that, during the preparation of 
a  European  standard  referred  to  in  point  (a)  of  Article  6(3)  or  after  its  approval,  their 
standardisation  bodies  do  not  take  any  action  which  could  prejudice  the  harmonisation 
intended and, in particular, that they do not publish in the field in question a new or revised 
national standard which is not completely in line with an existing European standard. 

2. Paragraph 1 shall not apply to the work of standards institutions undertaken at the request 
of the public authorities to draw up technical specifications or a standard for specific products 
for the purpose of enacting a technical regulation for such products. 

Member States shall communicate all requests of the kind referred to in the first subparagraph 
of  this  paragraph  to  the  Commission  as  draft  technical  regulations,  in  accordance  with 
Article 8(1), and shall state the grounds for their enactment. 

EN 

14 

   EN 

 
 
 
Article 8 

1. Subject to Article 10, Member States shall immediately communicate to the Commission 
any  draft  technical  regulation,  except  where  it  merely  transposes  the  full  text  of  an 
international or European standard, in which case information regarding the relevant standard 
shall suffice; they shall also let the Commission have a statement of the grounds which make 
the  enactment  of  such  a  technical  regulation  necessary,  where  these  have  not  already  been 
made clear in the draft. 

Where appropriate, and unless it has already been sent with a prior communication, Member 
States  shall  simultaneously  communicate  the  text  of  the  basic  legislative  or  regulatory 
provisions principally and directly concerned, should knowledge of such text be necessary to 
assess the implications of the draft technical regulation. 

(cid:208) 98/34/EC (adapted) 

Member States shall communicate the draft again under the conditions ⌦ set out in the first 
and second subparagraphs of this paragraph ⌫ if they make changes to the draft that have the 
effect  of  significantly  altering  its  scope,  shortening  the  timetable  originally  envisaged  for 
implementation, adding specifications or requirements, or making the latter more restrictive. 

⌦ Without prejudice to the provisions of Title VIII of Regulation (EC) No 1907/2006 of the 
European Parliament and of the Council13, ⌫ where, in particular, the draft seeks to limit the 
marketing or use of a chemical substance, preparation or product on grounds of public health 
or of the protection of consumers or the environment, Member States shall also forward either 
a  summary  or  the  references  of  all  relevant  data  relating  to  the  substance,  preparation  or 
product  concerned  and  to  known  and  available  substitutes,  where  such  information  may  be 
available,  and  communicate  the  anticipated  effects  of  the  measure  on  public  health  and  the 
protection of the consumer and the environment, together with an analysis of the risk carried 
out  as  appropriate  in  accordance  with  the  principles ⌦ provided  for  in  the  relevant  part  of 
Section II.3 of Annex XV to Regulation (EC) No 1907/2006 ⌫. 

The  Commission  shall  immediately  notify  the  other  Member  States  of  the  draft  and  all 
documents which have been forwarded to it; it may also refer this draft, for an opinion, to the 
Committee referred to in Article 5 and, where appropriate, to the committee responsible for 
the field in question. 

(cid:208) 98/34/EC 

(cid:208) 98/48/EC Art. 1 pt. 4 (adapted) 

With respect to the technical specifications or other requirements or rules on services referred 
to  in  point  (iii)  of  the  second  subparagraph  of  point  (k)  of  Article  1(1),  the  comments  or 
detailed opinions of the Commission or Member States may concern only aspects which may 
hinder trade or, in respect of rules on services, the free movement of services or the freedom 
of establishment of service operators and not the fiscal or financial aspects of the measure. 

13 

OJ L 396, 30.12.2006, p. 1. 

EN 

15 

   EN 

 
 
 
 
                                                 
(cid:208) 98/34/EC (adapted) 

2. The Commission and the Member States may make comments to the Member State which 
has forwarded a draft technical regulation; that Member State shall take such comments into 
account as far as possible in the subsequent preparation of the technical regulation. 

3.  Member  States  shall  communicate  the  definitive  text  of  a  technical  regulation  to  the 
Commission without delay. 

4.  Information  supplied  under  this  Article  shall  not  be  confidential  except  at  the  express 
request of the notifying Member State. Any such request shall be supported by reasons. 

In cases of this kind, if necessary precautions are taken, the Committee referred to in Article 5 
and  the  national  authorities  may  seek  expert  advice  from  physical  or  legal  persons  in  the 
private sector. 

5.  When  draft  technical  regulations  form  part  of  measures  which  are  required  to  be 
communicated to the Commission at the draft stage under another Union act, Member States 
may make a communication within the meaning of paragraph 1 under that other act, provided 
that they formally indicate that the said communication also constitutes a communication for 
the purposes of this Directive. 

The  absence  of  a  reaction  from  the  Commission  under  this  Directive  to  a  draft  technical 
regulation shall not prejudice any decision which might be taken under other Union acts. 

1. Member States shall postpone the adoption of a draft technical regulation for three months 
from the date of receipt by the Commission of the communication referred to in Article 8(1). 

Article 9 

(cid:208) 98/48/EC Art. 1 pt. 5(a) 
(adapted) 

2. Member States shall postpone: 

– 

– 

for four months the adoption of a draft technical regulation in the form of a voluntary 
agreement within the meaning of point (ii) of the second subparagraph of point (k) of 
Article 1(1), 

without prejudice to paragraphs 3, 4 and 5, for six months the adoption of any other 
draft technical regulation (except for draft rules on services), 

from the date of receipt by the Commission of the communication referred to in Article 8(1) if 
the Commission or another Member State delivers a detailed opinion, within three months of 
that date, to the effect that the measure envisaged may create obstacles to the free movement 
of goods within the internal market, 

– 

without  prejudice  to  paragraphs  4  and  5,  for  four  months  the  adoption  of  any  draft 
rule on services, from the date of receipt by the Commission of the communication 
referred  to  in  Article  8(1)  if  the  Commission  or  another  Member  State  delivers  a 

EN 

16 

   EN 

 
 
 
detailed  opinion,  within  three  months  of  that  date,  to  the  effect  that  the  measure 
envisaged may create obstacles to the free movement of services or to the freedom of 
establishment of service operators within the internal market. 

With  regard  to  draft  rules  on  services,  detailed  opinions  from  the  Commission  or  Member 
States  may  not  affect  any  cultural  policy  measures,  in  particular  in  the  audiovisual  sphere, 
which Member States might adopt in accordance with the law of the Union, taking account of 
their linguistic diversity, their specific national and regional characteristics and their cultural 
heritage. 

The Member State concerned shall report to the Commission on the action it proposes to take 
on such detailed opinions. The Commission shall comment on this reaction. 

With  respect  to  rules  on  services,  the  Member  State  concerned  shall  indicate,  where 
appropriate, the reasons why the detailed opinions cannot be taken into account. 

3.  With  the  exclusion  of  draft  rules  relating  to  services,  Member  States  shall  postpone  the 
adoption  of  a  draft  technical  regulation  for  twelve  months  from  the  date  of  receipt  by  the 
Commission of the communication referred to in Article 8(1) if, within three months of that 
date, the Commission announces its intention of proposing or adopting a directive, regulation 
or decision on the matter in accordance with Article 288 of the TFEU. 

(cid:208) 98/34/EC (adapted) 

4.  Member  States  shall  postpone  the  adoption  of  a  draft  technical  regulation  for  12 months 
from the date of receipt by the Commission of the communication referred to in Article 8(1) 
if, within the three months following that date, the Commission announces its finding that the 
draft  technical  regulation  concerns  a  matter  which  is  covered  by  a  proposal  for  a  directive, 
regulation  or  decision  presented  to  the  ⌦ European  Parliament  and  the ⌫  Council  in 
accordance with Article 288 of the TFEU. 

5. If the Council adopts a position ⌦ at first reading ⌫ during the standstill period referred 
to in paragraphs 3 and 4, that period shall, subject to paragraph 6, be extended to 18 months. 

6. The obligations referred to in paragraphs 3, 4 and 5 shall lapse: 

(a) 

(b) 

(c) 

when the Commission informs the Member States that it no longer intends to propose 
or adopt a binding act; 

when  the  Commission  informs  the  Member  States  of  the  withdrawal  of  its  draft  or 
proposal; 

when  ⌦ a  binding  act  has  been  adopted  by ⌫  the  Commission  or  ⌦ by ⌫  the 
⌦ European Parliament and the ⌫ Council. 

7. Paragraphs 1 to 5 shall not apply in cases where: 

(a) 

for urgent reasons, occasioned by serious and unforeseeable circumstances relating to 
the protection of public health or safety, the protection of animals or the preservation 

(cid:208) 98/48/EC Art. 1 pt. 5(b) 

EN 

17 

   EN 

 
 
 
of plants, and for rules on services, also for public policy, notably the protection of 
minors,  a  Member  State  is  obliged  to  prepare  technical  regulations  in  a  very  short 
space  of  time  in  order  to  enact  and  introduce  them  immediately  without  any 
consultations being possible; or 

(b) 

for urgent reasons occasioned by serious circumstances relating to the protection of 
the  security  and  the  integrity  of  the  financial  system,  notably  the  protection  of 
depositors,  investors  and  insured  persons,  a  Member  State  is  obliged  to  enact  and 
implement rules on financial services immediately. 

In  the  communication  referred  to  in  Article  8,  the  Member  State  shall  give  reasons  for  the 
urgency of the measures taken. The Commission shall give its views on the communication as 
soon as possible. It shall take appropriate action in cases where improper use is made of this 
procedure. The European Parliament shall be kept informed by the Commission. 

(cid:208) 98/34/EC 

Article 10 

1. Articles 8 and 9 shall not apply to those laws, regulations and administrative provisions of 
the Member States or voluntary agreements by means of which Member States: 

(cid:208) 98/48/EC Art. 1 pt. 6(a) 
(adapted) 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

comply  with  binding  Union  acts  which  result  in  the  adoption  of  technical 
specifications or rules on services; 

fulfil  the  obligations  arising  out  of  international  agreements  which  result  in  the 
adoption of common technical specifications or rules on services in the Union; 

make use of safeguard clauses provided for in binding Union acts; 

(cid:208) 98/34/EC (adapted) 

apply ⌦ Article 12(1) of Directive 2001/95/EC of the European Parliament and of 
the Council ⌫14; 

restrict  themselves  to  implementing  a  judgment  of  the  Court  of  Justice  of  the 
European Union; 

(cid:208) 98/48/EC Art. 1 pt. 6(b) 

restrict  themselves  to  amending  a  technical  regulation  within  the  meaning  of 
point (k)  of  Article  1(1),  in  accordance  with  a  Commission  request,  with  a  view  to 
removing  an  obstacle  to  trade  or,  in  the  case  of  rules  on  services,  to  the  free 
movement of services or the freedom of establishment of service operators. 

14 

⌦ OJ L 11, 15.1.2002, p. 4 ⌫. 

EN 

18 

   EN 

 
 
 
 
 
                                                 
2.  Article  9  shall  not  apply  to  the  laws,  regulations  and  administrative  provisions  of  the 
Member States prohibiting manufacture insofar as they do not impede the free movement of 
products. 

(cid:208) 98/34/EC 

(cid:208) 98/48/EC Art. 1 pt. 6(c) 
(adapted) 

3.  Paragraphs  3  to  6  of  Article  9  shall  not  apply  to  the  voluntary  agreements  referred  to  in 
point (ii) of the second subparagraph of point (k) of Article 1(1). 

4. Article 9 shall not apply to the technical specifications or other requirements or the rules on 
services referred to in point (iii) of the second subparagraph of point (k) of Article 1(1). 

(cid:208) 98/34/EC (adapted) 

Article 11 

The Commission shall report every two years to the European Parliament, the Council and the 
⌦ European ⌫  Economic  and  Social  Committee  on  the  results  of  the  application  of  this 
Directive.  

Lists of standardisation work entrusted to the European standardisation organisations pursuant 
to this Directive, as well as statistics  on  the notifications received, shall be published on an 
annual basis in the Official Journal of the European Union. 

Article 12 

When Member States adopt a technical regulation, it shall contain a reference to this Directive 
or  shall  be  accompanied  by  such  reference  on  the  occasion  of  its  official  publication.  The 
methods of making such reference shall be laid down by Member States. 

(cid:208) 

Article 13 

Directive 98/34/EC, as amended by the Acts listed in Annex V, Part A, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law of the Directives set out in Annex III, Part B of the repealed Directive, and 
in Annex V, part B of this Directive. References to the repealed Directive shall be construed 
as  references  to  this  Directive  and  shall  be  read  in  accordance  with  the  correlation  table  in 
Annex VI. 

EN 

19 

   EN 

 
 
 
 
 
(cid:208) 98/34/EC 

Article 14 

This  Directive  shall  enter  into  force  on  the  20th  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 15 

This Directive is addressed to the Member States. 

Done at […], […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

20 

   EN 

 
 
ANNEX I 

EUROPEAN STANDARDISATION BODIES 

CEN 

European Committee for Standardisation 

Cenelec 

European Committee for Electrotechnical Standardisation 

ETSI 

European Telecommunications Standards Institute 

_____________ 

EN 

21 

   EN 

 
(cid:208) 2006/96/EC Art. 1 and Annex, 
pt. F (adapted) 

ANNEX II 

NATIONAL STANDARDISATION BODIES 

1. 

BELGIUM 

NBN 

Bureau de normalisation 

Bureau voor Normalisatie 

CEB/BEC 

Comité électrotechnique belge 

Belgisch Elektrotechnisch Comité 

2. 

BULGARIA 

БИС 

Български институт за стандартизация 

3. 

CZECH REPUBLIC 

ÚNMZ 

Úřad pro technickou normalizaci, metrologii a státní zkušebnictví 

4. 

DENMARK 

DS 

Fonden Dansk Standard 

NITA 

IT- og Telestyrelsen, National IT and Telecom Agency 

5. 

GERMANY 

DIN 

Deutsches Institut für Normung e.V. 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DKE 

Deutsche Elektrotechnische Kommission im DIN und VDE 

6. 

ESTONIA 

EVS 

Eesti Standardikeskus 

Sideamet 

7. 

IRELAND 

NSAI 

National Standards Authority of Ireland 

ETCI 

Electrotechnical Council of Ireland  

8. 

GREECE 

ΕΛΟΤ 

Ελληνικός Οργανισµός Τυποποίησης 

9. 

SPAIN 

AENOR 

Asociación Española de Normalización y Certificación 

10. 

FRANCE 

AFNOR 

Association française de normalisation 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
11. 

ITALY 

UNI15 

Ente nazionale italiano di unificazione 

CEI16 

Comitato elettrotecnico italiano 

12. 

CYPRUS 

ΚΟΠΠ 

Κυπριακός  Οργανισµός  Προώθησης  Ποιότητας  (The  Cyprus  Organisation  for 
Quality Promotion) 

13. 

LATVIA 

LVS 

SIA “Standartizācijas, akreditācijas un metroloģijas centrs” 

Standartizācijas birojs 

14. 

LITHUANIA 

LST 

Lietuvos standartizacijos departamentas 

15. 

LUXEMBOURG 

ILNAS 

Institut  luxembourgeois  de  la  normalisation,  de  l’accréditation,  de  la  sécurité  et 
qualité des produits et services 

15 

16 

L'UNI  and  CEI,  in  cooperation  with  the  Istituto  superiore  delle  Poste  e  Telecommunicazioni  and  the 
ministero  dell'Industria,  have  allocated  the  work  within  ETSI  to  CONCIT  (Comitato  nazionale  di 
coordinamento per le tecnologie dell'informazione). 
L'UNI  and  CEI,  in  cooperation  with  the  Istituto  superiore  delle  Poste  e  Telecommunicazioni  and  the 
ministero  dell'Industria,  have  allocated  the  work  within  ETSI  to  CONCIT  (Comitato  nazionale  di 
coordinamento per le tecnologie dell'informazione). 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
16. 

HUNGARY 

MSZT 

Magyar Szabványügyi Testület 

17 

MALTA 

MSA 

L-Awtorita' ta' Malta dwar l-Istandards (Malta Standards Authority) 

18. 

NETHERLANDS 

NEN 

Nederlands Normalisatie instituut 

NEC 

Nederlands Elektrotechnisch Comité 

19. 

AUSTRIA 

ÖN 

Österreichisches Normungsinstitut 

ÖVE 

Österreichischer Verband für Elektrotechnik 

20. 

POLAND 

PKN 

Polski Komitet Normalizacyjny 

21. 

PORTUGAL 

IPQ 

Instituto Português da Qualidade 

EN 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
22. 

ROMANIA 

ASRO 

Asociaţia de Standardizare din România 

23. 

SLOVENIA 

SIST 

Slovenski inštitut za standardizacijo 

24. 

SLOVAKIA 

SÚTN 

Slovenský ústav technickej normalizácie 

25. 

FINLAND 

SFS 

Suomen Standardisoimisliitto SFS ry 

Finlands Standardiseringsförbund SFS rf 

FICORA  

Viestintävirasto  

Kommunikationsverket  

SESKO 

Suomen Sähköteknillinen Standardisoimisyhdistys SESKO ry 

Finlands Elektrotekniska Standardiseringsförening SESKO rf 

26. 

SWEDEN 

SIS 

Swedish Standards Institute  

SEK 

Svensk elstandard  

EN 

26 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ITS 

Informationstekniska standardiseringen 

27. 

UNITED KINGDOM 

BSI 

British Standards Institution 

_____________ 

EN 

27 

   EN 

 
 
 
 
 
(cid:208) 98/48/EC Art. 1 pt. 7 

ANNEX III 

Indicative list of services not covered by the second subparagraph of point (b) of 
Article 1(1) 

1. 

SERVICES NOT PROVIDED ‘AT A DISTANCE’ 

Services provided in the physical presence of the provider and the recipient, even if 
they involve the use of electronic devices: 

(a)  medical  examinations  or  treatment  at  a  doctor's  surgery  using  electronic 

equipment where the patient is physically present; 

(b) 

consultation of an electronic catalogue in a shop with the customer on site; 

(c) 

(d) 

plane  ticket  reservation  at  a  travel  agency  in  the  physical  presence  of  the 
customer by means of a network of computers; 

electronic  games  made  available  in  a  video-arcade  where  the  customer  is 
physically present. 

2. 

SERVICES NOT PROVIDED ‘BY ELECTRONIC MEANS’ 

– 

Services having material content even though provided via electronic devices: 

(a) 

automatic cash or ticket dispensing machines (banknotes, rail tickets); 

(b) 

access  to  road  networks,  car  parks,  etc.,  charging  for  use,  even  if  there 
are  electronic  devices  at  the  entrance/exit  controlling  access  and/or 
ensuring correct payment is made, 

– 

– 

Off-line services: distribution of CD roms or software on diskettes, 

Services which are not provided via electronic processing/inventory systems: 

(a) 

voice telephony services; 

(b) 

telefax/telex services; 

(c) 

services provided via voice telephony or fax; 

(d) 

telephone/telefax consultation of a doctor; 

(e) 

telephone/telefax consultation of a lawyer; 

(f) 

telephone/telefax direct marketing. 

EN 

28 

   EN 

 
 
3. 

SERVICES  NOT  SUPPLIED  ‘AT  THE  INDIVIDUAL  REQUEST  OF  A  RECIPIENT  OF 
SERVICES’ 

Services provided by transmitting data without individual demand for simultaneous 
reception  by  an  unlimited  number  of  individual  receivers  (point  to  multipoint 
transmission): 

(a) 

television  broadcasting  services  (including  near-video  on-demand  services), 
covered by point ⌦ (e) ⌫ of Article 1 of Directive 89/552/EEC; 

(cid:208) 98/48/EC Art. 1 pt. 7 (adapted) 

(cid:208) 98/48/EC Art. 1 pt. 7 

(b) 

radio broadcasting services; 

(c) 

(televised) teletext. 

_____________ 

EN 

29 

   EN 

 
 
 
 
ANNEX IV 

Indicative list of the financial services covered by Article 1(4) 

– 

– 

– 

– 

– 

Investment services, 

Insurance and reinsurance operations, 

Banking services, 

Operations relating to pension funds, 

Services relating to dealings in futures or options. 

Such services include in particular: 

(cid:208) 98/48/EC Art. 1 pt. 7 (adapted) 

(a) 

(b) 

investment  services  referred  to  in  the  Annex  to  Directive  ⌦ 2004/39/EC ⌫ ; 
services of collective investment undertakings; 

services  covered  by  the  activities  subject  to  mutual  recognition  referred  to  in 
⌦ Annex I  to  Directive  2006/48/EC  of  the  European  Parliament  and  of  the 
Council ⌫ 17; 

(c) 

operations covered by the insurance and reinsurance activities referred to in: 

– 

– 

– 

Article 1 of Council Directive 73/239/EEC18, 

Council Directive 64/225/EEC19, 

Council  Directive  92/49/EEC20  and  ⌦ Directive  2002/83/EC  of  the  Council 
and of the European Parliament ⌫21. 

_____________ 

17 
18 
19 
20 
21 

⌦ OJ L 177, 30.6.2006, p. 1 ⌫. 
OJ L 228, 16.8.1973, p. 3. 
OJ 56, 4.4.1964, p. 878.  
OJ L 228, 11.8.1992, p. 1. 
⌦ OJ L 345, 19.12.2002, p. 1 ⌫. 

EN 

30 

   EN 

 
 
                                                 
(cid:207) 

ANNEX V 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 13) 

Directive 98/34/EC of the European Parliament 
and of the Council 
(OJ L 204, 21.7.1998, p. 37) 

Directive 98/48/EC of the European 
Parliament and of the Council 
(OJ L 217, 5.8.1998, p. 18) 

Part 1, Title H of Annex II to Act of 
Accession 2004 
(OJ L 236, 23.9.2003, p. 68) 

Only as regards the reference to 
point 2 of Directive 98/34/EC 

Council Directive 2006/96/EC 
(OJ L 363 of 20.12.2006, p. 81) 

Only as regards the reference to 
Article 1 of Directive 98/34/EC 

Part B 

List of time-limits for transposition into national law  
(referred to in Article 13) 

Directive 

Time-limit for transposition  

98/34/EC 

98/48/EC 

2006/96/EC 

- 

5 August 1999 

1 January 2007 

_____________ 

EN 

31 

   EN 

 
 
 
 
ANNEX VI 

CORRELATION TABLE 

Directive 98/34/EC 

This Directive 

Article 1, first subparagraph, 
introductory wording 

Article 1(1), introductory wording 

Article 1, first subparagraph, point (1) 

Article 1(1), point (a) 

Article 1, first subparagraph, point (2), 
first subparagraph 

Article 1(1), point (b), first subparagraph  

Article 1, first subparagraph, point (2), 
second subparagraph, first indent 

Article 1(1), point (b), second 
subparagraph, point (i) 

Article 1, first subparagraph, point (2), 
second subparagraph, second indent 

Article 1(1), point (b), second 
subparagraph, point (ii) 

Article 1, first subparagraph, point (2), 
second subparagraph, third indent 

Article 1(1), point (b), second 
subparagraph, point (iii) 

Article 1, first subparagraph, point (2), 
third subparagraph 

Article 1, first subparagraph, point (2), 
fourth subparagraph, introductory 
wording 

Article 1(1), point (b), third subparagraph 

Article 1(2), introductory wording 

Article 1, first subparagraph, point (2), 
fourth subparagraph, first indent 

Article 1(2), point (a) 

Article 1, first subparagraph, point (2), 
fourth subparagraph, second indent 

Article 1(2), point (b) 

Article 1, first subparagraph, point (3) 

Article 1(1), point (c) 

Article 1, first subparagraph, point (4) 

Article 1(1), point (d) 

Article 1, first subparagraph, point (5), 
first subparagraph 

Article 1(1), point (e), first subparagraph 

Article 1, first subparagraph, point (5), 
second subparagraph 

Article 1(3) 

Article 1, first subparagraph, point (5), 
third subparagraph 

Article 1(4) 

Article 1, first subparagraph, point (5), 
fourth subparagraph 

Article 1(5) 

EN 

32 

   EN 

 
Article 1, first subparagraph, point (5), 
fifth subparagraph, introductory sentence 

Article 1(1), point (e), second 
subparagraph, introductory sentence  

Article 1, first subparagraph, point (5), 
fifth subparagraph, first indent 

Article 1(1), point (e), second 
subparagraph, point (i) 

Article 1, first subparagraph, point (5), 
fifth subparagraph, second indent 

Article 1(1), point (e), second 
subparagraph, point (i) 

Article 1, first subparagraph, point (6), 
introductory sentence 

Article 1(1), point (f), introductory 
sentence 

Article 1, first subparagraph, point (6), 
first indent 

Article 1, first subparagraph, point (6), 
second indent 

Article 1, first subparagraph, point (6), 
third indent 

Article 1(1), point (f), point (i)  

Article 1(1), point (f), point (ii) 

Article 1(1), point (f), point (iii) 

Article 1, first subparagraph, 
points (7) to (10) 

Article 1(1), points (g) to (j) 

Article 1, first subparagraph, point (11), 
first subparagraph 

Article 1, first subparagraph, point (11), 
second subparagraph, introductory 
sentence 

Article 1(1), point (k), first subparagraph 

Article 1(1), point (k), second 
subparagraph, introductory sentence 

Article 1, first subparagraph, point (11) 
second subparagraph, first indent 

Article 1(1), point (k), second 
subparagraph, point (i) 

Article 1, first subparagraph, point (11), 
second subparagraph, second indent  

Article 1(1), point (k), second 
subparagraph, point (ii) 

Article 1, first subparagraph, point (11), 
second subparagraph, third indent  

Article 1(1), point (k), second 
subparagraph, point (iii) 

Article 1, first subparagraph, point (11), 
third subparagraph 

Article 1, first subparagraph, point (11), 
fourth subparagraph 

Article 1(1), point (k), third subparagraph 

Article 1(1), point (k), fourth subparagraph 

Article 1, first subparagraph, point (12) 

Article 1(1), point (l) 

Article 1, second subparagraph 

Article 1(6) 

Article 2(1) 

Article 2(1) 

EN 

33 

   EN 

 
Article 2(2), first subparagraph, 
introductory wording 

Article 2(2), first subparagraph, 
introductory wording 

Article 2(2), first subparagraph, first 
indent 

Article 2(2), first subparagraph, second 
indent 

Article 2(2), first subparagraph, third 
indent 

Article 2(2), first subparagraph, point (a) 

Article 2(2), first subparagraph, point (b) 

Article 2(2), first subparagraph, point (c) 

Article 2(2), second subparagraph 

Article 2(2), second subparagraph 

Article 2(3), (4) and (5) 

Article 2(3), (4) and (5) 

Article 3 

Article 3  

Article 4(1), introductory wording  

Article 4(1), introductory wording  

Article 4(1), first indent 

Article 4(1), point (a) 

Article 4(1), second indent 

Article 4(1), point (b) 

Article 4(1), third indent 

Article 4(1), point (c) 

Article 4(1), fourth indent 

Article 4(1), point (d) 

Article 4(2)  

Article 5  

Article 4(2) 

Article 5 

Article 6(1) and (2) 

Article 6(1) and (2) 

Article 6(3), introductory wording 

Article 6(3), introductory wording 

Article 6(3), first indent 

Article 6(3), point (a) 

Article 6(3), second indent 

Article 6(3), point (b) 

Article 6(3), third indent 

Article 6(3), point (c) 

Article 6(3), fourth indent 

Article 6(3), point (d) 

Article 6(4) to (8) 

Article 6(4 ) to (8) 

Article 7 

Article 8 

Article 7  

Article 8 

Article 9(1) to (5) 

Article 9(1) to (5) 

EN 

34 

   EN 

 
Article 9(6), introductory wording 

Article 9(6), introductory wording 

Article 9(6), first indent 

Article 9(6), point (a) 

Article 9(6), second indent 

Article 9(6), point (b) 

Article 9(6), third indent 

Article 9(6), point (c) 

Article 9(7), first subparagraph, 
introductory wording  

Article 9(7), first subparagraph, 
introductory wording  

Article 9(7), first subparagraph, first 
indent 

Article 9(7), first subparagraph, second 
indent 

Article 9(7), first subparagraph, point (a) 

Article 9(7), first subparagraph, point (b) 

Article 9(7), second subparagraph 

Article 9(7), second subparagraph 

Article 10(1), introductory wording 

Article 10(1), introductory wording 

Article 10(1), first indent 

Article 10(1), point (a) 

Article 10(1), second indent 

Article 10(1), point (b) 

Article 10(1), third indent 

Article 10(1), point (c) 

Article 10(1), fourth indent 

Article 10(1), point (d) 

Article 10(1), fifth indent 

Article 10(1), point (e) 

Article 10(1), sixth indent 

Article 10(1), point (f) 

Article 10(2), (3) and (4) 

Article 10(2), (3) and (4) 

Article 11, first sentence 

Article 11, first subparagraph 

Article 11, second sentence 

Article 11, second subparagraph 

Article 12 

Article 13 

- 

Article 14 

Article 15 

Annexe I 

Annexe II 

EN 

Article 12  

- 

Article 13 

Article 14 

Article 15 

Annexe I 

Annexe II 

35 

   EN 

 
Annexe III 

Annexe IV 

Annexe V 

Annexe VI 

- 

- 

- 

- 

Annexe III 

Annexe IV 

Annexe V 

Annexe VI 

_____________ 

EN 

36 

   EN