CELEX: 51993PC0444
Language: en
Date: 1993-10-06
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE SECOND TIME DIRECTIVE 83/189/EEC LAYING DOWN A PROCEDURE FOR THE PROVISION OF INFORMATION IN THE FIELD OF TECHNICAL STANDARDS AND REGULATIONS

No C 290 /4                              Official Journal of the European Communities                                     27 . 10 . 93
                                                                   n
                                                          (Preparatory Acts)
                                                   COMMISSION
                 Amended proposal for a Council Directive amending for the second time Directive
                 83/189/EEC laying down a procedure for the provision of information in the field of technical
                                                   standards and regulations (')
                                                           (93 / C 290 /05)
                                                 COM(93) 444 final — SYN 445
                 (Submitted by the Commission pursuant to Article 149 (3) of the EEC-Treaty on 6 October 1993)
Acting on the opinion delivered by Parliament (2) at first             4. last subparagraph of Article 1 (9) is amended to read
reading, the Commission has decided to amend its                           as follows :
proposal as follows :
                                                                           'Technical regulations imposed by all local authorities
1 . the following recital is inserted after recital 1 3 :                  except those at the level immediately below the
    'whereas it is therefore imperative that the urgency                   central government shall be excluded . A detailed list
    procedure be adapted in a way that reflects                            of the authorities that impose technical regulations is
    experience to date .';                                                 published in Annex III of this Directive .';
2 . recital 16 is amended to read as follows :                         5 . third subparagraph of Article 8 ( 1 ) is amended to read
                                                                           as follows :
    'whereas it is appropriate, in the interests of legal
    certainty, that Member States publicly announce that
    a national technical regulation has been adopted in                    'Member States shall communicate the draft again
    accordance with the formalities laid down in the                       under the above conditions if they make significant
    Directive .';                                                          changes to the draft that have the effect inter alia of
                                                                           extending its scope, shortening the timetable orig­
3 . paragraph 4 of Article 1 is amended to read as                         inally envisaged for implementation, adding specifi­
    follows :                                                              cations or requirements, or making the latter more
                                                                           retrictive.';
    '4 . "standard", a technical specification approved by a
         recognized standardizing body for repeated or                6 . Article 8 (4) is amended to read as follows :
         continuous applications with which compliance is
         not compulsory.
                                                                           '4 . Information supplied under this Article shall not
         The following definitions shall apply :                           be confidential, except at the express request of the
            s                                                              notifying Member State. Any such request shall be
         — international standard : a standard adopted by                  explained by reasons .';
              an international standardization organization
              and made available to the public,
                                                                      7 . in Article 9 ( 1 ), (2), (3) and (4) the terms 'receipt by
         — European standard : a standard adopted by one                   the Commission of the' are inserted after 'from the
              of the European standardization bodies listed                date of the.';
              in Annex I and made available to the public,
         — national standard : a standard adopted by one               8 . Article 11 is amended to read as follows :
              of the national standardization bodies listed in
              Annex II and made available to the public.                   'The Commission shall report every two years to the
                                                                           European Parliament and the Economic and Social
         Points 3 and 4 shall become points 5 and 6                        Committee on the results of the application of this
         respectively.' ;                                                  Directive . Lists of standardization work entrusted to
                                                                           the European standardization organizations pursuant
                                                                           to this Directive, as well as statistics on the notifi­
o OJ No C 340 , 23 . 12 . 1992 , p. 7 .                                    cations received shall be published on an annual basis
O Adopted on 24 May 1993 (EP A3-0153 /93).                                 in the Official Journal ofthe European Community.'-,
 ---pagebreak---  27. 10 . 93                                  Official Journal of the European Communities                            No C 290/5
 9 . the following Annex is inserted after Annex II :                       FRANCE :               Régions (y compris les DOM)
      ANNEX III
                                                                                                   (26)
                                                                            IRELAND :              Counties (32)
     List of authorities to which the Directive will apply (in
     addition to the central authorities of the Member States) :            ITALIA :               Regioni (20
                                                                            LUXEMBOURG             Districts (3)
     BELGIQUE :                Régions (3) et communautés (3)               NEDERLAND :            Produktschappen in de zin van
     DANMARK :                 Amtskommuner ( 14)                                                  de wet op de bedrijfsorganisatie
     DEUTSCHLAND               Lander ( 16)                                                        ( 12)
     ELLAS :                   Perifereia ( 13)                             PORTUGAL :             Regioes autonomas (2)
     ESPANA :                  Comunidades autonomas ( 17)                  UNITED KINGDOM : Nations (4)'
                Amended proposal for a Council Regulation (EEC) concerning arrangements for implementing
                                          the Agreement on the European Economic Area (')
                                                               (93 /C 290/06)
                                                             COM(93) 466 final
                                                                                                     /
                (Submitted by the Commission pursuant to Article 149 (3) of the EEC-Treaty on 6 October 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Whereas the EEA Agreement provides for an EEA Joint
                                                                         Committee with decision-making powers ; whereas the
                                                                         Community will have to state its views within that
Having regard to the Treaty establishing the European                    Committee and it is therefore necessary to lay down
Economic Community, and in particular Article 238                        rules of procedure for deciding on the position the
thereof,                                                                 Community will adopt ;
Having regard to the proposal from the Commission,                       Whereas provisional rules of procedure must be laid
                                                                         down to incorporate the acquis communautaire as close as
Having regard to the assent of the European Parliament,                  possible to the date of entry into force of the EEA
                                                                         Agreement, in good time to secure the objectives of the
                                                                         EEA Agreement, namely to establish a dynamic and
Whereas an Agreement on the European Economic Area                       homogenous European Economic Area ;
between the European Economic Community, the
European Coal and Steel Community and their Member
States, on the one hand, and the EFTA States, on the                     Whereas it is necessary to lay down the procedures for
other, was signed in Oporto on 2 May 1992.;                              putting into effect the safeguard clauses provided for in
                                                                         Articles 112 and 114 of the EEA Agreement ;
Whereas, following Switzerland's non-ratification of the
EEA Agreement, the European Community, the                               Whereas implementing rules must also be provided for in
European Coal and Steel Community and their Member                       the field of competition, to enable the principles
States, on the one hand , and the Republic of Austria, the               governing the application of competition law, on the
Republic of Finland , the Republic of Iceland , the Princi­              basis of Articles 85 and 86 of the EEC Treaty, to be
pality of Liechtenstein, the Kingdom of Norway and the                   applied mutatis mutandis to the EEA ;
Kingdom of Sweden, on the other, signed a Protocol
amending the Agreement on the European Economic
Area on 17 March 1993 ; whereas the Agreement and the                    Whereas, given the nature of the Banking Advisory
Protocol     are    hereinafter    referred    to   as  'the  EEA        Committee and the Insurance Committee, specific rules
Agreement' ;                                                             should be laid down for consulting them ;
Whereas it is necessary to establish the arrangements for                Whereas, in accordance with the EEA Agreement, a
implementing various provisions of the EEA Agreement;                    financial mechanism has been established by the EFTA
                                                                         States ; whereas it is necessary to lay down the method
                                                                         for determining the allocation of grants and interest
                                                                         rebates on loans to each recipient Member State in
O OJ No C 339, 22 . 12 . 1992 , p 11 .                                   accordance with Protocol 38 of the EEA Agreement ;