CELEX: 51987PC0052
Language: en
Date: 1987-02-13
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and régulations#Proposal for a COUNCIL DIRECTIVE laying down a procedure for the provision of information in the field of technical standards and regulations applying to agricultural products#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 52
Vol. 1987/0021
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(87 ) 52 final
                                               Brussels , 13 February 1987
                                Proposai for a
                             COUNCIL   DIRECTIVE
     amending Directive 83 / 189 / EEC laying down a procedure for the
      provision of information in the field of technical standards
                               and régulations
                                Proposai for a
                             COUNCIL   DIRECTIVE
    laying down a procedure for the provision of information in the
              field of technical standards and regulations
                    applying to agricultural products
                      ( submitted by the Commission )
 C0MC87) 52 final
 ---pagebreak---                                           α                                   «/
                               EXPLANATORY MEMORANDUM
1.  With the adoption of Council Directive 83 / 189/ EEC on 28 March 1983 laying
    down a procedure for the provision of information in the field of technical
    standards and regulations ^ the Community acquired a basic instrument with
    which to strengthen the internal market as a framework for the creation of
    a European economic area .
    This Directive is an indispensable requirement for the prevention of new
    barriers to trade resulting from the introduction of technical regulations
    planned by Member States and draft national technical standards .
    In addition to this primary function , the Directive constitutes an
    important tool for the creation of a technical environment , common to all
    firms , which is suited , depending on circumstances , to the establishment ,
    maintenance and strengthening of the competitiveness of European industry
    on the Community and external markets .
2.  Pursuant to the provisions of Article 1(7 ), Directive 83 / 189 / EEC is not
    applicable to agricultural products , products for human or animal
    consumption, or medicinal or cosmetic products .
    The exclusion of these products which had not been envisaged in the
    Commission 's original proposal , arose cut of a desire to make the system
    easier and more efficient to operate in its initial phase by temporarily
    excluding from its scope those areas in which legislative harmonization
    was already relatively advanced . It also seemed appropriate to gain
    sufficient experience of the procedure before extending it to categories of
    product which , at the time , were thought likely to give rise to specific
    problems .
1  OJ No L 109, 26.4.1986, p. 8 .
 ---pagebreak---                                            3
3.  The initial phase of the procedure must now be regarded as completed ;
    furthermore, the Commission and the Member States can be said to have
    gained sufficient experience of its operation . It should also be noted that
    the regulatory freedom remaining to Member States in areas not covered by
    the Directive is often a significant source of barriers to trade and ,
    therefore , the need for information referred to by Directive 83 / 189/ EEC
    also applies to these areas . Lastly , the distinction that was made between
    different categories of product , as regards the appropriate information
    system, can no longer be justified in view of the goal of completing the
    internal market by 1992 . From this standpoint , there would seem to be no
    reason to exempt national regulations likely to create barriers in the
   areas in question from the provisions of the procedure laid down in the
    Directive .
4.  It was in this spirit that the Commission , in its White Paper of June 1985
   on completing the internal market , stressed the importance of extending the
   scope of Directive 83 / 189 / EEC . Article 11 of that Directive states that
   the Commission shall , ... " if need be , submit any relevant proposals " for
   amending the procedures laid down therein no later than four years from the
   date of its notification .
5. In accordance with the above-mentioned Article 11 , the Commission has
   cooperated closely with the Standing Committee set up pursuant to Article 5
   of the Directive . It has also consulted the national representatives
   responsible for the various sectors concerned and concluded that the Member
   States are generally in favour of extending the Directive 's scope to
   include any products which might be traded within the Community . This could
   be achieved simply by deleting the exclusion set out in Article 1 ( 7 ),
   which is done by the first proposal for products for human or animal
   consumption, medicinal products and cosmetic products , and which is the
   object of a similar but seperate proposal for agricultural products within
   the meaning of Article 38 ( 1 ) and Annex II of the EEC Treaty .
 ---pagebreak---                                          ч
6. The extension of the scope of Directive 83 / 189/ EEC to Include agricultural
   products , products for human or animal consumption , and medicinal and
   cosmetic products would mean that all draft technical regulations envisaged
   by Member States would be subject to the provisions of the Directive ,
   notably Articles 8 and 9 thereof , with effect from the entry into force of
   the amending Directive .
7. This extension, however , would not jeopardize other provisions adopted at
   Community level . In particular , it would not duplicate Member States'
   existing obligations with regard to the provision of information . Pursuant
   to Article 10 of Directive 83/ 189/ EEC , Member States are not obliged to
   notify the Commission of their draft technical regulations provided they
   honour their obligations arising out of other Community Directives . This
   exemption applies both to draft measures prepared by Member States in order
   to comply with Directives and to cases in which Member States are already
   obliged by Community Directives to notify the Commission of their draft
   legislation or regulations .
8. As regards national standardization programmes and draft standards , the
   extension of the scope of Directive 83/ 189/ EEC would have an immediate
   effect only insofar as the standards institutions currently listed in the
   Annex thereto dealt with the products concerned .
   The Commission is continuing its investigations , in close collaboration
   with the Member States , with a view to determining which standards
   institutions should be added to the list in the Annex to the Directive . It
   will make this amendment at a later date in accordance with the last
   sentence of Article 2(1 ) of Directive 83 / 189/ EEC , which states that it may
   amend or supplement the list on the basis of communications from, the Member
   States .
 ---pagebreak---                                           5
   At all events , it should be stressed that the temporary distinction between
   the application of the provisions of the Directive to standards and to
   technical regulations will not lead to any difficulties in practice . It
   would appear that in the newly included product areas , particularly that of
   foodstuffs , most barriers result from national technical regulations .
   Standardization is generally less extensive and less developed in those
   areas than in the industrial products sector . Having regard to the
   objective pursued , the first priority must be to bring the principal and
   most important source of barriers , namely technical regulations , within the
   scope of the Directive .
9. Examination of the operation of the procedures laid down by Directive
   83 / 189 / EEC has also led the Commission , in compliance with Article 10
   thereof , to propose that the provisions of Article 9 concerning the Member
   States' obligation to postpone the adoption of a technical regulation
   ( standstill arrangement ) should be supplemented .
   The current provisions in this respect culminate in Article 9(2 ) which
   obliges Member States to postpone adoption for twelve months if , within the
   three months following notification of a draft technical regulation , the
   Commission gives notice of its intention of proposing or adopting a
   Directive on the subject . The purpose of this provision is to allow the
   Commission to propose common solutions to problems of common interest ,
   before the position of one or more Member States is crystallized by a
   national text , which always makes a general agreement more difficult to
   reach .
 ---pagebreak---      In the same spirit and in the light of experience, the Commission also
     considers it necessary to facilitate the Council 's task in reaching an
     agreement on formal proposals from the Commission . It therefore recommends
     the inclusion in Article 9 of a paragraph 2a which would also oblige the
     Member State to postpone the adoption of a draft technical regulation for
     twelve months . By contrast with the import of Article 9(2 ), however, which
     provides for notification of intent by the Commission, the new paragraph is
     concerned with the establishment of a Member State 's obligation to observe
     the standstill period . The Commission would establish this obligation
     following the notification of a draft technical regulation by a Member
     State .
     The two periods of twelve months referred to in Article 9(2 ) and the new
     Article 9 ( 2a ) would not be cumulated . In other words , a Member State 's
     obligation to postpone adoption of a regulation could not apply for as long
     as twenty-four months . Clearly, the two obligations are mutually exclusive
     in the case of the same technical regulation . A Member State which was
     obliged to postpone adoption under Article 9(2 ) could not be obliged to
     postpone adoption of the same draft text under the new Article 9(2a ).
10 . Lastly , the Commission, working in close collaboration with the Standing
     Committee , also intends to add to the list of instances set out in Article
     6(4 ) in which the Committee must be consulted . In the circumstances
     envisaged in the first indent of Article 6, paragraph 3, the Committee can,
     in fact , recommend that the Commission request the European standards
     institutions to prepare a European standard within a given period . It would
     seem logical that , where it accepts the Committee 's recommendation, the
     Commission should consult the latter about the request it intends to make ,
     particularly as Article 7(1 ) requires Member States to ensure that their
     standards institutions refrain from acting for a given period, during the
     preparation of the European standard . To this end , it is proposed that a
     new indent ( e ) be added to Article 6 ( 4 )
 ---pagebreak---                                            Ί-
11 . In drawing up these proposals , the Commission consulted the Pharmaceutical
     Committee at its meeting on 21-22 April 1936 . It also consulted the
     Advisory Committee cn Foodstuffs on 10 July 1986 and the Standing Committee
     of representatives of the Member States provided for by Article 5 of
     Directive 83 / 189 / EEC on 25 September 1986 .
12 . Since the implementation of the first Directive will involve the amendment
     of existing national legislation, Parliament and the Economic and Social
     Committee must be consulted pursuant to the second paragraph of Article 100
     of the EEC Treaty .
     Consultation of Parliament is compulsory for the second Directive pursuant
     to article 43 of the Treaty .
 ---pagebreak---                                            <5
                          Proposal for a Council Directive
                   amending Directive 83 / 189/ EEC
              laying down a procedure for the provision of information
                in the field of technical standards and regulations
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community , and
in particular Articles 100 and 213 thereof ,
                                                     1
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament ,^
Having regard to the opinion of the Economic and Social Committee,^
                                                                     4
Whereas experience, in implementing Council Directive 83 / 189 / EEC   has shown that certain
amendments would be appropriate in order to increase its effectiveness as an
instrument intended to facilitate the free movement of goods within the
Community by preventing the creation of new barriers to trade ;
Whereas the Standing Committee set up pursuant to Article 5 of Directive
83/ 189/ EEC should be consulted on the draft standardization requests referred to
in Article 6(3 ) of that Directive ;
1   0J No C
2   0J No C
3   0J No C
4   0J No L No 109, 26.4.1983 , p.8
 ---pagebreak--- Whereas the introduction of national measures must not be allowed to compromise
the adoption by the Council of Commission proposals in the same field ;
whereas , to this end, it is necessary to provide for a twelve-month standstill
period to take effect from the date of submission of Commission proposals ,
during which Member States must refrain from adopting technical regulations in
the field in question,
HAS ADOPTED THIS DIRECTIVE
                                       Article 1
 Directive 83 / 189/ EEC is hereby amended as follows :
1 . Article 1(7 ) is replaced by the following :
      7) "product ", industrially manufactured products other than agricultural
           products within the meaning of Article 38 ( 1 ) and Annex II of the
           Treaty .
2 . The following is added to Article 6(4 );
      "( e ) on the draft standardization within the meaning of the first indent
      of paragraph 3."'
3 . Article 9 is amended as follows :
( a ) in paragraph 1 , the phrase "Without prejudice to paragraph 2" is
      replaced by "Without prejudice to paragraphs 2 and 2a ".
 ---pagebreak---  ( a ) The following paragraph is inserted :
       " 2a . Member States shall refrain from adopting technical regulations on a
       subject covered by a Commission proposal for a Directive for a period of
       twelve months from the date of its submission to the Council .
       If the Commission ascertains that a communication pursuant to Article 8(1 )
       relates to a subject covered by such a proposal for a Directive , it shall
       inform the Member State concerned of this fact within three months of
       receiving the communication .
       These provisions     shall not    apply  , to   a  Member
       State which , having communicated the information required by Article 8 ( 1 ), is
       obliged to postpone adoption of the draft technical regulation concerned
       pursuant to Article 9(2 )."
( c ) In paragraph 3, the expression " Paragraphs 1 and 2 " is replaced by " Paragraphs 1 ,
       2 and 2a ".
 ---pagebreak---                                         Article 2
1 . Member States shall take the measures necessary to comply with this Directive
    not later than 1 January 1908 and shall forthwith inform the Commission thereof .
2 . Member States shall ensure that the texts of the main provisions of national
    law which they adopt in the field governed by this Directive are communicated
    to the Commission .
                                        Article 3
    This Directive is addressed to the ffcaber States .
    Done at Brussels                                 For the Council
 ---pagebreak---                            Proposal for a Council Directive
              laying down a procedure for the provision of information
                 in the field of technical standards and regulations
                          applying to agricultural products
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in
particular Article 43 thereof ,
                                                    1
Having regard to the proposal from the Commission,
                                                           2
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee,^
Whereas Council Directive 83/ 189/ EEC                     as amended by Directive
..... , lays down a procedure for the provision of information in the field
of technical standards and regulations for a          series of products other than
agricultural products ;
Whereas the national standards and regulations applicable to agricultural products
are also likely to create barriers to the free movement of these products ;
whereas , in order to prevent the emergence of such barriers , a procedure for the
provision of information should also be provided for in this field as regards the
products in question ;
 1 OJ No C
 2 OJ No C
 3 OJ No C
 4 OJ No L 109, 26.4.1983 .
 5 OJ No
 ---pagebreak--- Whereas , in the Light of experience , the procedure provided for in the
abovementioned Directive seems the most suitable ; whereas it should therefore be
extended to cover the products listed in Annex II to the Treaty .
HAS ADOPTED THIS DIRECTIVE
                                          Article 1
 The provisions of 'Directive 83 / 189 / EEC shall apply to the products listed in
 Annex II of the Treaty , subject to the following :.
1 . In Article 1 ( 1 ), the following meaning shall apply :
    " 1 ) " technical specification", a specification contained in a document which
          lays down the characteristics required of a product such as conditions of
          obtaining levels of quality , performance , safety or dimensions , including
          the requirements applicable to the product as regards terminology , symbols ,
          testing and test methods , packaging , marking or labelling ;".
2 . In Article 8 ( 15 , second subparagraph , the following shall apply :
    " The Commission shall immediately notify the other Member States of any draft
    it has received ; it may also refer this draft to the Committee referred to in
    Article 5 of Directive 83 / 189/ EEC or to the Committee responsible for the field
    in question for its opinion ".
 ---pagebreak--- 3 . In Article 9 ( 3 ) the following shall apply :
    " Paragraphs 1 , 2 and 2a shall not apply in those cases where , for urgent
    reasons relating to the protection of public health or safety , the protection
    of health and life of animals or plants , 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 . The Membe
    State shall indicate in the communication referred to in Article 8 the justifi
    cation for the urgency ."
                                          Article 2
1 . Member States shall take the measures necessary to comply with this Directive
    not later than 1 January 1988 and shall forthwith inform the Commission thereof .
2 . Member States shall communicate the texts of the main provisions of national
    law which they adopt in the field governed by this Directive are communicated
    to the Commission .
                                          Article 3
    This Directive is addressed to the Member States .
    Done at Brussels ,                                     For the Council
  6 Eight months from the date of adoption of this Directive
 ---pagebreak---                                       FINANCIAL STATENENT
    1 . Relevant budget headings
     ( 1987 draft budget nomenclature )
    article 775 : Community projects concerning the internal market .
    Item 7750     : Projects relating to the completion of the internal market .
2 . Legal basis
    Council Directive 83 / 189 / EEC of 28 March 1983 laying down a procedure for the
    provision of information in the field of technical standards and regulations ,
    and in particular Article 11 thereof ( 0J No L 109, 26.4.1983 ).
3 . Description of project ; objectives , persons concerned
    Enlargement of the scope of Directive 83 / 189 / EEC and technical amendments to
    the existing procedure designed to prevent the creation of technical barriers
    to trade in all products . It is of concern to all economic operators and the
    European and national standardization bodies .
4 . Justification of project
    Enlargement of the scope of Directive 83 / 189 / EEC was one of the points
    mentioned by the Commission in its White Paper on the completion of the
    internal market ( C0M(85)310 final . Part Two , point 76 ). The technical
    amendments are proposed in accordance with Article 11 of the Directive . The
    general purpose of these amendments is the introduction of across-the-board
    machinery designed to prevent the creation of technical barriers .
5 . Financial implications for operating appropriations
    Extension of the scope of Directive 83 / 189/ EEC will necessitate the
    modification of the amounts entered in Article 775 with effect from the
    financial year 1988 . It will be necessary to provide cover both for the
    extension of the information procedure to the new areas encompassed by the
    Directive and for the increase in standardization activities to be entrusted to
    the European institutions in the new sectors . This could raise the payment
    appropriations requirement to 5 million ECU .
 ---pagebreak--- 6 . Financial implications for staff and current administrative appropriations
    6.1 As a result of the extension of the scope of the Directive , DG . III / A / 1 ,
         which is responsible for administering the existing procedure , will
         require an increase in staff . This requirement can be put at :
                two A grade officials (A 7 / 6 )
                one B grade official (B 5 / 4 )
                one C grade official (C 5 / 4 ).
    6.2 In addition , a further six officials (3 A , 1 B , 2 C ) must also be
         provided for in the DG . VI departments concerned .
    6.3 These additional staff should be allocated with effect from 1 January
         1988 when the amended Directive is scheduled to be in force . These staff
         will be provided either by internal transfer or as part of the rolling
         plan .
7 . Financing of operating expenditure
    It will be necessary to enter appropriation requirements in future budgets .
8 . Implications for revenue
    None .
9 . Type of control
    Ordinary control .
 ---pagebreak---                                               I
                                              ι
                                                                      ANNEX II
  Statement of the effects of certain legal Measures on small and medium-sized
                             entsrprises and eeploymsnt
- Directive amending Directive 83/ 189/ EEC of 28 March 1983 laying down a
procedure for the provision of information in the field of technical standards
and regulations .
- Directive laying down a procedure for the provision of information in the
field of technical standards and regulations applying to agricultural products .
  1 . ADMINISTRATIVE OBLIGATIONS FOR ENTERPRISES RESULTING FROM THE APPLICATION
      OF THE LEGISLATION
      None
  2 . ADVANTAGES FOR THE ENTERPRISE CONCERNED
      - YES / fa
      - DETAILS : the Directives are intended to prevent the creation of
                   technical barriers to the free movement of all goods not
                   covered by a Community Directive . By definition , these
                   barriers have a greater effect on smalt and medium-size than
                   on large enterprises . According to the Commission 's
                   interpretation , the Directive 83 / 189 / EEC also enables an
                   undertaking to request that a technical regulation adopted in
                   breach of the Directive be declared void by a national Court .
  3 . DISADVANTAGES FOR THE ENTERPRISE CONCERNED
      ( additional costs )
      - Conséquences
  4 . CONSEQUENCES FOR EMPLOYMENT
      None
  5 . DID PRIOR DISCUSSIONS TAKE PLACE WITH THE TWO SIDES OF INDUSTRY ?
             / N0
         Opinion of the two sides of industry
  6.  IS A LESS COERCIVE ALTERNATIVE APPROACH POSSIBLE ?
      No .