CELEX: 51987PC0052(01)
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 REGULATIONS

No C 71/12                               Official Journal of the European Communities                                 19. 3. 87
             Amended Proposal for a Council Regulation opening for 1987, as an autonomous measure, a
             special import quota for high quality, fresh, chilled or frozen beef falling within subheadings
                            02.01 A II (a) and 02.01 A II (b) of the Common Customs Tariff (*)
                                                       COM(87) 65 final
              (Submitted by the Commission to the Council as provided for in Article 149 (2) of the Treaty on
                                                       19 February 1987)
                                                          (87/C 71/06)
             The figure of 12 000 tonnes specified in the first recital and in Article 1 (1) is replaced by 8 000
             tonnes.
              O O J N o C 12, 16. 1. 1987, p. 2.
              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
                                                       COM(87) 52 final
                              (Submitted by the Commission to the Council on 20 February 1987)
                                                          (87/C 71/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            standstill period to take effect from the date of
                                                                    submission of Commission proposals, during which
Having regard to the Treaty establishing the European               Member States must refrain from adopting technical
Economic Community, and in particular Articles 100 and              regulations in the field in question,
213 thereof,
Having regard to the proposal from the Commission,                  HAS ADOPTED THIS DIRECTIVE:
Having regard to the opinion of the European Par-
                                                                                                Article 1
liament,
                                                                    Directive 83/189/EEC is hereby amended as follows:
Having regard to the opinion of the Economic and
Social Committee,
                                                                    1. Article 1 (7) is replaced by the following:
Whereas experience in implementing Council Directive
83/189/EEC (') has shown that certain amendments                        '7. "product", industrially manufactured products
would be appropriate in order to increase its                                other than agricultural products within the
effectiveness as an instrument intended to facilitate the                    meaning of Article 38 (1) and Annex II of the
free movement of goods within the Community by                               Treaty.'
preventing the creation of new barriers to trade;
                                                                    2. The following is added to Article 6 (4):
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                    '(e) on the draft standardization within the meaning
Article 6 (3) of that Directive;                                              of the first indent of paragraph 3.'
Whereas the introduction of national measures must not
                                                                     3. Article 9 is amended as follows:
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 12 month                      (a) in paragraph 1, the phrase 'Without prejudice to
                                                                             paragraph 2' is replaced by 'Without prejudice to
 0) OJ No L 109, 26. 4. 1983, p. 8.                                          paragraphs 2 and 2 (a)'.
 ---pagebreak---  19.3.87                                    Official Journal of the European Communities                               NoC71/13
    (b) The following paragraph is inserted:                              (c) In paragraph 3, the expression 'Paragraphs 1 and
        '2 (a).     Member States shall refrain             from               2' is replaced by 'Paragraphs 1, 2 and 2 (a)'.
        adopting technical regulations on a subject
        covered by a Commission proposal for a Directive                                          Article 2
        for a period of 12 months from the date of its
        submission to the Council.                                     1.     Member States shall take the measures necessary to
        If the Commission ascertains that a communi-                   comply with this Directive not later than 1 January 1988
        cation pursuant to Article 8 (1) relates to a subject          and shall forthwith inform the Commission thereof.
        covered by such a proposal for a Directive, it shall
        inform the Member State concerned of this fact                 2.     Member States shall ensure that the texts of main
        within three months of receiving the communi-                  provisions of national law which they adopt in the field
        cation.                                                        governed by this Directive are communicated to the
        These provisions shall not apply to a Member                   Commission.
        State which, having communicated the infor-
        mation required by Article 8 (1), is obliged to
                                                                                                  Article 3
        postpone adoption of the draft technical regu-
        lation concerned pursuant to Article 9 (2).'                   This Directive is addressed to the Member States.
               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
                                                          COM(87) 52 final
                                 (Submitted by the Commission to the Council on 20 February 1987)
                                                             (87/C 71/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               HAS ADOPTED THIS DIRECTIVE:
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43
                                                                                                  Article 1
thereof,
                                                                       The provisions of Directive 83/189/EEC shall apply to
Having regard to the proposal from the Commission,                     the products listed in Annex II of the Treaty, subject to
                                                                       the following:
Having regard to the opinion of the European Par-
liament,
Having regard to the opinion of the Economic and                       1. In Article 1 (1), the following meaning shall apply:
Social Committee,
Whereas Council Directive 83/189/EEC (') as amended
                                                                          '1.     "technical specification", a specification con-
by Directive . . . , lays down a procedure for the provision
                                                                          tained in a document which lays down the charac-
of information in the field of technical standards and
                                                                          teristics required of a product such as conditions of
regulations for a series of products other than agri-
                                                                          obtaining levels of quality, performance, safety or
cultural products;
                                                                          dimensions, including the requirements applicable to
                                                                          the product as regards terminology, symbols, testing
Whereas the national standards and regulations
                                                                          and test methods, packaging, marking or labelling;'.
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                 2. In Article 8 (1), second subparagraph, the following
should also be provided for in this field as regards the                  shall apply:
products in question;
Whereas, in the light of experience, the procedure
provided for in the abovementioned Directive seems the                    'The Commission shall immediately notify the other
most suitable; whereas it should therefore be extended to                 Member States of any draft it has received; it may
cover the products listed in Annex II to the Treaty,                      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
(l) OJ No L 109, 26. 4. 1983, p. 8.                                        opinion'.