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

Summary of the initiative

Objective(s)
Promote the smooth functioning of the Internal Market; The Directive 98/34/EC provides for procedures when national standard is likely to distort the free movement of goods. The Commission can request harmonisation of the standards at the European level by granting, after consultation with the MS, mandates to the European standardisation bodies. It provides a framework for the interested parties, and encourages consensus on standards. The "New Approach", defined in a Council Resolution of May 1985, represents an innovative way of technical harmonisation. It introduces, among other things, a clear separation of responsibilities between the EC legislator and the European standards bodies CEN, CENELEC and ETSI in the legal framework allowing for the free movement of goods. EC directives define the "essential requirements", e. g. protection of health and safety, that goods must meet when they are placed on the market. The European standards bodies have the task of drawing up the corresponding technical specifications meeting the essential requirements of the directives, compliance with which will provide a presumption of conformity with the essential requirements. Such specifications are referred to as "harmonised standards". The Standing Committee delivers its opinion on the communications and proposals presented by the Commission and may in this connection propose, in particular, that the Commission request the European standards institutions to draw up a European standard within a given deadline. DG ENTR developed an instrument of cooperation in order to promote standardisation and ascertain the availability of the European standards in the legislative fields concerned.

Description of the Initiative

    Sector

    Self/Co-Regulation Basic Act

    LEGISLATIVE ACT
    Year
    1998
    Title of Act
    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, Official Journal L 204, 21.7.1998, p. 37-48.

    Geographical Coverage

    Global coverage
    Participating Countries
    Austria

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    Technical obstacles to the free movement of goods: national standards were undermining the functioning of the internal market.
    Target Group(s)
    European standardisation bodies (CEN, CENELEC and ETSI)
    Type of Instrument(s)
    European standards, a technical specification approved by a recognised standardisation body for repeated or continuous application, with which compliance is not compulsory.
    Level(s) at which private rules should be defined and applied
    Type of Financing
    -
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commissionyesyes
    National public authorityyes
    International public authority
    Private regulator (code owner)
    Private independent party with a mandate (e.g. auditors)
    Self-appointed private parties (e.g. NGOs)
    Succinct description of the type of Monitoring
    The Commission reports every second year to the European Parliament, the Council and the European Social and Economic Committee.
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulator
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    -

    Results of Commission Monitoring

    Year of last Monitoring Results
    2004
    Scoring
    Link / Reference of Evaluation
    The Commission communication on "the Role of European Standardisation in the Framework of European Policies and Legislation" COM(2004) 674 of 18 October 2004 accompanied by a staff working paper SEC(2004) 1251 of 18 October 2004 dealing with "the challenges for European Standardisation".