Regulation on European Standardization package

UNECE Recommendation “I”

Kvetoslava Steinlova

UN ECE WP6

MARS

Bratislava

13.09. 2012

 

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EU Standardization Current Legal Base for EU standardisation

• Directive 98/34/EC of the EP 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 services,

• Decision No 1673/2006/EC of the EP and of the Council of 24 October 2006 on the financing of European standardisation

• Council Decision 87/95 EEC of 22 December 1986 on standardisation in the field of information technology and telecommunications

New standardisation package

• Proposal for a Regulation of the EP and of the Council on European Standardisation and amending Council Directives 89/686/EEC, 93/15/EEC, 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC

• Communication from the Commission to the EP, the Council and the European economic and social committee: A strategic vision for European standards: Moving forward to enhance and accelerate the sustainable growth of the European economy by 2020

 

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EU Standardization 2 Based on founding principles established by the World Trade

Organisation (WTO) (coherence, transparency, openness, consensus, voluntary application, independence of special interests and efficiency)

In light of these founding principles, it is important that all relevant stakeholders, including public authorities and SME are involved in the national and European standardization process.

European standardisation organisations work• on the principle of national delegation – 2 ESOs +NNOs• globally - CEN & ISO = Vienna Agreement, CENELEC &

IEC = Dresden AgreementETSI - different member categories, but maintaining the

principle of national delegation when voting on formal EN ETSI & ITU-T = MoU Telecommunication sectorETSI & ITU-R = Agreement radio-communication sector

 

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EU Standardization 3

European standardisation system is organized on the principle of national delegation – i.e. CEN National Standards Bodies of the 27 European Union countries, Croatia and Turkey plus the National Standards Bodies of three European Free Trade

Association countries (Iceland, Norway and Switzerland) compose CEN's National Membership Associated Member: broad-based European organizations,

representing particular sectors of industry as well as consumers, environmentalists, workers, and small and medium-sized enterprises – see Annex III on the EP and Council Regulation on the EU Standardisation

Affiliated Member: Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Egypt (EOS), The Former Yugoslav Republic of Macedonia, Georgia, Israel, Jordan, Lebanon, Libya, Republic of Moldova, Montenegro, Morocco, Serbia, Tunisia, Ukraine

 

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EU Standardization 4

Partner Standardization Bodies (PSBs): Australian, Mongolia

Counsellors: the European Commission the EFTA secretariat

Agreement and MoU:

• ASEAN • China • Eastern Europe, Caucasus and Central Asia • Euromed Quality Programme • India • Turkey and Western Balkans

 

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Standardization –new Challenges

Strategic vision for European standards: Moving forward to enhance and accelerate the sustainable growth of the European economy by 2020 in support of sectorial policies:

• Flagship Initiatives on the Innovation Union [COM(2010)546]

• Industrial Policy [COM(2010)614]

• Digital Agenda for Europe [COM(2010)245]

• Resource Efficient Europe [COM(2011)21].

It also implements

• the Single Market Act [COM(2011)206] • the Disability Strategy 2010-2020 [COM(2010)636]

In support of the competitiveness of the European Union

IN SUPORT OF GLOBAL COMETITIVENESSIN SUPORT OF GLOBAL COMETITIVENESS

Article 11Article 11

Financing of standardisation organisations by the UnionFinancing of standardisation organisations by the Union

(c)(c) the performance of preliminary or ancillary work in the performance of preliminary or ancillary work in connection with European standardisation, including studies, connection with European standardisation, including studies, cooperation activities, including international cooperationcooperation activities, including international cooperation......

(g)(g) activities seeking to carry out programmes of technical activities seeking to carry out programmes of technical assistance, cooperation with third countries and the assistance, cooperation with third countries and the promotion and enhancement of the European standardisation promotion and enhancement of the European standardisation system and of European standards and European system and of European standards and European standardisation deliverables among interested parties in the standardisation deliverables among interested parties in the Union and at international level.Union and at international level.

IN SUPORT OF GLOBAL COMETITIVENESSIN SUPORT OF GLOBAL COMETITIVENESS((4a) 4a) Standardisation plays an increasingly important role in Standardisation plays an increasingly important role in international trade and the opening-up of markets. The Union should international trade and the opening-up of markets. The Union should seek to promote cooperation between European standardisation seek to promote cooperation between European standardisation organisations and international standardisation bodies. The Union should organisations and international standardisation bodies. The Union should also promote bilateral approaches with third countries to coordinate also promote bilateral approaches with third countries to coordinate standardisation efforts and promote European standards, for instance standardisation efforts and promote European standards, for instance when negotiating agreements or by seconding standardisation experts to when negotiating agreements or by seconding standardisation experts to third countries. Furthermore the Union should encourage contact third countries. Furthermore the Union should encourage contact between European standardisation organisations and private fora and between European standardisation organisations and private fora and consortia, while maintaining the primacy of European standards.consortia, while maintaining the primacy of European standards...(29) Financing....(29) Financing....The promotion of standardisation at European and The promotion of standardisation at European and international level should also continue through programmes relating to international level should also continue through programmes relating to the technical assistance to, and cooperation with, third countries. With a the technical assistance to, and cooperation with, third countries. With a view to improving market access and boosting the competitiveness of view to improving market access and boosting the competitiveness of enterprises in the Union, it should be possible to give grants to other enterprises in the Union, it should be possible to give grants to other bodies through calls for proposals or, where necessary, by awarding bodies through calls for proposals or, where necessary, by awarding contracts.contracts.

 

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Standardization –new Challenges 2 Regulation of the EP and of the Council on European

Standardisation and amending Council Directives 89/686/EEC, 93/15/EEC, 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC :

• Changes in definitions

• Changes in Commitology

• ICT Technical specification (TS) for referencing in the EU policies, public procurement ect.

• Special access to standards for Small and Medium Enterprices

• Multi Stakeholder Platform established by the Commission in Decision 2011/C/349/04 should be used as a forum for consultation of European and national stakeholders, standardisation institutions and Member States in order to ensure legitimation of the referring to TS in the field of ICT to be eligible for public procurement

 

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Standardization –new Challenges 3 New definition of standard (TS) covers also the services (see i.e

Directive of 2006/123/EC) - according to the SMA priority should be given to the development of standards for services which are connected to the products delivery, its marketing and putting into operation), thus services aimed at environment and health protection are very carefully added, but

within the services of General Interest the Member States underlined their responsibility to define the fundamental principles of their social security, vocational training and health systems and to shape the framework conditions for the management, financing, organisation and delivery of the services supplied within those systems, including - without prejudice to Article 168 (4) and to Directive 2005/36/EC - the definition of requirements, quality and safety standards applicable to them.

 

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Technical specification a document that prescribes technical requirements to be

fulfilled by a product, process, service or system and which lays down one or more of the following:

(a) the characteristics required of a product including

levels of quality, performance, interoperability, environmental protection, health, 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;

(b) production methods and processes used in respect of agricultural products as defined in Article 38(1) TFEU, products intended for human and animal consumption, and medicinal products, as well as production methods and processes relating to other products, where these have an

 

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Technical specification a document that prescribes technical requirements to be

fulfilled by a product, process, service or system and which lays down one or more of the following:

(c) the characteristics required of a service including levels

of quality, performance, interoperability, environmental protection, health, safety, including the requirements applicable to the provider as regards the information to be made available to the recipient, as specified in Article 22(1) to (3) of Directive 2006/123/EC

(d) the methods and the criteria for assessing the performance of construction products, as defined in the first subparagraph of Article 2 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products , in relation to their essential characteristics.

 

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Article 22.1 of the 3006/123/EC (c) where the activity is subject to an authorisation scheme, the

particulars of the relevant competent authority or the single point of contact;

(d) where the provider exercises an activity which is subject to VAT....,

(e) in the case of the regulated professions, any professional body or similar institution with which the provider is registered, the professional title and the Member State in which that title has been granted;

(f) the general conditions and clauses, if any, used by the provider;

(g) the existence of contractual clauses, if any, used by the provider concerning the law applicable to the contract and/or the competent courts;

(h) the existence of an after-sales guarantee, if any, not imposed by law;

 

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Article 22.1 -22.2 of the 2006/123/EC (i) the price of the service, where a price is pre-determined by the

provider for a given type of service;

(j) the main features of the service, if not already apparent from the context;

(k) the insurance or guarantees referred to in Article 23(1), and in particular the contact details of the insurer or guarantor and the territorial coverage.

2. Member States shall ensure that the information, according to the provider's preference:

(d) appears in any information documents supplied to the recipient by the provider which set out a detailed description of the service he provides.

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Article 22.3 of the 2006/123/EC (a) where the price is not pre-determined by the provider for a

given type of service, the price of the service or, if an exact price cannot be given, the method for calculating the price so that it can be checked by the recipient, or a sufficiently detailed estimate;

(b) as regards the regulated professions, a reference to the professional rules applicable in the Member State of establishment and how to access them;

(c) information on their multidisciplinary activities and partnerships which are directly linked to the service in question and on the measures taken to avoid conflicts of interest. That information shall be included in any information document in which providers give a detailed description of their services;

 

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Article 22.3 of the 2006/123/EC

(d) any codes of conduct to which the provider is subject and the address at which these codes may be consulted by electronic means, specifying the language version available;

(e) where a provider is subject to a code of conduct, or member of a trade association or professional body which provides for recourse to a non-judicial means of dispute settlement, information in this respect. The provider shall specify how to access detailed information on the characteristics of, and conditions for, the use of non-judicial means of dispute settlement.

 

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Referencing of technical specifications in the field of ICT

Article 9 Referencing of technical specifications in the field of ICT 1. Either on proposal from a Member State or on its own

initiative the Commission may decide to identify ICT technical specifications that are not national, European or international standards, but meet the requirements set out in Annex II, which may be referenced primarily to enable interoperability in public procurement.

1a. Either on proposal from a Member State or on its own initiative, when a technical specification in the field of ICT identified in accordance with paragraph 1 is modified, withdrawn or no longer meets the requirements set out in Annex II, the Commission may decide to identify the modified technical specification or to withdraw the identification.

Access of SMEs to standards

1. National standardisation bodies shall encourage and facilitate the access of SMEs to standards and standards development processes in order to reach a higher level of participation in the standardisation system, for instance by:

(a) Identifying, in their annual work programmes, the standardisation projects, which are of particular interests to SMEs;

(b) Giving access to standardisation activities without obliging SMEs to become a member of a national standardisation body;

(c) Providing free access or special rates to participate in standardisation activities;

(d) Providing free access to draft standards; (e) Making available free of charge on their website abstracts

of standards; (f) Applying special rates for the provision of standards or

providing bundles of standards at a reduced price.

 

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Standardization –new Challenges 3 New definition of standard (TS) covers also the services (see i.e

Directive of 2006/123/EC) - according to the SMA priority should be given to the development of standards for services which are connected to the products delivery, its marketing and putting into operation), thus services aimed at environment and health protection are very carefully added, but

within the services of General Interest the Member States underlined their responsibility to define the fundamental principles of their social security, vocational training and health systems and to shape the framework conditions for the management, financing, organisation and delivery of the services supplied within those systems, including - without prejudice to Article 168 (4) and to Directive 2005/36/EC - the definition of requirements, quality and safety standards applicable to them.

Common element with the

EE SC Opinion on the Strategic vision for European Standards.

Fasten standardisation with

Innovation Education

UNECE Recommend-ation I

Thank you for your attention

Further questions?