UN ECE WP6 MARS Regulation on European Standardization package Bratislava UNECE Recommendation “I” Kvetoslava Steinlova 13.09. 2012 EU Standardization  Current Legal Base for EU standardisation •  • Directive 98/34/EC of the.

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Transcript UN ECE WP6 MARS Regulation on European Standardization package Bratislava UNECE Recommendation “I” Kvetoslava Steinlova 13.09. 2012 EU Standardization  Current Legal Base for EU standardisation •  • Directive 98/34/EC of the.

UN ECE
WP6
MARS
Regulation on European
Standardization package
Bratislava
UNECE Recommendation “I”
Kvetoslava Steinlova
13.09. 2012
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
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 Agreement
ETSI - different member categories, but maintaining the
principle of national delegation when voting on formal EN
ETSI & ITU-T = MoU Telecommunication sector
ETSI & ITU-R = Agreement radio-communication sector
EU Standardization 3
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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
EU Standardization 4
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Partner Standardization Bodies (PSBs): Australian, Mongolia
Counsellors: the European Commission
•
the EFTA secretariat
Agreement and MoU:
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•
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ASEAN
China
Eastern Europe, Caucasus and Central Asia
Euromed Quality Programme
India
Turkey and Western Balkans
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 COMETITIVENESS
Article 11
Financing of standardisation organisations by the Union

(c) the performance of preliminary or ancillary work in
connection with European standardisation, including
studies, cooperation activities, including international
cooperation...

(g) activities seeking to carry out programmes of technical
assistance, cooperation with third countries and the
promotion and enhancement of the European
standardisation system and of European standards and
European standardisation deliverables among interested
parties in the Union and at international level.
IN SUPORT OF GLOBAL COMETITIVENESS
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(4a) Standardisation plays an increasingly important role in
international trade and the opening-up of markets. The Union should
seek to promote cooperation between European standardisation
organisations and international standardisation bodies. The Union
should also promote bilateral approaches with third countries to
coordinate standardisation efforts and promote European standards,
for instance when negotiating agreements or by seconding
standardisation experts to third countries. Furthermore the Union
should encourage contact between European standardisation
organisations and private fora and consortia, while maintaining the
primacy of European standards..
(29) Financing....The promotion of standardisation at European and
international level should also continue through programmes relating
to the technical assistance to, and cooperation with, third countries.
With a view to improving market access and boosting the
competitiveness of enterprises in the Union, it should be possible to
give grants to other bodies through calls for proposals or, where
necessary, by awarding contracts.
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 :
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• 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
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.
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:
•

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
(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
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.
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;

Article 22.1 -22.2 of the 2006/123/EC
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(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
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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.

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;
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;
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
(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.
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
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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.
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.
UNECE
Recommendation I
Common element with the
EE SC Opinion on the Strategic
vision for European Standards.
Fasten standardisation with
 Innovation
 Education
Further
questions?
Thank you for your attention