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Standards and Technical Regulations Directorate

STANDARDS AND TECHNICAL REGULATIONS
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[ARCHIVED CONTENT] Directive 98/34/EC
 

Technical Standards and Regulations Directive 98/34/EC


Introduction

Directive 98/34/EC (as amended by Directive 98/48/EC) now covers information society services, in addition to all industrially manufactured products and agricultural products. The Directive seeks to prevent the creation of new technical barriers to trade and lays down a procedure for the provision of information in the field of technical standards and regulations. It applies to all member States, the European Economic Area (EEA) and EFTA (i.e. Switzerland). 
Technical regulations Member States are obliged to notify to the Commission, in draft, proposed technical regulations and to observe a three month standstill period before the regulation is made or brought into force. This is to provide an opportunity for the Commission and other Member States to comment if they consider that the proposed regulation has the potential to create a technical barrier to trade (the Commission circulates the notified drafts to all Member States).

If a comment perceives the potential barrier to trade to be a serious one, this has the effect of extending the standstill period for a further three months.

The Directive applies to industrially manufactured products and agricultural products, and from 5 August 1999, the Directive applies to information society services which are defined as services supplied at a distance by electronic means and at the individual request of a recipient of services.

Central Units have been set up in the Member States to administer the notification procedure on behalf of their Government Departments.

STRD2 acts as the Central Unit for the UK and receives other Member States notifications for onward transmission to the relevant Department, as well as being the conduit for Departments notifications of their proposed technical regulations and also for their comments on other Member States' notifications. Departments involve industry as appropriate in their comments.

Further information on Directive 98/34, as a one page flyer, is available as

98-34flyer.pdf PDF(123 kb).

For Government Departments / Agencies wishing to know more about the Directive and the notification system, guidance is available at

98-34guidance.pdf PDF(402 kb).
Government Departments / Agencies should use "Form A" Microsoft Word (41 kb) for notifying proposed technical regulations.

Standards The procedure for the notification of proposed new standards is administered by the recognised national standardisation bodies in the Member States. In the UK, the British Standards Institution (BSI) administer this service.
New technical regulations

Do you want to know about proposals for new technical regulations from EU Member States? If so check out the European Commission's website at http://europa.eu.int/comm/enterprise/tris, where you can also subscribe to a Commission mailing list to receive automatic notifications relevant to your sector. If you see a proposal which might create barriers to trade then let us know, see Contacts below. If a Member State's existing technical regulation is causing a barrier to trade the DTI's Action Single Market may be able to help, see http://www.dti.gov.uk/europe/asm/index.htm

Other
notification
systems
WTO Members are required to notify the WTO Secretariat of all proposed government regulations and conformity assessment procedures that might significantly affect international trade. The UK WTO/TBT Enquiry Point notifies the WTO Secretariat of all regulations falling outside the harmonised field (i.e. concluded at European level) that are devised and implemented nationally, which fall within the notification requirements and which might significantly affect trade. Regulations that fall to be notified under Directive 98/34/EC may also be required, in certain cases, to be notified under the WTO/TBT procedure. For more information, see http://www.dti.gov.uk/ewt/barriers.htm.

The Commission also has a website on TBT issues and it includes information on the differences between the TBT and Directive 98/34 notification systems, see http://europa.eu.int/comm/enterprise/tbt

Contacts Ajay Gohil / Philip Plumb, STRD2, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1W 9SS

Tel: 020 7215 1564/1488; fax: 020 7215 1529
E-mail: STRD2@dti.gsi.gov.uk
 


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