In 1987, by Presidential Decree 206/26-5-1987, “The information procedure for Standards and Technical Regulations, in accordance with Directive 83/189/EEC” was established and ELOT was designated as the National Information Center for standards, technical regulations, draft standards and draft technical regulations.
The Directive 83/189/EEC was the first instrument for transparency in the field of Technical Regulations and Standards aiming at the establishment of the internal market, which was already late. This delay was due to ineffective former policies that were applied, as Standards and Regulations were used by some members as a means to impose technical barriers to trade.
So, by mid 80’s, it was realized that the European standards were an indispensable instrument for the establishment of the internal single market, as they were contributing to the improvement of competition of goods/services and on the other hand standards were the driving force for technical progress.
In 1988, by Law 1727/1987, “Validation of the Agreement on Technical Barriers to Trade”, ELOT’s Information Center, was also designated as the Information Center for issues regarding the General Agreement of Tariffs and Trade - GATT of the World Trade Organization, (now called, Agreement on Technical Barriers to Trade - TBT).
Directive 98/34/EC (former 83/189/EEC), as amended by Directive 98/48/EC which was adopted in Greek Legislation by Presidential Decree 39/20-2-2001, defines the procedure through which the Member States must notify the Commission and each other the following:
1. all new subjects for which the national standardization bodies have decided, by including them in their standards programme, to prepare or amend a standard, unless it is an identical or equivalent transposition of an international or European standard and
2. all draft technical regulations for industrial, agricultural as well as fishing products and draft of national rules regarding requirements in the field of information society services, before their incorporation to National Legislation.
Τhe procedure was codified for the second time by Directive (EU) 2015/1535.
According to judgment “CIA-Security” of April 30th 1966, of the Court of Justice, a technical regulation which has not been notified, as it should, according to Procedure 83/189 (today 2015/1535), cannot be enforced to individuals.
According to the Agreement on Technical Barriers to Trade of the World Trade Organization, its members have to notify the WTO secretariat, in case the following may have a significant effect on trade:
1. Technical Regulations or conformity assessment procedures
2. Bilateral or multilateral Agreements related to standards, technical regulations or conformity assessment procedures
Directive 98/34/EC and the Agreement on Technical Barriers to Trade aim to create a favorable European and International Trading Environment. Notifying, evaluating and commenting on draft standards and technical regulations during notification stage help to eliminate possible technical barriers to trade between Members States. Notification procedures are the information instrument by which all interested private or public parties may foresee and eliminate all unjustified technical barriers to trade which may affect their activities.
According to Greek legislation, and in particular Presidential Decree 81/2018 (Government Gazette 151/A/21-8-2018) “Incorporation into Greek law of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 (OJ L 241, 17.9.2015, p. 1)”, every public authority/body is obliged to send to ELOT all draft national technical regulations before their incorporation to National Legislation, in order to get notified through Directive 2015/1535.
ELOT, as the national point for this procedure, informs the Member States and the Commission about Greek draft technical regulations and standards and forwards observations of the Member States and the Commission to Greek public authorities and vice versa (Presidential Decree 81/2018, Articles 3, 6).
Presidential Decree 81/2018 (Government Gazette 151/A/21-8-2018) Incorporation into Greek law of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 (OJ L 241, 17.9.2015, p. 1)
Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification)
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