Notifications of draft technical regulations

 

The Directive 83/189/EEC was the first tool to achieve transparency in the field of Technical Regulations and Standards aiming at the establishment of the European internal market, which had already been significantly delayed. 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.

 

Thus, by mid-1980s, it was realized that the European standards were an indispensable instrument for the establishment of the European single market, as they contributed to improving the competitiveness of products/services and at the same time standards were a driving force of technical progress.

 

In 1988, by Law 1727/1987, “Ratification 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 on 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 a procedure according to which the Member States are obliged to notify the Commission and also among each other the following:

 

1. all new subjects for which the national standardization bodies have decided, by including them in their standardization 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 national technical regulations concerning industrial and agricultural products, including fisheries, as well as drafts of national rules regarding requirements in the field of information society services, prior to their incorporation into 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 Directive 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 are obliged 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 more favorable European and International Trading Environment. Notifying, evaluating and commenting on draft standards and technical regulations during the notification process help to reduce the risk of creating unjustified barriers to trade between Member States. Notification procedures are tools of information, prevention and dialogue, at the service of all interested parties, because they can allow the prediction and removal of unjustified barriers to trade that can adversely affect the activities of businesses, private or public sector entities, etc.

 

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 forwards observations of the Member States and the Commission to Greek public authorities and vice versa (Presidential Decree 81/2018, Articles 3, 6).

 

For more information regarding notifications of draft technical regulations, please contact us at +30 210 2120 304 or email 83189in [at] elot [dot] gr.