Explanatory Memorandum to COM(2013)932 - Procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification)

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dossier COM(2013)932 - Procedure for the provision of information in the field of technical regulations and of rules on Information Society ...
source COM(2013)932 EN
date 20-12-2013
1. On 23 April 2010, the Commission presented a proposal for a Directive of the European Parliament and of the Council codifying Directive 98/34/EC of the European Parliament 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 i.

2. Having regard to the amendment adopted[2] in respect of the proposal referred to in point 1 and in view of the work already carried out in the course of the legislative procedure, the Commission has decided to present – in accordance with Article 293(2) of the TFEU – an amended proposal for codification of the Directive in question.

This amended proposal also takes account of the purely formal or editorial changes proposed by the Consultative Working Party of the legal services, where these changes are considered justified i.

3. The changes made in this amended proposal, compared with the proposal referred to in point 1, are the following:

in the title of the act, the words ‘standards and’ are deleted;

in the preamble, the formula ‘After transmission of the draft legislative act to the national Parliaments’ is inserted after the first two citations, and the words ‘After transmission of the proposal to the national Parliaments’ are deleted;

in recital 3, the words ‘standards or’ are deleted;

recitals 18 to 25 are deleted;

recital 26 is renumbered 18 and its text is replaced by the following:

‘It is necessary to envisage a Standing Committee, the members of which are appointed by the Member States, with the task of cooperating in the efforts of the Commission to lessen any adverse effects on the free movement of goods.’;

recital 27 is deleted;

recital 28 is renumbered 19, and the reference to ‘Annex V’ is replaced by a reference to ‘Annex III’;

in the last sentence of Article 1(1)(b), the reference to ‘Annex III’ is replaced by a reference to ‘Annex I’;

in Article 1 i, points (f) to (j) are deleted;

in Article 1 i, point (k) becomes point (f); in that point, the reference to ‘Article 10’ is replaced by a reference to ‘Article 7’, and the reference to ‘Article 5’ is replaced by a reference to ‘Article 2’;

in Article 1 i, point (l) becomes point (g);

in Article 1(2), point (b) is replaced by the following text:

‘(b)    television broadcasting services covered by point (e) of Article 1 i of Directive 2010/13/EU of the European Parliament and of the Council.’;

in Article 1 i, the word ‘defined’ is replaced by the word ‘covered’;

in Article 1, the reference to ‘Annex IV’ is replaced by a reference to ‘Annex II’;

in Article 1 i, the reference to ‘Article 8’ is replaced by a reference to ‘Article 5’;

Articles 2, 3 and 4 are deleted;

Article 5 is renumbered 2;

Article 6 is renumbered 3; in the first subparagraph of paragraph 1 of that Article, the final words ‘with the representatives of the standards institutions referred to in Annexes I and II’ are deleted; in paragraph 3, point (a) is deleted and points (b), (c) and (d) become respectively points (a), (b) and (c); in paragraph 4, points (a), (b) and (e) are deleted and points (c) and (d) become respectively points (a) and (b); in that point (b), the words ‘when reviewing the operation of the system set up by this Directive’ are replaced by the words ‘when reviewing the operation of the system provided for in this Directive’;

Article 7 is renumbered 4 and its text is replaced by the following:

‘Member States shall communicate to the Commission, in accordance with Article 5 i, all requests made to standards institutions to draw up technical specifications or a standard for specific products for the purpose of enacting a technical regulation for such products as draft technical regulations, and shall state the grounds for their enactment.’;

Article 8 is renumbered 5; in the first subparagraph of paragraph 1 of that Article, the reference to ‘Article 10’ is replaced by a reference to ‘Article 7’; in the fifth subparagraph of that paragraph, as well as in the second subparagraph of paragraph 4, the reference to ‘Article 5’ is replaced by a reference to ‘Article 2’; in the sixth subparagraph of paragraph 1, the words ‘point (k)’ are replaced by ‘point (f)’;

Article 9 is renumbered 6; the references to ‘Article 8’ in paragraphs 1 to 4 and 7 of that Article are replaced by references to ‘Article 5’; in the first indent of paragraph 2, the words ‘point (k)’ are replaced by ‘point (f)’;

Article 10 is renumbered 7, in paragraph 1 of that Article, the initial words ‘Articles 8 and 9’ are replaced by ‘Articles 5 and 6’; in point (f) of that paragraph, as well as in paragraphs 3 and 4, the words ‘point (k)’ are replaced by ‘point (f)’; and in paragraphs 2, 3 and 4, the initial references to ‘Article 9’ are replaced by references ‘Article 6’;

Article 11 is renumbered 8; and the second paragraph of that Article is replaced by the following text:

‘The Commission shall publish annual statistics on the notifications received in the Official Journal of the European Union.’;

Article 12 is renumbered 9;

Article 13 is renumbered 10; in the first paragraph of that Article, the references to ‘Annex V’ are replaced by references to ‘Annex III’; and in the second paragraph, the reference to ‘Annex VI’ is replaced by a reference to ‘Annex IV’;

Articles 14 and 15 are renumbered 11 and 12;

Annexes I and II are deleted;

Annex III is renumbered I; in point 3(a) of that Annex, the reference to ‘point (e) of Article 1 of Directive 89/552/EEC’ is replaced by a reference to ‘point (e) of Article 1 i of Directive 2010/13/EU’;

Annex IV is renumbered II; in point (b) of that Annex, the reference to ‘Directive 2006/48/CE of the European Parliament and of the Council’ is replaced by a reference to ‘Directive 2013/36/EU of the European Parliament and of the Council’; and the text in point (c) is replaced by the words ‘operations covered by the insurance and reinsurance activities referred to in Directive 2009/138/EC of the European Parliament and of the Council’;

Annex V is renumbered III; in Part A of that Annex, the following entry is added:

‘Regulation (EU) No 1025/2012 of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12) / Only Article 26(2)’;

References to acts and to footnotes have been adapted to take into account the new way of citing acts, applicable since 1 July 2013; where relevant, the footnotes have been updated.

4. The Correlation Table, in Annex VI (renumbered IV), has been amended in accordance with the foregoing.

5. To facilitate reading and examination, the full text of the amended proposal for codification is attached hereto.

ê 98/34/EC (adapted)

è1 98/48/EC Art. 1 pt. 1