Presentation on theme: "The Regulation on European Standardisation"— Presentation transcript:
1 The Regulation on European Standardisation Enterprise and Industry Directorate-GeneralStandards for Boosting CompetitivenessDaniel BunchBIS 7 November 2012
2 Problems in Europe's Standardisation System (ESS) Commission Communication on the Role of Standardisation (COM(2004) 674)EU Council Conclusions on Competitiveness – December 2004 and December 2006Speed of "mandated" StandardisationNeeded to support policies and legislationReferencing ICT SpecificationsNeed for speed and elimination of uncertaintyInclusiveness of the ESSIntegration of users, consumers, SMEs, etc.
3 Preparatory work Studies: Reports: Public consultations: Specific Policy Needs for ICT Standardisation (2006)Access to Standardisation (2008)Standardisation for a competitive and innovative Europe: a vision for 2020, "EXPRESS" (2010)Future Standardisation Policy: Impact Assessment of Policy Options (2010)Reports:EP resolution of (The "Kožušník" Report)Public consultations:Commission White Paper on “Modernising ICT Standardisation in the EU” (COM(2009) 324) (2009)Options for reform of the ESS (2010)
4 The Standardisation “Package” of 1 June 2011 Commission Strategic Communication setting out a Vision for European Standards (COM(2011) 311)An Impact Assessment accompanying a regulatory proposal (SEC(2011) 671)A draft Regulation of the European Parliament and of the Council on European Standardisation (COM(2011) 315)
5 Policy context Europe 2020 Flagships Industrial Policy Innovation UnionDigital AgendaResource EfficiencySingle Market Act12 levers to boost growth and build confidenceDisability Strategy, Trade Objectives, etc.
6 Reg.(EU) No…/2012Consolidated legal basis for European standardisationEuropean standardisation as a policy tool for the UnionSets basic rules for cooperation between standardisation organisations, EC and Member StatesReplaces Decisions 1673/2006/EC and 87/95/EC, and part of Directive 98/34/ECAmends several Directives (objections to harmonised standards)
7 ESS – What does not change Voluntary, market-driven approachPrimacy of international standardsRole of the ESOs (and monopoly for making European standards)National delegation principle and role of the NSBsRequests for ("Mandated") European Standards, etc.
8 Objectives and achievements The speed of mandated standardisationThe inclusiveness of standardisation processStandardisation as a policy tool in service sectorsReview of ICT standardisation policyThe alignment of procedures in harmonisation legislation using "harmonised standards"A transparent legal basis for financing standardisation
9 1. Speed of mandated standardisation Planning and transparency of EC mandates to promote earlier availability of mandated standardsAnnual Union Work Programme – Art. 8 (strategic priorities, future mandates, international aspects)Online notification system for stakeholders – Art. 12 (Work programme, mandates, formal objections, ICT specifications, delegated acts)A deadline for ESOs when accepting mandates – Art. 10(3)Reporting requirements for ESOs – Art. 24Financing conditional on fulfilment of inclusiveness conditions and meeting agreed deadlines – Art. 17(4)
10 1a. Transparency of Work Programmes At least once per year all ESOs and NSBs to establish their Work Programme – Art. 3(1)WP to be published online and notice given in publication of standardisation activities – Art. 3(3)Notification of WP to other NSBs, ESOs and EC – Art. 3(4)Notification of draft standards/deliverables on request – Art. 43 Months to respond to commentsConsult ESOs and EC on comments indicating a negative impact on internal market
11 2. Inclusiveness of the standardisation process Representation of SMEs and societal stakeholders in European standardisation including financial support – Art. 5(1)Participation of research community in European standardisation – Art. 5(2)Participation of Member States' pubic authorities at national level when developing or revising harmonised standards – Art. 7SME access to standards and standardisation at national level – Art. 6
12 2a. SMEs and Societal Stakeholders 4 groups of stakeholders under the standardisation legal umbrella – Annex III :SMEsConsumersEnvironmental interestsSocial interestsRepresentation at the policy development level and key stages in the standardisation process at European level – Art. 5Proposal and acceptance of new work itemsTechnical discussion of proposalsSubmission of comments on draftsRevision of existing standards/deliverablesInformation and awareness-building on standards/deliverables
13 2b. Access of SMEs to NSB work – Art. 6 Encourage and Facilitate SME access to standards development by for instance – Art. 6(1):Identifying WP items of interestGiving access without requiring membershipFree access or special rates for participationFree access to draft standardsFree abstracts of standards on websitesReduced rates for standards or bundles of standardsExchange best practices among NSBs – Art. 6(2)Annual report to ESOs on above activities and publication on website – Art. 6(3)
14 3. Standardisation as a policy tool in service sectors European standardisation is confirmed as a policy tool to support Union legislation and policies on services – Art. 1Risk arising from a proliferation national standards ( : 453 national standards v. 24 European standards adopted)Clear legal basis for EC mandates on service standards supporting Union legation and policies (Directive 98/34 only mentioned products explicitly)Transparency of national work programmes including national work items on services – Art. 3
15 4. Review of ICT standardisation policy Enabling referencing of existing ICT technical specifications in public procurement – Art. 14Proposals for identification from EC and Member States – Art. 13(1)Criteria for identification – Annex IIICT multi-stakeholder platform as a consultative entity – Art. 13(3) and Commission Decision of (OJEU C349/4)
16 4a. Using existing ICT Specifications Encourage cooperation between ESOs and Fora and Consortia to develop new ICT standards – Strategic Communication Action 23However, many existing globally-adopted ICT specifications were made outside of the ESS (e.g. WiFi, Internet, Web accessibility)EU will use some existing ICT specifications to ensure interoperabilityIn delivering EU policies – Strategic Communication Action 20eHealth, eAccessibility, Intelligent Transport, eBusiness, Security, etc.In public procurement – Art. 14Avoid lock-in and barriers, promote competition and market accessProvided conditions are met:Domains where the ESOs are not active (or their standards have no market uptake / obsolete) – Annex II(2)IP rules at least FRAND (respect competition guidelines on horizontal cooperation agreements) – Annex II (3)(c)The ICT specification meets all other requirements – Annex II (market uptake, coherence, openness, consensus, transparency…)ICT Stakeholder Platform will give advice (expert working group with MS, industry, ESOs, Fora & Consortia, SMEs, societal groups)
17 5. Procedures for "harmonised" standards Common principles for use of harmonised standards supporting Union harmonisation legislationDefinition – Art. 2(1)(c)Mandates – Art. 10Need to publish reference in the OJEU (if OK!) – Art 10(6)Formal objections – Art. 11Aligning many existing harmonisation directives concerning placing on the market of productsA single procedure for all future harmonisation legislation supported by harmonised standards
18 6. Legal basis for financing standardisation Framework for financing ESOs – Arts. 15(1) & 17Includes financing of NSBs and other bodies co-operating with ESOs – Art. 15(2)Framework for financing European stakeholder organisations representing SMEs, consumers, social interests (employees) and environmental stakeholders – Art. 16Grants after a call for proposals – Art. 17(1)(c)Eligibility criteria – Annex III
19 Entry into force 1 January 2013 Implementation – short term Setting up the new Committee – Art. 22Setting up a notification system for all stakeholders – Art. 12Adapting mandating and formal objection procedures to incorporate "Comitology" – Arts. 10 & 11Preparation of Annual Union Work Programme – Art. 8Starting identification of ICT specifications with help of the ICT multi-stakeholder platform – Art. 13Publication of the list of NSBs in the OJEU – Art. 27
20 Implementation – medium/longer term Applying the new financing scheme (ESOs, stakeholder organisations) – Art. 17Review of EC website including "vade-mecum" on European standardisationBuilding reporting schemes to enable evaluation of implementation (effectiveness and simplification of financing, transparency, inclusiveness, speed and quality of mandated work) – Art. 24(3)Evaluation of the impact of "comitology" for mandates – Art. 25Launching an independent review – Strategic Communication Action 29