ANNEX 8 BRIEF DESCRIPTION OF THE NOTIFICATION PROCEDURE
This annex gives a general overview of the notification procedure for products and indicates
the specific procedural characteristics that apply to Information Society services. For a more
detailed description of the procedure, please refer to the information brochure Guide to the
procedure for the provision of information in the field of technical standards and regulations
and of rules on Information Society services, available on the following website:
http://ec.europa.eu/enterprise/tris.
Legal bases
Introduced in 1984 by Directive 83/189/EEC1, the notification procedure in the field of
technical regulations has gradually been extended to all industrial, agricultural and fishery
products. In 1998, Directive 83/189/EEC was repealed and codified by Directive 98/34/EC2,
which in turn was amended by Directive 98/48/EC3 in order to extend the notification
procedure to Information Society services, with the adaptations needed to take account of the
demands of the sector.
Obligation to notify and the standstill period
Article 8(1) of the Directive stipulates that the Member States shall inform the Commission of
any draft technical regulation prior to its adoption. The simple transposition of a Community
act does not require prior notification, unless the national authorities adopt national provisions
that go beyond mere compliance with Community acts and that contain technical regulations
within the meaning of the Directive (Article 10).
Starting from the date of notification of the draft, a three-month standstill period – during
which the notifying Member State cannot adopt the technical regulation in question – enables
the Commission and the other Member States to examine the notified text and to respond
appropriately. The only derogation to this rule is linked to the nature of the measure in
question: for technical specifications linked to fiscal or financial measures, there is no
standstill period. This also applies to technical regulations that have to be adopted urgently
(see below).
Possible reactions and consequences
Where it emerges that the notified drafts are liable to create barriers to the free movement of
goods or to the free provision of Information Society services (Articles 28-30, 43 and 49 of
the EC Treaty) or to secondary legislation, the Commission and the other Member States
submit a detailed opinion to the Member State that has prepared the draft (Article 9(2) of the
Directive). The detailed opinion has the effect of extending the standstill period by an
additional three months. The Commission and the Member States can also make comments
about a notified draft that appears to comply with Community law but that requires
clarifications in its interpretation (Article 8(2)). The Commission can also block a draft for a
underway in the same field (Article 9(3) to (5)).
In the event of a detailed opinion being issued, the Member State concerned informs the
Commission of the action that it intends to take in response to the detailed opinion, and the
Commission comments on that reaction (Article 9(2)). With regard to the comments, even
though the Directive does not lay down any legal obligation for the Member State receiving
the comments to indicate what follow-up action it intends to take, the Member States are
inclined to respond, thus making the procedure a genuine instrument of dialogue.