Activities of Heide RÜHLE related to 2011/0150(COD)
Plenary speeches (1)
European standardisation (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on European Standardisation and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and of the Council PDF (617 KB) DOC (969 KB)
Amendments (35)
Amendment 80 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This regulation covers standardisation of services related to goods or digital content, such as installation, maintenance, repair or any other processing. However, it does not concern standardisation of intellectual and conceptual services as defined by Directive 2005/36/EC nor does it cover social, healthcare or pharmaceutical services. These services are provided on the basis of relevant professional qualifications in a personal, responsible and professional independent capacity in the interest of the client and the public.
Amendment 81 #
Proposal for a regulation
Recital 10
Recital 10
(10) Within the Union, national standards are adopted by national standardisation bodies which could lead to conflicting standards and technical impediments in the internal market. Therefore, it is necessary for the internal market and for the effectiveness of standardisation within the Union to confirm the existing regular exchange of information between the national standardisation bodies, the European standardisation bodies and the Commission, about current and future standardisation work, including the provisions concerning the standstill arrangements applicable to the national standardisation organisations within the framework of the European standardisation organisations. This exchange of information should be aligned with Annex 3 to Agreement on Technical Barriers to Trade approved by Council Decision No 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations.
Amendment 88 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Any Union policy and legislative initiative should be in compliance with the United Nations Convention on the Rights of Persons with Disabilities concluded by the European Union on 23 December 2010, and especially Articles 3, 4 and 9.
Amendment 106 #
Proposal for a regulation
Recital 16
Recital 16
(16) Standards should as far as possible take into account environmental impacts throughout the life cycle of products and services. Important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the Commission's Joint Research Centre.
Amendment 109 #
Proposal for a regulation
Recital 36
Recital 36
(36) The advisory procedure should be used for the implementing decisions with respect to the annual European standardisation work and the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were not yet published in the Official Journal of the European Union, given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable Union harmonisation legislation.
Amendment 110 #
Proposal for a regulation
Recital 37
Recital 37
(37) The examination procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were already published in the Official Journal of the European Union, given that such decision could have consequences on the presumption of conformity with the applicable essential requirements. National authorities should give their input through their national standardisation organisations during the standardisation process, in order to reduce as much as possible, modifications on the status of standards after the publication in the Official Journal of the European Union.
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules with regard to the cooperation between European standardisation bodies, national standardisation bodies and the Commission, the establishment of those European standards and European standardisation deliverables for products and for services inrelated to goods or digital content which are used to support of Union legislation and policies, the recognition of technical specifications in the field of information and communication technologies (hereinafter ‘ICT’) and financing of European standardisation. Social services and services by Professional qualifications as defined by the Directive 2005/36/EC of the European Parliament and the Council on recognition of professional qualifications shall not be subject to this regulation.
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘standard’ means a technical specification for repeated or continuous application, the draft of which has been subject to public enquiry, with which compliance is not compulsory, and which is one of the following:
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) ‘international standard’ means a standard adopted by an international standardisation bodyorganisation, and made publicly available;
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) ‘European standard’ means a standard adopted by one of the European standardisation bodies, which is automatically transposed as a national standard in Member States by withdrawal of conflicting national standards during the drafting of which a standstill on national level applies;
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
(d) ‘national standard’ means a standard adopted by a national standardisation body, and made publicly available;
Amendment 132 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
(a) the characteristics required of a product including levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘service’ means any self-employed economic activity related to goods or digital content, such as installation, maintenance, repair or any other processing, normally provided for remuneration, as referred to in Article 57 of the Treaty;
Amendment 155 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. European standardisation bodies shall ensure an appropriate representation and participation of small and medium-sized enterprises (hereinafter ‘SME’), consumer organisations and environmental and social stakeholders and representatives of employers and employees (hereinafter 'social partners'), in particular through the organisations referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:
Amendment 163 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) the vote: during a transitional period organisations referred to in Annex III shall be granted voting rights to items to which a representative of such an organisation has contributed at technical level and as long as the respective stakeholder group is not systematically and appropriately represented in at least 2/3 of the National Standardisation Organisations.
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) In order to ensure the appropriate representation of stakeholders and to improve the consensus building process, the transparency of affiliation of members shall be promoted and monitored by European Standardisation Organisations.
Amendment 168 #
Proposal for a regulation
Article 5 – paragraph 1 d (new)
Article 5 – paragraph 1 d (new)
1d. The European Standardisation Organisations shall grant an 'effective membership' to the organisations referred to in Annex III in order to strengthen the representation of those stakeholders who are often weak in, or absent from, the mirror standardisation committees at national level.
Amendment 172 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. European standardisation bodies shall ensure an appropriate representation, at technical level, of relevant public authorities including those responsible for market surveillance in the Member States, employers and employees as representatives for occupational safety and undertakings, research centres and universities and other legal entities, in standardisation activities concerning an emerging area with significant policy or technical innovation implications, if and in particular when these legal entities concerned participated in a project that is related to that area and that is funded by the Union under a multiannual framework programme for activities in the area of research and technological development.
Amendment 186 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The European standardisation work programme referred to in paragraph 1 shall specify the specific objectives and policies for the European standards and other European standardisation deliverables that the Commission intends to request from the European standardisation bodies. In cases of urgency the Commission can issue requests without prior indicationafter consultation with the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 188 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. A European Standardisation System Strategy Forum shall be set up by the Commission in order to consult and coordinate relevant European stakeholders and interested parties, including Annex III organisations, in the perspective of the European policy priorities and initiatives. This multi- stakeholder platform shall be consulted prior to the adoption of the multiannual European standardisation work programme referred to in paragraph 1 and on each standardisation request referred to in Article 7(1). This Forum shall also be used as the multi-stakeholder platform in the field of ICT proposed in the Commission Communication COM(2011)311.
Amendment 189 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission may request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the pubolic intery objectives clearly stated in the Commissions request and based on consensus.
Amendment 195 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The relevant European standardisation body shall indicate, within onthree month s following its receipt, and provided that it has been duly consulted during the drafting process, if it accepts the request referred to in paragraph 1.
Amendment 199 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When either a Member State or the European Parliament considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union legislation, it shall inform the Commission thereof with a detailed explanation and evidence to sustain its claim. The Commission shall without delay convene the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 203 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The decision referred to in paragraph 2(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 18(2) following the consultation of the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 205 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The decision referred to in paragraph 2(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 18(3) following the consultation of the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 208 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Recognition and use of technical specifications in the field of ICT
Amendment 214 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Either on proposal from a public authority referred to in Directive 2004/18/EC or on its own initiative the Commission may decide, after consultation with representatives of all stakeholders, including the European Standardisation Organisations, to recognise technical specifications which are not national, European or international standards and meet the requirements set out in Annex II, as ICT standards.
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Recognised ICT standards referred to in Article 9 shall constitute common technical specifications referred to in Directives 2004/17/CE and 2004/18/CE, and Regulation (EC) No 2342/2002.
Amendment 226 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) the activities of the central secretariats of the European standardisation bodies, including policy development, the coordination of standardisation activities, the processing of technical work and the provision of information to interested parties. Those activities shall be made accessible to persons with disabilities to the same level as for anyone else participating;
Amendment 232 #
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) the drawing up of information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, best practice information and awareness-building actions. Such information and material shall be available in accessible electronic format and/or accessible format for persons with disabilities;
Amendment 247 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) The decisions referred to in points (a) and (b) shall be adopted after consultation with the European Standards Organisations and the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 260 #
Proposal for a regulation
Annex 2 – point 3 – point c
Annex 2 – point 3 – point c
(c) intellectual property rights essential to the implementation of specifications are licensed to applicants on a (fair) reasonable and non-discriminatory basis ((F)RAND), which includes, at the discretion of the intellectual property right-holder, licensing essential intellectual property without compensation.
Amendment 264 #
Proposal for a regulation
Annex 3 – point a – introductory part
Annex 3 – point a – introductory part
(a) A European horizontal organisation representing crafts and SMEs in European standardisation activities which:
Amendment 270 #
Proposal for a regulation
Annex 3 – point d – point i
Annex 3 – point d – point i
(i) is non-governmental, non-profit- making, representative and independent of industry, commercial and business or other conflicting interests.
Amendment 272 #
Proposal for a regulation
Annex 3 – point d – point ii
Annex 3 – point d – point ii
(ii) has as its statutory objectives and activities to represent social interests and in particular most vulnerable groups such as persons with disabilities in the standardisation process at European level;