Directive 2015/1535 - Procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification) - Main contents
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official title
Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2015/1535 |
| Original proposal | COM(2013)932  |
| CELEX number i | 32015L1535 |
| Document | 09-09-2015; Date of adoption |
|---|---|
| Publication in Official Journal | 17-09-2015; OJ L 241 p. 1-15 |
| Effect | 07-10-2015; Entry into force Date pub. +20 See Art 11 |
| End of validity | 31-12-9999 |
17.9.2015 |
EN |
Official Journal of the European Union |
L 241/1 |
DIRECTIVE (EU) 2015/1535 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 9 September 2015
laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 337 and 43 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinions of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive 98/34/EC of the European Parliament and of the Council (3) has been substantially amended several times (4). In the interests of clarity and rationality, that Directive should be codified. |
(2) |
The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. Therefore, the prohibition of quantitative restrictions on the movement of goods and of measures having an equivalent effect is one of the basic principles of the Union. |
(3) |
In order to promote the smooth functioning of the internal market, as much transparency as possible should be ensured as regards national initiatives for the establishment of technical regulations. |
(4) |
Barriers to trade resulting from technical regulations relating to products may be allowed only where they are necessary in order to meet essential requirements and have an objective in the public interest of which they constitute the main guarantee. |
(5) |
It is essential for the Commission to have the necessary information at its disposal before the adoption of technical provisions. Consequently, the Member States, which are required to facilitate the achievement of its task pursuant to Article 4(3) of the Treaty on European Union (TEU), must notify it of their projects in the field of technical regulations. |
(6) |
All the Member States must also be informed of the technical regulations envisaged by any one Member State. |
(7) |
The aim of the internal market is to create an environment that is conducive to the competitiveness of undertakings. Increased provision of information is one way of helping undertakings to make more of the advantages inherent in this market. It is therefore necessary to enable economic operators to give their assessment of the impact of the national technical regulations proposed by other Member States, by providing for the regular publication of the titles of notified drafts and by means of the provisions relating to the confidentiality of such drafts. |
(8) |
It is appropriate, in the interests of legal certainty, that Member States publicly announce that a national technical regulation has been adopted in accordance with the formalities laid down in this Directive. |
(9) |
As far as technical regulations for products are concerned, the measures designed to ensure the proper functioning or the continued development of the market include greater transparency of national intentions and a broadening of the criteria and conditions for assessing the potential effect of the proposed regulations on the market. |
(10) |
It is therefore necessary to assess all the requirements laid down in respect of a product and to take account of developments in national practices for the regulation of products. |
(11) |
Requirements, other than technical specifications, referring to the life cycle of a product after it... |
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