The Regulation on European Standardisation Enterprise and Industry Directorate-General Standards for Boosting Competitiveness Daniel Bunch BIS 7 November 2012

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 2006 Speed of "mandated" Standardisation Needed to support policies and legislation Referencing ICT Specifications Need for speed and elimination of uncertainty Inclusiveness of the ESS Integration of users, consumers, SMEs, etc.

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 21.10.2010 (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)

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)

Policy context Europe 2020 Flagships Industrial Policy Innovation Union Digital Agenda Resource Efficiency Single Market Act 12 levers to boost growth and build confidence Disability Strategy, Trade Objectives, etc.

Reg.(EU) No…/2012 Consolidated legal basis for European standardisation European standardisation as a policy tool for the Union Sets basic rules for cooperation between standardisation organisations, EC and Member States Replaces Decisions 1673/2006/EC and 87/95/EC, and part of Directive 98/34/EC Amends several Directives (objections to harmonised standards)

ESS – What does not change Voluntary, market-driven approach Primacy of international standards Role of the ESOs (and monopoly for making European standards) National delegation principle and role of the NSBs Requests for ("Mandated") European Standards, etc.

Objectives and achievements The speed of mandated standardisation The inclusiveness of standardisation process Standardisation as a policy tool in service sectors Review of ICT standardisation policy The alignment of procedures in harmonisation legislation using "harmonised standards" A transparent legal basis for financing standardisation

1. Speed of mandated standardisation Planning and transparency of EC mandates to promote earlier availability of mandated standards Annual 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. 24 Financing conditional on fulfilment of inclusiveness conditions and meeting agreed deadlines – Art. 17(4)

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. 4 3 Months to respond to comments Consult ESOs and EC on comments indicating a negative impact on internal market

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. 7 SME access to standards and standardisation at national level – Art. 6

2a. SMEs and Societal Stakeholders 4 groups of stakeholders under the standardisation legal umbrella – Annex III : SMEs Consumers Environmental interests Social interests Representation at the policy development level and key stages in the standardisation process at European level – Art. 5 Proposal and acceptance of new work items Technical discussion of proposals Submission of comments on drafts Revision of existing standards/deliverables Information and awareness-building on standards/deliverables

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 interest Giving access without requiring membership Free access or special rates for participation Free access to draft standards Free abstracts of standards on websites Reduced rates for standards or bundles of standards Exchange best practices among NSBs – Art. 6(2) Annual report to ESOs on above activities and publication on website – Art. 6(3)

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. 1 Risk arising from a proliferation national standards (2005-2009: 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

4. Review of ICT standardisation policy Enabling referencing of existing ICT technical specifications in public procurement – Art. 14 Proposals for identification from EC and Member States – Art. 13(1) Criteria for identification – Annex II ICT multi-stakeholder platform as a consultative entity – Art. 13(3) and Commission Decision of 28.11.11 (OJEU C349/4)

4a. Using existing ICT Specifications Encourage cooperation between ESOs and Fora and Consortia to develop new ICT standards – Strategic Communication Action 23 However, 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 interoperability In delivering EU policies – Strategic Communication Action 20 eHealth, eAccessibility, Intelligent Transport, eBusiness, Security, etc. In public procurement – Art. 14 Avoid lock-in and barriers, promote competition and market access Provided 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)

5. Procedures for "harmonised" standards Common principles for use of harmonised standards supporting Union harmonisation legislation Definition – Art. 2(1)(c) Mandates – Art. 10 Need to publish reference in the OJEU (if OK!) – Art 10(6) Formal objections – Art. 11 Aligning many existing harmonisation directives concerning placing on the market of products A single procedure for all future harmonisation legislation supported by harmonised standards

6. Legal basis for financing standardisation Framework for financing ESOs – Arts. 15(1) & 17 Includes 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. 16 Grants after a call for proposals – Art. 17(1)(c) Eligibility criteria – Annex III

Entry into force 1 January 2013 Implementation – short term Setting up the new Committee – Art. 22 Setting up a notification system for all stakeholders – Art. 12 Adapting mandating and formal objection procedures to incorporate "Comitology" – Arts. 10 & 11 Preparation of Annual Union Work Programme – Art. 8 Starting identification of ICT specifications with help of the ICT multi-stakeholder platform – Art. 13 Publication of the list of NSBs in the OJEU – Art. 27

Implementation – medium/longer term Applying the new financing scheme (ESOs, stakeholder organisations) – Art. 17 Review of EC website including "vade-mecum" on European standardisation Building 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. 25 Launching an independent review – Strategic Communication Action 29

Thank you for your attention http://ec.europa.eu/enterprise/policies/european-standards/index_en.htm