Annexes to COM(2011)315 - European Standardisation

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2011)315 - European Standardisation.
document COM(2011)315 EN
date October 25, 2012
agreements reached in the Uruguay Round multilateral negotiations (1986-1994)

(OJ L 336, 23.12.1994, p. 1).

(10) Approved by Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).

(11) OJ L 399, 30.12.1989, p. 18.

(12) OJ L 121, 15.5.1993, p. 20.

(13) OJ L 100, 19.4.1994, p. 1.

(14) OJ L 164, 30.6.1994, p. 15.

(15) OJ L 213, 7.9.1995, p. 1.

(16) OJ L 181, 9.7.1997, p. 1.

(17) OJ L 135, 30.4.2004, p. 1.

(18) OJ L 154, 14.6.2007, p. 1.

(19) OJ L 122, 16.5.2009, p. 6.

(20) OJ L 264, 8.10.2009, p. 12.

(21) OJ L 218, 13.8.2008, p. 82.

(22) OJ L 134, 30.4.2004, p. 1.

(23) OJ L 134, 30.4.2004, p. 114.

(24) OJ L 216, 20.8.2009, p. 76.

(25) OJ L 357, 31.12.2002, p. 1.

(26) OJ L 260, 3.10.2009, p. 20.

(27) OJ L 108, 24.4.2002, p. 33.

(28) OJ C 349, 30.11.2011, p. 4.

(29) OJ L 248, 16.9.2002, p. 1.

(30) OJ L 310, 9.11.2006, p. 15.

(31) OJ L 404, 30.12.2006, p. 39.

(32) OJ L 149, 9.6.2007, p. 1.

(33) OJ L 312, 23.12.1995, p. 1.

(34) OJ L 292, 15.11.1996, p. 2.

(35) OJ L 136, 31.5.1999, p. 1.

(36) OJ L 55, 28.2.2011, p. 13.

(37) OJ L 88, 4.4.2011, p. 5.


ANNEX I

EUROPEAN STANDARDISATION ORGANISATIONS

1. CEN— European Committee for Standardisation

2. Cenelec— European Committee for Electrotechnical Standardisation

3. ETSI— European Telecommunications Standards Institute


ANNEX II

REQUIREMENTS FOR THE IDENTIFICATION OF ICT TECHNICAL SPECIFICATIONS

1.The technical specifications have market acceptance and their implementations do not hamper interoperability with the implementations of existing European or international standards. Market acceptance can be demonstrated by operational examples of compliant implementations from different vendors.

2.The technical specifications are coherent as they do not conflict with European standards, that is to say they cover domains where the adoption of new European standards is not foreseen within a reasonable period, where existing standards have not gained market uptake or where these standards have become obsolete, and where the transposition of the technical specifications into European standardisation deliverables is not foreseen within a reasonable period.

3.The technical specifications were developed by a non-profit making organisation which is a professional society, industry or trade association or any other membership organisation that within its area of expertise develops ICT technical specifications and which is not a European standardisation organisation, national or international standardisation body, through processes which fulfil the following criteria:

(a)openness:

the technical specifications were developed on the basis of open decision-making accessible to all interested parties in the market or markets affected by those technical specifications;

(b)consensus:

the decision-making process was collaborative and consensus based and did not favour any particular stakeholder. Consensus means a general agreement, characterised by the absence of sustained opposition to substantial issues by any important part of the concerned interests and by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments. Consensus does not imply unanimity;

(c)transparency:

(i)all information concerning technical discussions and decision making was archived and identified;

(ii)information on new standardisation activities was publicly and widely announced through suitable and accessible means;

(iii)participation of all relevant categories of interested parties was sought with a view to achieving balance;

(iv)consideration and response were given to comments by interested parties.

4.The technical specifications meet the following requirements:

(a)maintenance: ongoing support and maintenance of published specifications are guaranteed over a long period;

(b)availability: specifications are publicly available for implementation and use on reasonable terms (including for a reasonable fee or free of charge);

(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;

(d)relevance:

(i)the specifications are effective and relevant;

(ii)specifications need to respond to market needs and regulatory requirements;

(e)neutrality and stability:

(i)specifications whenever possible are performance oriented rather than based on design or descriptive characteristics;

(ii)specifications do not distort the market or limit the possibilities for implementers to develop competition and innovation based upon them;

(iii)specifications are based on advanced scientific and technological developments;

(f)quality:

(i)the quality and level of detail are sufficient to permit the development of a variety of competing implementations of interoperable products and services;

(ii)standardised interfaces are not hidden or controlled by anyone other than the organisations that adopted the technical specifications.


ANNEX III

EUROPEAN STAKEHOLDER ORGANISATIONS ELIGIBLE FOR UNION FINANCING

1.A European organisation representing SMEs in European standardisation activities which:

(a)is non-governmental and non-profit-making;

(b)has as its statutory objectives and activities to represent the interests of SMEs in the standardisation process at European level, to raise their awareness for standardisation and to motivate them to become involved in the standardisation process;

(c)has been mandated by non-profit organisations representing SMEs in at least two thirds of the Member States, to represent the interests of SMEs in the standardisation process at European level.

2.A European organisation representing consumers in European standardisation activities which:

(a)is non-governmental, non-profit-making, and independent of industry, commercial and business or other conflicting interests;

(b)has as its statutory objectives and activities to represent consumer interests in the standardisation process at European level;

(c)has been mandated by national non-profit consumer organisations in at least two thirds of the Member States, to represent the interests of consumers in the standardisation process at European level.

3.A European organisation representing environmental interests in European standardisation activities which:

(a)is non-governmental, non-profit-making, and independent of industry, commercial and business or other conflicting interests;

(b)has as its statutory objectives and activities to represent environmental interests in the standardisation process at European level;

(c)has been mandated by national non-profit environmental organisations in at least two thirds of the Member States, to represent environmental interests in the standardisation process at European level.

4.A European organisation representing social interests in European standardisation activities which:

(a)is non-governmental, non-profit-making, and independent of industry, commercial and business or other conflicting interests;

(b)has as its statutory objectives and activities to represent social interests in the standardisation process at European level;

(c)has been mandated by national non-profit social organisations in at least two thirds of the Member States, to represent social interests in the standardisation process at European level.


ANNEX IV

CORRELATION TABLE

Directive 98/34/ECThis Regulation
Article 1, first paragraph, point (6)Article 2(1)
Article 1, first paragraph, point (7)—
Article 1, first paragraph, point (8)Article 2(3)
Article 1, first paragraph, point (9)Article 2(8)
Article 1, first paragraph, point (10)Article 2(10)
Article 2(1)Article 3(1)
Article 2(2)Article 3(2)
Article 2(3)Article 3(3) and (4)
Article 2(4)Article 27
Article 2(5)Article 20(a)
Article 3Article 4(1)
Article 4(1)Article 3(3) and (5) and Article 4(4)
Article 4(2)—
Article 6(3), first indent—
Article 6(4)(a)Article 20(a)
Article 6(4)(b)—
Article 6(4)(e)Article 10(2)
Annex IAnnex I
Annex IIArticle 27
Decision No 1673/2006/ECThis Regulation
Article 1Article 1
Articles 2 and 3Article 15
Article 4—
Article 5Article 17
Article 6(1)Article 18
Article 6(2)Article 24(3)
Article 7Article 19
Decision 87/95/EECThis Regulation
Article 1Article 2
Article 2Article 3
Article 3Article 13
Article 4Article 8
Article 5Article 14
Article 6—
Article 7—
Article 8Article 24(3)
Article 9—