Skip to main content

THE TECHNICAL NOTIFICATION PROCEDURE

 

Technical notification is a procedure according to which a Member State conveys to the European Commission a draft regulation which is subject to technical notification. The purpose of this procedure is to ensure free movement of goods in a way which allows the European Commission and other Member States to give their comments on the drafts of the technical legislation drawn up by another Member State.

 

Technical notification at the EU level is governed by the 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 (OJ L 241, 17.9.2015, p. 1).

 

In line with this Directive, each Member State has to notify the European Commission of all the proposals of technical legislation, technical specifications and other requirements affecting the free movement of industrial products, agricultural products and information society services, and every prohibition from the market of a product or service which affects the free movement of goods on most of the country’s territory. All Member States must delay the adoption of such a regulation until the expiry of the “stand still period”, which lasts between 3 and 18 months and within which the European Commission and other Member States have the opportunity to comment. After the expiry of this period or after the receipt of any comments conveyed to the Member State by the European Commission, the Member State may adopt the regulation in question and publish it, whilst the final version must once again be sent to the European Commission. These regulations must also contain a provision that they are being issued in compliance with this procedure.

 

It should be noted here that the obligation of notification does not apply to regulations ensuring a complete transposition into or implementation of the European legislation in the national legal order, the fulfilment of obligations arising from international regulations or the execution of judgements of the European Court of Justice and the Court of First Instance.

 

The transposition of the above Directive has been ensured in the Slovenian legal order by the Decree on the notification procedures in the fields of standards, technical regulations and conformity assessment (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 19/14).

 

When a national body or the national body responsible for standards begins to prepare or draw up a technical regulation it must inform the contact point about this, i.e. the Slovenian Institute for Standardization. The information is supplied on the form Information on the drafting of a document (http://www.sist.si). The requirement for technical notification is confirmed by the Ministry of the Economy.

 

Additional information about national technical regulations in individual EU and EEA Member States and Turkey can be obtained on the TRIS website (Technical Regulations Information System; http://ec.europa.eu/growth/tools-databases/tris).