ChapterThe EuropeanStandardizati<strong>on</strong> System& its relati<strong>on</strong>ship with EULegislati<strong>on</strong>The New Approach to EU Legislati<strong>on</strong>The creati<strong>on</strong> of the Single Market in Europe was laid down in four basic principlescomm<strong>on</strong>ly identified as the “4 freedoms”. These freedoms refer to the free movementof goods, services, capital and workers. Previously, differences between nati<strong>on</strong>allaws, standards, and c<strong>on</strong>formity assessment procedures made trade between themember states difficult, expensive and time-c<strong>on</strong>suming. A quick acti<strong>on</strong> wasrequired.The principal goal of the Single Market was to eliminate all barriers to tradeexisting between the Member States. In order to faster remove these barriers, anew legislative technique and strategy was established: The New Approach.This new legal framework, the New Approach to Technical Harm<strong>on</strong>izati<strong>on</strong> andStandardizati<strong>on</strong>, was passed as a Council Resoluti<strong>on</strong> <strong>on</strong> May 7th 1985,30 CENELEC. <str<strong>on</strong>g>Primer</str<strong>on</strong>g> <strong>on</strong> <strong>Standards</strong>
(OJ 85/C136/1). It was created in order to "harm<strong>on</strong>ize" the health, safety, andenvir<strong>on</strong>mental requirements of Member States into <strong>on</strong>e single European legislativepackage. The outcome was called New Approach Directives, which are broadregulatory requirements to which c<strong>on</strong>fr<strong>on</strong>ted products must c<strong>on</strong>form. In everycase, <strong>on</strong>e piece of legislati<strong>on</strong> replaced 12 (15 after the last enlargement to Austria,Finland and Sweden). Member States are obliged to adopt the New ApproachDirectives because European legislati<strong>on</strong> always prevails over nati<strong>on</strong>al <strong>on</strong>e, whichmust be replaced.The New Approach represents a major change in policy for it makes referenceto voluntary European <strong>Standards</strong> as the most appropriate method for technicalimplementati<strong>on</strong> of legally-imposed requirements for products under Europeanlaw.In fact, it is probably the “Old Approach” that caused slow development of theInternal Market until 1985. Before this date, civil servants at the Commissi<strong>on</strong>used to draft detailed technical specificati<strong>on</strong>s that were annexed to the Directives.This process was l<strong>on</strong>g and required the c<strong>on</strong>tinuous updating of documents. Withthe New Approach, the European Commissi<strong>on</strong> proposed the necessary mandatoryperformance requirements to ensure health, safety, etc. and asked the 3 recognizedEuropean <strong>Standards</strong> Organizati<strong>on</strong>s, who created standards with the help oftechnical experts, the applicati<strong>on</strong> of the principles that guarantee compliancewith the corresp<strong>on</strong>ding requirements.The New Approach provides for three European <strong>Standards</strong> Bodies to plan, draft,create and adopt standards Europe-wide. These are:CEN, the European Committee for Standardizati<strong>on</strong>, in Brussels, resp<strong>on</strong>sible forstandards in all fields except electrotechnology and telecommunicati<strong>on</strong>sCENELEC, the European Committee for Electrotechnical Standardizati<strong>on</strong>, alsoin Brussels, prepares standards for electrotechnologyETSI, the European Telecommunicati<strong>on</strong>s <strong>Standards</strong> Institute, in Sophia-Antipolis,prepares standards for Telecommunicati<strong>on</strong>sThe Global Approach to Testing, Certificati<strong>on</strong> and C<strong>on</strong>formity Assessment, adoptedin 1989, supplements the New Approach. It provided for the establishment ofharm<strong>on</strong>ized procedures to assess the c<strong>on</strong>formity of products with the requirementsof the New Approach Directives and the placing of the CE Marking to suchproducts. Notified Bodies, that are officially recognized organizati<strong>on</strong>s withinMember States, can certify c<strong>on</strong>formity <strong>on</strong> the basis of the New Approach, ifrequired by the Directive in questi<strong>on</strong>.Uncovering the mysteries of standardizati<strong>on</strong> in Europe 31