23 November 2011

Strengthening the consumer voice in the development of standards

Raising Standards for Consumers 1

IMCO public hearing – 23 November 2011

Stephen RussellANEC Secretary-General

The detailed ANEC positionThe detailed ANEC position

23 November 2011 Raising Standards for Consumers 2

The detailed ANEC position on the

draft Standardisation Regulation

was adopted on 14 October 2011,

World Standards Day.

The position paper, which includes

our proposed amendments, can be

downloaded from:

http://tinyurl.com/6zvutbq

The Annex III organisationsThe Annex III organisations

23 November 2011 Raising Standards for Consumers 3

ANEC welcomes the proposal for the Regulation to recognise those European

organisations established specifically to represent weaker stakeholders in the

European Standardisation System (the “Annex III organisations”).

This builds on the recognition of the Access to Standardisation Study; the

EXPRESS Report; the Kožušník Report and EP Resolution of 21 October 2010.

In March 2011, the European Commission published an independent mid-term

evaluation of the present Consumer Programme (http://tinyurl.com/66nseel):

“The work undertaken by ANEC was highlighted as being essential to product safety and

standardisation activities, and it was remarked by consultees that, without ANEC, work on

standardisation would be very difficult for national organisations to feed into or support.”

In its recommendations, the evaluation stresses one of four key priorities for EU funding in

the area of consumer policy should remain “the activities of ANEC given their importance to

standardisation work at the EU level” .

Representation vs InfluenceRepresentation vs Influence

23 November 2011 Raising Standards for Consumers 4

The traditional process of standards development is founded on a voluntary

participation. Stakeholders themselves decide whether to participate in particular

standards work based on their own resources and priorities.

If the Institutions want to guarantee the participation of all parties in particular

standards work, they should discuss the creation (and funding) of an ‘alternative

production line’ with CEN/CENELEC/ETSI (Action 10 of the Communication).

Moreover, the representation of the weaker stakeholders through the

Annex III organisations will not be enough without effective influence.

We believe the Regulation should assess the European Standards Organisations

on whether Annex III organisations have an “effective membership” (to quote

Paragraph 34 of the EP Resolution of 21 October 2010), and not on whether they

“ensure an appropriate representation”.

The need for effective membershipThe need for effective membership

23 November 2011 Raising Standards for Consumers 5

Many mini-motorbikes are capable of exceeding 64km/h. Some can be bought

for as little as 150€. Following several fatal accidents involving children, CEN

was mandated by the European Commission to develop a European Standard

for the safety of mini motorbikes under the Machinery Directive.

Despite fundamental and sustained opposition

from ANEC at the lack of requirements for age or

speed limits in the draft standard, CEN/TC 354

agreed to send the draft of EN 16029 for the

Formal Vote of adoption.

The vote closes on 10 January 2012.

At least 7 fatalities in

the UK alone between

2004 & 2006

What could be an effective membership?What could be an effective membership?

23 November 2011 Raising Standards for Consumers 6

Our position paper on the draft Regulation proposes some ideas:

1. The views of the participants from Annex III organisations being included

in the consensus of the technical committee;

2. Consensus to be implemented as “the absence of sustained opposition to

substantial issues” (as it is defined in ISO/IEC Guide 2 & EN 45020);

3. A more independent mechanism for appeals in the European Standards

Organisations against the publication of ‘deficient’ European standards.

Notes

a)This proposal does not imply the need for a ‘vote’ in the European Standardisation

System for Annex III organisations (reflecting the EP Resolution of 21 October 2010)

b)Consensus is different from unanimity. Consensus does give any interest a ‘veto’ in

the process but it should allow fundamental opposition to be addressed.

Broadening stakeholder consultationBroadening stakeholder consultation

23 November 2011 Raising Standards for Consumers 7

The Regulation intends to limit the participation in the present Directive 98/34

Committee to the Member States and the European Institutions.

This may be an unwelcome but unavoidable consequence of comitology.

Given the wish of the Single Market Act to extend the use of standardisation, it

is essential for all stakeholders to have a voice in the Institutional discussion of

standards issues, and in the regulatory approach to standardisation.

Hence ANEC proposes creation of a multi-stakeholder platform, open

to European associations from across the social & economic spectrum,

and to the representatives of the European Standardisation System.

It makes no sense to have a dedicated platform for the ICT Sector (Action 21 of

the Communication) without such a horizontal structure.

23 November 2011 8

Thank you for listening

www.anec.eu

Raising Standards for Consumers

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