In 1987, by PD 206/26-5-1987, “The information procedure for Standards and Technical Regulations, in accordance with Directive 83/189/EEC” was established and ELOT was designated as The National Information Center for standards, technical regulations, draft standards and draft technical regulations.
The Directive 83/189/EEC was the first instrument for transparency in the field of Technical Regulations and Standards aiming at the establishment of the internal market, which was already late. This delay was due to ineffective former policies that were applied, as Standards and Regulations were used by some members as a means to impose technical barriers to trade.
So, by mid 80’s, it was realized that the European standards were an indispensable instrument for the establishment of the internal single market, as they were contributing to the improvement of competition of goods/services and on the other hand standards were the driving force for technical progress.
In 1988, by Law 1727/1987, “Validation of the Agreement on Technical Barriers to Trade”, ELOT’s Information Center, was also designated as the Information Center for issues regarding the General Agreement of Tariffs and Trade, (now called, Agreement on Technical Barriers to Trade).
Directive 98/34/EC (former 83/189/EEC), as amended by Directive 98/48/EC which was adopted in Greek Legislation by PD 39/20-2-2001, define the procedure through which the Member States must notify the Commission and each other the following:
1. All standards that National Organizations for Standardization propose for elaboration or amendments, except of adopted European or international standards
2. All draft technical regulations for industrial, agriculture as well as fishing products and draft of national rules regarding requirements in the field of information society services, before their incorporation to National Legislation.
According to judgment “CIA-Security” of April 30th 1966, of the Court of Justice, a technical regulation which has not been notified, as it should, according to PROCEDURE 83/189 (today 98/34), cannot be enforced to individuals.
According to the Agreement on Technical Barriers to Trade of the World Trade Organization, its members have to notify the WTO secretariat, in case the following may have a significant effect on trade:
1. Technical Regulations or conformity assessment procedures
2. Bilateral or multilateral Agreements related to standards, technical regulations or conformity assessment procedures
Directive 98/34/EC and Agreement on Technical Barriers to Trade aim to create a favorable European and International Trading Environment. Notifying, evaluating and commenting ON draft standards and technical regulations during notification stage help to eliminate possible technical barriers to trade between Members States Notification procedures are the information instrument by which all interested private or public parties may foresee and eliminate all unjustified technical barriers to trade which may affect their activities.
According to Greek legislation, and in particular PD 39/2001 (Official Government Gazette 28/A/20-2-2001) about “Establishment of an information procedure for standards and regulations related to information society services, in conformity to directive 98/34/EC and 98/48/EC”, every public authority/body has to send to ELOT and the Ministry of Development, all drafts national regulations, in order to get notified through Directive 98/34.
ELOT, as the national point for this procedure, informs all Member States about Greek draft technical regulations and standards which are elaborated and at the same time is informed about drafts of all other Member States which makes them available to all interested parties. In case there are comments from a public authority/body, ELOT notifies them to the Commission and all Member States.
Regulation texts:
1. Directive 98/34/EC of June 22nd 1998
2. Directive 98/48/EC of July 20th 1998
3. Information leaflet 98/34
4. Vademecum 83/189
5. Vademecum 98/48
6. Court of Justice judgment“CIA-Security” of April 30th 1996
7. Agreement on Technical Barriers to Trade of World Trade Organization/ http://www.wto.org/