Law On European Notification Of Technical Rules Mm (Eea Hearing Act)

Original Language Title: Lov om europeisk meldeplikt for tekniske regler m.m. (EØS-høringsloven)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2004-12-17-101

Law on European notification of technical rules mm (EEA consultation law)


Date LOV-2004-12-17-101


Ministry of Industry and Ministry of Fisheries

Edited

LOV-2015-12-18-132 from 01/01/2016


Published in 2004 Booklet 15


Commencement 01.01.2005

Changes


Promulgated
17.12.2004

Short Title
EEA consultation law

Chapter Overview:

Chapter I. General provisions (§§ 1-3)
Chapter II. Notification requirements (§§ 4-5)
Chapter III. Standstill Obligation (§§ 6-8)
Chapter IV. Effects of violation of the law (§§ 9-11)
Part V. Miscellaneous provisions (§§ 12-15 a)
Chapter VI. Duty of service requirements activities (§§ 16-18)
Chapter VII. Final provisions (§§ 19-20)

Act title amended by Act 15 August 2014 No.. 60 (ikr. August 18, 2014 acc. Res. 15 August 2014 No.. 1078). - Ref. EEA Agreement Annex II Sec. XIX. 1 (Directive 98/34 / EC as amended in particular by Directive 98/48 / EC and frd. (EU) No. 1025/2012), for Act Chap. Cf. . EEA agreement Annex X no. 1 (Directive 2006/123).

Chapter I. General Provisions

§ 1. Purpose The law should discourage illegal trade barriers and contribute to free movement within the Community 'internal market for goods and information society services, and the establishment of such services through electronic administrative cooperation and a system for European notification (EEA hearing) for proposals to technical rules.

§ 2. Substantive and geographical scope The Act applies to electronic administrative cooperation in the EEA and state administrative preparation and adoption of technical rules. The law does not apply to technical rules

A)
conducts binding provisions of the EEA legal acts, including acts in the field of electronic communications,

B)
solely based on protection clauses in binding EEA acts,

C)
exclusively conducting a judgment of the Court or the ECJ,

D)
exclusively modifies a technical rule in accordance with a request from the Commission,

E)
solely fulfill obligations under international agreements leading to common rules within the EEA,

F)
exclusively for products from the agriculture and fisheries sector, as far as these sectors are not covered by the EEA Agreement,

G)
been notified to the Commission through the reporting system for consumer products that pose a serious risk (RAPEX), ref. Directive 2001/95 / EC Article 12 paragraph 1.

Apart from § 13 applies the law nor technical rules on investment services in the securities field, which in their terms are identical to Directive 93/22 / EEC, 1 or about markets or bodies carrying out tasks in connection with the settlement of such markets .
Act also applies to European standardization.
Ministry may by regulations make further exceptions from the substantive scope, as far as is compatible with the EEA Agreement.
The King may issue regulations that the law should apply to Svalbard and Jan Mayen, and may lay down special rules taking account of local conditions.

§ 3. Definitions
1.
The technical rules meant in this law:

A)
technical specifications or other requirements, including instructions, as law or in fact must be followed in order to bring in revenue or use a product in whole or a large part of Norway,

B)
requirements for information society services, including instructions, as law or in fact must be followed in order to provide, sell, establish or operate such services in whole or a large part of Norway,

C)
rules prohibiting the production, import, sale or use of a product,

D)
rules prohibiting performance, turnover, creation or use of an information society.

As technical rules are also requirements of government agreements on compliance with technical specifications or other requirements, with the exception of tender documents for public procurement and rules on financial measures affecting the consumption of products or information society services by motivating to follow such claim.

2.
The technical specifications defined as requirements for a product's characteristics, for example with regard to quality, performance, safety or dimensions, as well as product requirements concerning designation, terminology, symbols, testing and test methods, packaging, marking and labeling and methods conformity assessment. As technical specifications are also requirements for production methods:

A)
products intended for human consumption, feed and medicines as defined in the Medicines Act § 2, and

B)
other products when the requirements affecting the product's properties.

3.

Other requirements means requirements that are not technical specifications, and that affects the product's life after it is brought to market, such as requirements for the use, recycling or reuse, if such claims can significantly affect the product's composition, properties or turnover.

4.
With product means industrial products and agricultural products covered by the EEA Agreement.

5.
With information society services means any service normally provided for remuneration and transmitted electronically over distance and by individual request of a recipient, cf. The indicative list of Directive 98/48 / EC Annex V.

6.
With rules on information society services is defined rules that wholly or partially as direct purpose of controlling access to information society services and the provision of such services, in particular provisions concerning the service provider, the recipient of services and services as such.

Chapter II. Notification requirements

§ 4. Duty of technical rules Proposed technical rules shall be notified to the Commission through the Ministry.
It should be given new message after the first paragraph if there are changes that significantly

A)
change scope,

B)
shortens the timetable for implementation, or

C)
introduces new or stricter requirements.

§ 5. Requirements for message content etc. The notification shall contain the proposed technical rules in Norwegian and English. Unless stated rule proposal, the notice shall state why the rules are considered necessary.
So unless it is obviously unnecessary for the understanding of the technical regulations, the other relevant parts of the regulations included in the message. If changes are made in the technical regulations that have previously been notified to the Commission, it is sufficient that the message contains the changes.
When the proposal is solely based on an international or European standard, it is sufficient that the message refers to the current standard.
If the proposal especially aims to limit the sale or use of a chemical substance, preparation or product to protect public health, the environment or consumers, the notice shall also provide information as specified in Directive 98/34 / EC Article 8. 1 fourth paragraph.

Chapter III. Standstill Obligation

§ 6. Standstill Obligation Proposed technical rules shall be notified in accordance with § 4, can not be adopted until three months after the date on which the Commission receives notification under Chapter II, unless otherwise provided by subsection of this section or §§ 7 and 8.
If a Member State, Switzerland, Commission or European Commission provides comments on a proposed technical rule, it shall so far as possible be taken into account.
If the Ministry within three months from the date the Commission receives the notification, receive a detailed statement from an EEA EFTA State, Switzerland or the Commission that the envisaged measure may create obstacles to the free movement of goods or information society services, or for the establishment of such services, should adoption be postponed by a further

A)
a month draft rules on information society services and for proposing conditions in agreements mentioned in § 3 no. 1, second paragraph, and

B)
three months for other draft technical regulations.

§ 7. Exemption from the standstill obligation by a need for immediate adoption standstill obligation under § 6 shall not apply if the technical rules must be developed in a short time and adopted immediately because of a severe and unpredictable situation relating to

A)
protection of public health, animal health or plant life,

B)
public security, or

C)
public order when it comes to rules on information society services, including in particular rules for the protection of minors.

The standstill obligation under § 6 shall not apply if the rules on financial services must be adopted and put into effect immediately because of a serious situation relating to the financial system safety and integrity, including in particular rules for the protection of depositors, investors and insured.
The message Chapter II shall indicate why the immediate adoption is deemed necessary.

§ 8. Other exemptions from the standstill obligation standstill obligation under § 6 shall not apply in

A)
technical rules that prohibit production without hampering the free movement of goods and

B)
technical rules on financial measures referred to in § 3 no. 1, second paragraph.

Chapter IV. Effects of violations of the law


§ 9. inapplicable Technical enacted without consideration in accordance with Chapters II and III, can not be applied or invoked against individuals before they are treated in accordance with § 10, as far as the application or appeals could impede

A)
production, import, sale or use of a product, or

B)
performance, turnover, creation or use of information society services.

§ 10. Notification and vindication for adoption Technical enacted without consideration in accordance with Chapters II and III, shall be immediately notified to the Commission pursuant to §§ 4 and 5 as draft technical regulations.
If the adopted technical rules not be changed after they are treated in accordance with Chapters II and III, the rules upheld. Technical enacted by law, confirmed by the King. Technical enacted by regulation, confirmed by the body that has adopted the regulation.

§ 11. Announcement in Norwegian Law Gazette Simultaneously with the notification pursuant to § 10 subsection sent to the Commission, the information about the message sent to the announcement in the Norwegian Law Gazette.
Vindication under § 10 subsection shall be published in the Norwegian Law Gazette.
By statement under this section shall apply the requirements of § 12

Chapter V. MISCELLANEOUS PROVISIONS

§ 12. Reference to this law Technical rules published shall contain a reference to Directive 98/34 / EC, as amended by Directive 98/48 / EC, and this law.

§ 13. Information to the Commission Technical rules that have been notified to the Commission under this Act and has entered into force, be transmitted to the Commission through the Ministry.

§ 13a. Electronic administrative cooperation in the European Economic Ministry may issue regulations on electronic system for electronic administrative cooperation in the EEA, including provisions on the scope and effective use of the system and policy.

§ 14. Notification requirements mm of Standards Ministry may issue regulations concerning the requirement etc. at national preparation of standards.

§ 15. Regulations concerning the design and publication of messages etc. The Ministry may issue further regulations on the design and publication of the messages and the detailed statements or comments other states draft technical regulations.

§ 15a. Regulations on European standardization Ministry may issue further regulations on European standardization.

Chapter VI. Duty of service requirements business

§ 16. Scope of chapter VI For §§ 17 and 18 service law Chapter 1 apply.

§ 17. Duty of certain requirements for service activities in the realm Proposed following requirements for taking up and pursuit of service activities in the kingdom shall be notified to the Commission through the Ministry:

A)
quantitative or geographical limitations,

B)
duty for service to have a particular legal form,

C)
requirements associated with ownership of an enterprise,

D)
requirement that a service can only be provided by service providers in a specific occupation, except requirements for regulated professions governed by the EEA Agreement Annex VII paragraph 1 (Directive 2005/36 / EC) on the approval of Diplomas.

E)
requirement minimum number of employees,

F)
requirement minimum prices or maximum prices for a service, and

G)
requirement providing other specified services with the main performance.

The report shall contain proposals for requirements in Norwegian and English and will show that the requirement

A)
directly or indirectly discriminate on grounds of nationality or establishment State

B)
is justified by overriding public interest, and

C)
is appropriate and necessary to achieve the purpose of the requirement.

§ 18. Duty of requirements to service providers from another Member State Proposal for claims that may be asserted against a service provider from another Member State pursuant to the Services Act §§ 16 and 17 shall be notified to the Commission through the Ministry.
The report shall contain proposals for requirements in Norwegian and English and will show that the requirement

A)
directly or indirectly discriminate on grounds of nationality or establishment State

B)
is justified on grounds of public policy, public security, public health or environmental protection, and

C)
is appropriate and necessary to achieve the purpose of the requirement.

Chapter VII. FINAL PROVISIONS

§ 19. Commencement and transitional provisions This Act applies when the King bestemmer.1
Act does not apply technical rules adopted before the Act.

§ 20. Other legislative From the time the Act enters into force the following amendments to the Act of 10 February 1967 relating to procedure in cases concerning § 38 first paragraph a: - - -