ANEC, ECOS and ETUI common response
to the CEN and CENELEC stakeholder consultation on the
CEN-CENELEC concept of Partnership with European organisations
September 2012
ANEC, the European Association for the Co-ordination of Consumer Representation in Standardisation
Av. de Tervueren 32, box 27, B-1040 Brussels, Belgium - Tel: +32-2-743 24 70 - Fax +32-2-706 54 30
e-mail: [email protected] - internet: www.anec.eu
ECOS, the European Environmental Citizens' Organisation for Standardisation (asbl)
Mundo B, Rue d’Edimburg, 26, B-1050 Brussels, Belgium - Tel: +32 2 894 46 55 - Fax: +32 2 894 46 10
e-mail: [email protected] – internet www.ecostandard.org
ETUI, the European Trade Union Institute
Boulevard du Roi Albert II, 5 box 4, B - 1210 Brussels - Tel: +32 (0)2 224 04 70 - Fax: +32 (0)2 224 05 02
e-mail: [email protected] – internet: www.etui.org
In November 2011, CEN and CENELEC announced a review of their respective concepts of
partnership with European organisations in order to prepare a common policy.
In parallel with this announcement, ANEC, ECOS and ETUI welcomed the support of the
CEN and CENELEC governance bodies for an “effective participation” of the experts from
“Annex III Organisations”1 in the Technical Committees of CEN and CENELEC, as well as in
their reporting structures (i.e. Sub-Committees - SC and Working Groups - WG).
We saw this support as reflecting, not only the spirit of the (draft) Regulation on European
Standardisation2, but also the value of the “Annex III Organisations” in helping ensure the
relevance and appropriateness of the European Standards portfolio, particularly in the case
of societal stakeholders.
We believe “effective participation” in Technical Committees for experts from the “Annex III
Organisations” should mean that the views of those experts are reflected in the consensus of
the Technical Committee in its decisions to launch the Formal Vote on a draft European
Standard (FprEN), as well as in similar decisions (e.g. review of an EN). This right would be
accompanied by the obligation that such inclusion in consensus-building would not constitute
a vote (or a veto) in the process of standards development.
We note the status of Partner Organisation, as described in the CEN and CENELEC concept
of partnership, does not reflect such “effective participation”. Indeed, this should be the case,
as the principal means to influence the development of European Standards (ENs) is - and
will remain - through national delegations. The (draft) Regulation itself is explicit in confirming
the pre-eminence of the national delegation principle. Hence Partner Organisations should
be purely observers in the process.
However, the (draft) Regulation recognises “Annex III Organisations” in that they represent
stakeholders absent from the process in many countries, or that have special economic and
political value (as in the case of SMEs). Hence we believe there is need to recognise the
European representatives of the societal stakeholders in a separate category of partnership.
Similarly, CEN and CENELEC may want to consider whether such a category of partnership
should be amended to encompass the “Annex III Organisation” representing SMEs.
A separate status of European Societal Stakeholder Organisation3 would not only allow this
vital distinction to be made from the Partner Organisation, but would also help Technical
Committee Chairs and Secretaries implement “effective participation”. Without a separate
status, it will be difficult for TC officers to know that some Partner Organisations (e.g. ANEC,
ECOS, ETUI) have “effective participation”, while others do not.
To be able to represent their constituencies effectively, the European Societal Stakeholder
Organisations would need two further rights, granted to the existing CEN Associates (and
CENELEC Co-operating Partners) but not to the proposed Partner Organisations:
-
1
the right to appoint experts to any CEN or CENELEC Technical Committee and their
reporting structures (SC, WG);
the right of appeal, at least on issues under the jurisdiction of the Technical Boards.
The “Annex III Organisations” are European Stakeholder Organisations that meet certain criteria, including those
defined in Annex III to the (draft) Regulation on European Standardisation, and are recognised as European-level
representatives of SME, consumer, environmental and societal interests in the European Standardisation System.
ANEC ECOS and ETUI presently meet these criteria from among the societal stakeholder organisations.
2
COM(2011) 315 final
3
A provisional title only
We welcome the acknowledgement from CEN and CENELEC that the Internal Regulations
and other working-level arrangements may need to be adapted to meet the expectations of
the Regulation on European Standardisation. Nevertheless, we are firm in our belief that the
strengthening of the societal voice in European Standardisation needs to be made visible –
both politically and operationally – through the creation of a separate category of partnership.
Hence, we call on CEN and CENELEC to create the category of the European Societal
Stakeholder Organisation, covering the concepts of partnership A and B. Our common
proposal is as follows:
(new)2. European Societal Stakeholder Organisations
a.
Why provide a status for European Societal Stakeholder Organisations?
CEN and CENELEC are founded on the principle of national delegation, with their members
facilitating the participation of all interested parties at national level. Even so, certain groups
of stakeholders are historically under-represented in the standardisation process and yet the
protection of workers, consumers and the environment are pillars of public interest. In order
to address this weakness, it has been recognised since the early 1990s that it is necessary
to ensure the participation of these stakeholders directly at the European level.
b. Benefits, rights and obligations of European Societal Stakeholder Organisations
For the purposes of partnership with CEN and CENELEC, the rights and obligations of
European Societal Stakeholder Organisations at the level of the governing and policy groups
are identical to that of the Partner Organisations (partnership A).
The rights and obligations of European Societal Stakeholder Organisations at the level of the
technical work are identical to that of Partner Organisations, with the following distinctions:
the right to appoint experts to any CEN or CENELEC Technical Committee and their
reporting structures (e.g. SC; WG), in order to complement the contribution of the
national delegations;
the right for the view of the expert(s) of the European Societal Stakeholder Organisations
to be reflected in the consensus of the Technical Committee in decisions to launch the
Formal Vote on a draft EN (FprEN), and similar decisions defined in the CEN/CENELEC
Internal Regulations Part 2, on the understanding this does not constitute a right of vote
or veto in the standards development process;
the ability to launch an appeal, in line with Section 7 of the CEN/CENELEC Internal
Regulations Part 2, on issues under jurisdiction of the CEN or CENELEC Technical
Board, and, as with CEN/CENELEC members, to have access to an “Early Conflict
Resolution Mechanism” in order to avoid formal appeals whenever possible.
c. Annual fees
•
for CEN, services including both the Gov./Pol. and Technical levels: a maximum of €
8.000
•
For CENELEC, services including Gov./Pol. and Technical level: a maximum of €
5.000
3
d. Procedural aspects
In addition to the rights and obligations defined by CEN and CENELEC, a European Societal
Stakeholder Organisation shall be recognised by the European Commission as meeting the
criteria defined in Annex III to the Regulation on European Standardisation.
END.