HL Deb 08 May 2001 vol 625 cc150-1WA
The Earl of Northesk

asked Her Majesty's Government:

When, under the terms of Article 2 of Directive 98/48/EC, as an amendment to Directive 98/34/EC, Directive 98/48/EC was implemented in the United Kingdom; and when the European Commission was informed of this. [HL1690]

Lord Sainsbury of Turville

Directive 98/48/EC, amending Directive 98/34/EC, was implemented in the United Kingdom by means of an administrative circular on 30 July 1999 and the European Commission was informed on 4 August 1999.

The Earl of Northesk

asked Her Majesty's Government:

Under what circumstances a legislative measure, whatever its character, becomes notifiable to the European Community in accordance with the Technical Regulations Directives 98/24/EC and 98/ 48/EC. [HL1909]

Lord Sainsbury of Turville

Directive 98/34/EC as amended by Directive 98/48/EC (the Directive) is applicable, in broad terms, to proposed national measures relating to industrially manufactured products, agricultural products, or information society services. Notification of such proposed measures in draft is required if they will contain technical regulations, that is technical specifications, other requirements or rules on services (as defined by the Directive); and (a) observance of the relevant provisions is compulsory in the case of marketing, provision of an information society service, establishment of an information society service operator or use of the product or service in the whole or major part of a member state; or (b) they prohibit the manufacture, importation, marketing or use of a product, or prohibit the provision or use of an information society service or establishment as an information society service provider; unless exemptions specified in the Directive apply.

The Earl of Northesk

asked Her Majesty's Government:

What processes of scrutiny exist within government departments to ensure that proposed legislative measures, whatever their character, comply with the requirements of the Technical Regulations Directives 98/24/EC and 98/48/EC'. [HL1910]

Lord Sainsbury of Turville

It is the responsibility of the relevant government department, when proposing legislative measures, to consider whether notification to the European Commission under Directive 98/34/ EC, as amended by Directive 98/48/EC is required.