§ Lord Skelmersdaleasked Her Majesty's Government:
Under what criteria and when they refer Bills to the European Commission under Directive 98/48 (No. L217 page 18 of 5 August 1998). [HL2887]
50WA
§ The Parliamentary Under-Secretary of State, Department of Trade and Industry (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.
When a Bill is notifiable it will, in accordance with the directive, be notified at a stage of preparation at which substantial amendments can still be made.