Standard EN 12566-3 for sewage treatment systems

20.12.2011

Question for written answer E-012567/2011
to the Commission
Rule 117
Sir Graham Watson (ALDE)

Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products provides that the European Committee on Standardisation (CEN) may create pan-European standards for construction products (Article 4). When such standards are adopted, Member States may not impede the free movement or marketing of goods (Article 6).

Subsequent to this, Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services was introduced. The new directive overlaps with Directive 89/106/EEC. While the new directive in part reinforces the earlier legislation stating that the introduction of standards by Member States should not prejudice harmonisation, Article 7(2) thereof provides for Member State public authorities drawing up their own technical regulations. This can be for reasons such as environmental and public health concerns.

I note the Commission’s answer to Question P‑000204/2011, on the transposition of standard EN 12566-3 for sewage treatment, in which the Commission states that there may be specific reasons — e.g. for the protection of a small lake — why the treatment efficiency requested by authorities may be higher than the performance declared by a manufacturer for his product in line with the standard.

1. Can the Commission confirm whether this is because of the provisions contained in Article 7(2) of Directive 98/34/EC?

2. Can the Commission confirm that, where a product is compliant with a national standard 12566-3, a Member State cannot request additional testing that duplicates these measures, and that further testing can only cover those points which go beyond this European standard under Directive 98/34/EC?

OJ C 285 E, 21/09/2012