KAN involved in consultation on the EU Standardisation Regulation

On 2 May 2024, the European Commission published a public consultation concerning evaluation of the Standardisation Regulation (EU) 1025/2012.
In its comment, KAN drew attention to a number of important points from the perspective of the occupational safety and health lobby.

The Standardisation Regulation is a cornerstone of the European standardization system. It sets out the legal framework for the development of harmonized standards in the European Union. As the European Commission had already announced in the EU Standardisation Strategy 2022, the Standardisation Regulation was to be reassessed and reviewed to determine whether it is still fit for purpose after having been applied for over ten years, or whether adjustments are necessary in the light of developments in the standardization environment at national, European and global level. In a public consultation, the Commission therefore invited market players and stakeholders to comment by means of a questionnaire on various aspects of the European standardization system, such as its achievements, efficiency and added value, and also its shortcomings.

KAN provided comprehensive feedback in this consultation. In KAN’s view, the European standardization system is a decisive factor for the Single Market’s success. The principles enshrined in it, such as transparency, broad participation of all relevant stakeholders and the creation of standards by consensus, are indispensable. Despite these principles resulting in standards development being a protracted process, KAN advocates for their being maintained and developed further.

Reducing delays during the checking and listing process

Where standards are developed by the standards organizations in response to a European Commission mandate, the pressure to bring this development to a close within the specified time frame has become greater. The European Commission has an interest in standardization work delivering swift results. Although it is in principle desirable for standardization projects not to drag on excessively, KAN points out in its statement that further time pressure is not in the interests of high-quality results.

First of all, a fundamental distinction should be drawn between the time frame provided for the development of technical content in the standards committees, and that for review of harmonized standards and their listing in the EU Official Journal.

In technical standardization activity, sufficient time must be allowed for the necessary process steps, to enable all relevant stakeholders to participate effectively and a consensus to be reached. If they are to be of high quality and deliver benefits for society, science and the state, standards must be based on the broad expertise of many different stakeholders.

The European Commission introduced the system of Harmonised Standards (HAS) Consultants in order to have standards checked for their compliance with EU directives and regulations before being listed in the EU Official Journal. KAN supports this system; however, it also causes delays in the standardization process as a whole. The system, which is dependent on the availability of sufficient resources, is perceived as lacking efficiency. High formal requirements often require subsequent correction cycles, thereby slowing the process down further. KAN’s view is that the causes of these time losses must first be eliminated before the remaining steps in the standardization process are accelerated. Standards that have been assessed favourably by the HAS Consultant should be listed in the Official Journal of the EU at the earliest opportunity.

Swift processes and balanced participation

KAN opposes the setting of even tighter deadlines in the standards development process. A balance must be struck between a structured time frame and assurance of the standardization principles. This particularly applies to the goal of ensuring reasonable participation by all relevant stakeholders. In this context, KAN points out that participation by the stakeholders in occupational safety and health must be increased further. To enable stakeholders to participate effectively in standards development, existing barriers should be eliminated and opportunities created for participation at no cost.

Adequate human and financial resources are an important factor for societal stakeholders. Small and medium-sized enterprises (SMEs) and societal stakeholders such as consumers, trade unions and the environment lobby have gained influence in the standardization process owing to the support they enjoy through Annex III of Regulation (EU) No 1025/2012. KAN also points out, however, that the Annex III organizations are limited in their ability to participate in the numerous meetings of working groups potentially relevant to them. Furthermore, some segments of civil society affected by the content of standards, such as that of employers/operators, are not covered by these groups.

Following the consultation’s conclusion at the end of July, the European Commission is now reviewing the comments received, over 220 in number. For the event that the Commission sees a need to amend the regulation, plans are for it to submit a corresponding legislative proposal to the Parliament and the Council in the fourth quarter of 2024.

Ronja Heydecke
heydecke@kan.de