Not quite European standards

The content of European standards is identical in all Member States of the EU. Means exist however for standards to be adapted nationally in order to address the particular circumstances of individual countries or to take account of contradictions with national legislation. Different instruments may be used for this purpose according to the situation (CEN/CENELEC Internal Regulations Part 2, Standardization Work (2022) (pdf); Part 3, Structure and drafting of standards (2019) (pdf)).

The New Approach legislation of the European Single Market demands a uniform safety level for products and must be transposed unchanged into national law by the Member States. Harmonized European standards provide manufacturers with a "cookbook" that they can use to meet the requirements that are set out in abstract terms in EU directives and regulations. The standards must also be adopted unchanged in the body of standards of each CEN/CENELEC member. This mechanism assures that products can be traded freely within Europe.

Besides the Single Market directives governing the placing of products on the market, further EU directives exist with an approach that does not demand the same level of harmonization. The directives governing occupational safety and health, for example, set out a common minimum level but permit the individual Member States to enact more far-reaching provisions.

A-deviations

Provisions of standards may conflict in practice with the national legislation of individual countries. This may occur for example in the following cases:

• When standards are developed in an area that is not subject to full harmonization, such as the safety and health of workers at work
• When standards developed under Single Market directives address additional aspects that lie outside the area subject to full harmonization (such as standards for services that also address the associated aspects of qualifications and occupational safety and health that are governed by the respective national legislation)

Conflicts with national legislation may become apparent as early as the proposal stage for a new work item for a European standard. During the standards development process proper, the content of the standard can be influenced at the stages of proposal, development and public enquiry. Participation at an early stage can prevent adverse consequences. It is essential that the responsible Technical Committee be informed at the earliest possible point in time.

Should, despite all efforts, the standard still contain contradictions, application can be made to the Technical Committee for an A-deviation. A-deviations apply solely to cases of contradictions with national legislation, and not to contradictions with the body of subordinate technical regulations. The reasons for the deviation must be set out in detail (Checklist for Action – A-deviations (pdf)). An A-deviation is published in an informative annex in all national versions of the standard. It is normative for the country concerned. Attention should be drawn to the A-deviation in the foreword.

Further instruments

Special national conditions can consider national characteristics and practices that cannot change, even in the longer term (such as climatic conditions or conditions for electrical earthing). The conditions are described in a normative annex which, however, applies only to the affected countries and is purely informative for all other countries. Special national conditions do not constitute deviations, and do not therefore call full harmonization into question.

The following elements are published only in the respective national version of the standard:

National foreword: This can be used to draw attention to national regulations that must be applied in addition to the standard, and to changes from preceding documents. In Germany, DIN ensures that the national foreword is agreed with KAN should the standard affect occupational safety and health and conflict with the national body of rules and regulations (Refer to the policy paper on the role of standardization in the safety and health of workers at work (pdf)).

National annexes: These frequently contain information facilitating application of the standard, such as literature references to other standards. They may also constitute a normative component, with further explanations, possibly comprehensive. National annexes must not change any provisions of the standard itself.

National footnotes: These make reference at the relevant point in the text to A-deviations and special national conditions that are to be observed, or contain other supplementary information. They must not contain requirements.

Dr. Dirk Bartnik