Internal Market Preventive Controls of National Technical Standards and eir Impact on Environmental Measures

in Journal for European Environmental & Planning Law
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Abstract

With a view to overcoming the shortcomings of “negative harmonisation”, the EU lawmaker has been adopting different directives requiring the Member States to notify to the Commission their draft regulations setting technical standards before their enactment. The aim of this article is to shed the light on two internal market preventive procedures: Directive 98/34 on the provision of information in the field of technical standards and regulation and Regulation 764/2008/EC relating to the application of certain national technical rules to products lawfully marketed in another Member State. In particular, the paper assesses the manner in which the directive and the regulation are likely to impinge on the enactment of national environmental measures.

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