Europa - Enterprise - Presentation by EuropeanUnion


									       Conference celebrating the 20th anniversary of the New Approach
                        30 November 2005, Brussels

                     Welcoming Speech of Heinz Zourek
                 Director-General, DG Enterprise and Industry

Ladies and Gentlemen:

I would like to extend a warm welcome to you all to this Conference. As you
know, we are celebrating 20 years of a regulatory technique which was
revolutionary for Europe and the world: The approach to technical
harmonization and standards or, as we usually refer to it in our jargon: The New

You have come from all over Europe today to participate in this celebration and
I am pleased to see such an important turnout. Amongst you there are experts,
practitioners, civil servants, representatives of industry, local authorities and
consumer groups. Your background and your level of knowledge in this field
varies to such a degree, that I think it useful to say a few words about where we
have come from and where we stand today.

What is this “thing” we refer to as the New Approach? People use different
terms: a regulatory technique, a policy, a strategy, or a new philosophy in
product legislation.

I would say the New Approach is all these things at the same time, but basically,
it remains a regulatory technique - whereby product legislation is restricted to
the requirements necessary to protect the public goals of health and safety - at
the service of our strategy to complete the internal market and implement the
Lisbon objective of better regulation.

The New Approach is also an important industrial policy instrument as it
provides for the essential requirements to be combined with technical
specifications agreed by stakeholders and experts in the field, usually
harmonised European standards. When a product is produced according to
harmonised standards, it is presumed to be in conformity with the legislation and
in most cases carries the CE marking.

Why was the New Approach introduced? Because the traditional method for
harmonizing product legislation was extremely slow. One can imagine how
difficult and time consuming it is to negotiate in the Council, with 12 Member
States (now 25), many many pages of detailed technical legislative text, in such
technical detail that it could lead to describing the dimensions and tolerances of
nuts and bolts. Even worse, after a few years of coming to an agreement, the
legislation has to updated and revised because the technology has become

The European Court of Justice, unknowingly, produced the first spark that led to
the development of the New Approach, in its now world wide famous decision
in the Cassis de Dijon case. But I shall leave it to Paolo Cecchini to explain in
more detail the labour pains.

The New Approach provided a great amount of flexibility in the legislative
process by allowing the harmonization of only the essential requirements. It also
helped innovation by leaving the definition of technical requirements to the
economic actors - a much more rapid process - and by reducing considerably the
burden of control by public authorities prior to a product being placed on the
market. Most of all, the New Approach was instrumental in contributing
enormously to the completion of the 1992 Single Market programme, because it
led to unblocking the harmonisation negotiations for many sectors.

Hence from pressure vessels, through the electrotechnical and mechanical
products, medical devices, construction products, pressure equipment and
measuring instruments, the EU legislation has shown its capacity to adapt itself
to the variety of industrial sectors involved

So, we believe that the New Approach has been a success. However, two
decades of operation has revealed a number of areas where there is room for
improvement. The Commission launched a discussion on a possible Review of
the New Approach in 2002. The process has resulted in a Council Resolution of
November 2003 inviting the Commission to take initiatives for Enhancing the
Implementation of New Approach Directives. A lot of preparatory work has
been carried out in 2004 and 2005, with the aim of increasing the effectiveness
of the system, to improve its transparency, as well as its smoother functioning,
for the benefit of all involved – manufacturers, conformity assessment bodies,
authorities and, above all, consumers and users.

The results of this work have been distributed as widely as possible, to reach all
stakeholders throughout the European Union. We are now nearing the end of
this consultation process and intend to present Commission proposals in 2006.

I should stress at this point that this review is also an integral part of the Better
Regulation process. The needs of small and medium size enterprises for a simple
and transparent legal framework are particularly important in this respect and
are being catered for. Furthermore, the EU needs to be in a position to ensure a
high level of homogeneity amongst the various New Approach directives as
many economic operators fall under several of them at the same time.

A high quality, efficient system is the goal. The benefits are obvious – better
products in terms of safety, at a lesser cost, will make them even more

 The objective of this Conference is multiple. Firstly we want everyone to share
the results of successes and experiences. We do not want this to be a self
glorifying exercise. The Commission is to present proposals for updating and
completing the New Approach. With this in mind, it is clear that from our point
of view it is extremely important to listen to the stakeholders to evaluate
properly what has worked satisfactorily, what has not functioned and what is

Our speakers today will have the daunting task of helping us to reach those
objectives and shed some light on the different aspects of the New Approach

Our keynote speakers include distinguished policy-makers in Europe:
  • Mr Chichester, chairman of the European Parliament’s Industry,
      Research and Energy Committee responsible for the New Approach,
  • Mr Gardiner, Minister for Competitiveness, in the UK and member of the
      Competitiveness Council
  • Mr Eriksen, Minister of Trade and Industry of Norway, representing the
      EFTA interests today.

We have also invited representatives from different stakeholders in the New
Approach area of activity, as you can see from the programme. And at the end
of the day our Vice-President, Commissioner Günter Verheugen will deliver the
closing speech, giving you some insight on what the review of the New
Approach could entail in the opinion of the Commission, as at present.

I would like to finish off by saying that we view the New Approach as an
example of simple business-friendly legislation, which at the same time ensures
a high level of protection to consumers. In this sense, it should inspire other
areas to apply its principles: other product sectors, but also in the area of
environmental legislation or services. We are obviously aware that in some of
these fields there is a degree of apprehension and doubts relating to the proper
implementation of this legislation and to the effective level of protection that it
actually provides. It is clear that there are weaknesses, in particular, in the area
of market surveillance. This conference will give us precious input on these
weaknesses so that we can reinforce them and thus be in a better position to
convince the sceptics that the New Approach is effective and can be widely used
as a reference.

We should all take pride in our open and democratic society, where passing laws
always includes a public debate. In this respect, we are all involved, one way or
the other, in the legislative process. Therefore I ask you, whenever you are faced
with draft legislation in any area, think yourself as being in the dark. And then
you may remember to use the NEW APPROACH TORCH, our commemorative
gift to you today. It will help you see the legislation in a new light.

Again, welcome and I hope you enjoy this conference.

The first speaker I call upon to launch our debates today is Mr. Chichester
Member of the European Parliament who…….

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