92002E2848

WRITTEN QUESTION P-2848/02

by María Valenciano Martínez-Orozco (PSE) to the Commission

(4 October 2002)

Subject: State of play with regard to infringement procedure 2000/4879

The letter of formal notice (Article 226) relates to Decree 341/1999 of the Community of Madrid approving the fire prevention regulations for the Community of Madrid.

Will the Commission say what the current state of play is with regard to the aforementioned procedure?

Will it say whether it has received a reply of any kind from the Community of Madrid, as requested?

What specific measures does it intend to take to resolve this case in order to ensure compliance with Community legislation?

Answer given by Mr Liikanen on behalf of the Commission

(23 October 2002)

The Commission is able to inform the Honourable Member that, in response to the letter of formal notice addressed to them under Article 226 of the EC Treaty, the Spanish authorities, in accordance with the notification procedure introduced by Directive 98/34/EC(1), gave notice on 26 July 2002 of a new draft providing for the repeal of Decree 341/1999 approving the fire prevention regulations for the Community of Madrid.

The three-month standstill period laid down by Directive 98/34/EC ends on 28 October 2002. The purpose of this standstill period is to give other Member States and the Commission the opportunity to examine whether the draft in question is compatible with Community law; interested parties can submit their positions on the document during this period. If the Commission or some Member States feel that the text contains aspects which may create obstacles to the free movement of goods and are incompatible with the rules of the EC Treaty or with Directive 89/106/EEC(2), they are entitled to deliver a detailed opinion asking Spain to adapt the provisions in question to Community law. Spain is obliged to respond to this detailed opinion.

The Commission will make sure that the notification procedure runs smoothly and that the Spanish authorities adopt the text, amended if needs be, in order to ensure compliance with Community law.

(1) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations OJ L 204, 21.7.1998.

(2) Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products OJ L 40, 11.2.1989.