51997AC0099

Opinion of the Economic and Social Committee on the 'Communication from the Commission to the Council and the European Parliament on standardization and the global information society: the European approach` (97/C 89/05)

On 2 August 1996 the Commission decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the above-mentioned communication.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 January 1997. The rapporteur was Mr Mobbs.

At its 342nd Plenary Session (meeting of 29 January 1997) the Economic and Social Committee adopted the following opinion by 82 votes to one, with one abstention.

1. Introduction

1.1. Much of the global and European information and communications technologies (ICT) industry is becoming increasingly characterized by shorter product cycles. Technologies are being introduced and replaced on ever shorter timescales. The value of European standards is now being challenged as their development times are perceived to be too long to meet current practices. However in other areas, such as the development of basic telecommunications infrastructures, technical specifications need to have long term stability and will constitute a guarantee that will allow users confidently to make the large investments that are necessary.

1.2. The communication makes clear that standardization is a voluntary process and reflects the dynamics of the market. In this context and for the purposes of this opinion, the following terms are to be understood as:

- 'Specification` (technical specification) means set of requirements for characteristics of a product, process or service;

- 'Formal standard` means specification based on consensus, approved by a recognized standards body, with which compliance is not compulsory;

- 'De facto standard` means a specification recognized in the market place, typically through the widespread acceptance of the products of a dominant manufacturer;

- 'Publicly Available Specifications (PAS)` means a de facto standard the use of which is not restricted by proprietary intellectual property rights;

- 'Regulation` (technical regulation) means a document providing binding legislative rules.

1.3. Standards are not only a technical matter. They determine the technology that will implement the information society and affect all those involved. It is evident that the ICT market is dominated by specifications from the USA. However most are open in nature, and there is no restriction on their use by European enterprises.

1.4. Those who set the standards have a competitive advantage since they can bring their products earlier to the market. If European enterprises are to be world class, they must either be leaders in the market and set standards themselves or at least co-operate with those who do. The GSM mobile telephony standard which has led to European leadership in many parts of the world is a good example. It demonstrates the power of open and jointly accepted standards on the European level.

1.5. The aim of the Communication is to examine how, in the light of the characteristics of the ICT market and the ICT standards process, the best possible conditions can be created for the drawing up of standards needed for the implementation of the Information Society, and to indicate by what means the Community intends to promote those aspects for which it has a particular responsibility.

1.6. In reviewing the role of standardization in ICT, the communication identifies the major questions to be addressed:

- Will the necessary and sufficient standards be available?

- Will they cause fragmentation or help convergence in markets?

- Will they confirm or create dominant positions, or de facto monopolies in ICT?

- Will they enable users to take full advantage of the telecommunications liberalization that will take place in 1998?

- What changes are necessary to the scope and procedures of formal standardization?

- How is it possible through standardization to enable European citizens and enterprises to take full advantage of the possibilities offered by the global information society?

2. General comments

2.1. The Committee recognizes that this is a complex technical subject but hopes nevertheless that future Communications in this field can be presented in a simpler, clearer language.

2.2. The Committee welcomes the Commission's Communication which reflects a carefully considered view of the competitive environment, the global integration of ICT standardization and in addition the specific role of the Community in protecting the public interest and in particular consumer interests. It is timely that the central role of de facto standards in the real life of the markets has been acknowledged.

2.3. Against this background, the Committee welcomes the nine conclusions set out by the Commission. In particular it looks forward to Community sponsorship of appropriate, RTD and demonstration projects in support of the development and implementation of user-friendly technical specifications and standards at the European and international levels.

3. Specific comments

3.1. The role of standardization in the ICT market

The Commission is right to emphasize the critical importance of interoperability for users of ICT products and services in general and of telecommunications networks in particular.

3.2. Standards in a competitive environment

3.2.1. In paragraph 5 the Commission correctly emphasises the need for European market players to participate effectively in the international fora that define strategies for ICT standardization at world level and the importance of moves to provide greater transparency and coherence in this activity.

3.2.2. In formal standardization, the Committee recognizes the importance of the collective endeavours of the European national standards bodies in working purposefully in the activities of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC), and of the effective collaboration of the Member States in the International Telecommunications Union (ITU).

3.2.3. At European level, the efforts of the European Committee for Standardization (CEN), European Committee for Electrotechnical Standardization (Cenelec) and European Telecommunications Standards Institute (ETSI) should reinforce rather than duplicate global standardization activities and ensure that international standards are implemented uniformly throughout the European Economic Area.

3.2.4. Paragraph 6 of the Communication draws attention to the safeguards of Community competition law with regard to the application of de facto standards and PAS and explains that principles of transparency and non-discrimination must be accepted if PAS are to be adopted as, or treated as equivalent to, formal standards. As paragraph 8 makes clear, the particular legitimacy of formal standards which allows national and Community law to have recourse to them stems from the fact that consensus is sought and expressed through a public enquiry and a vote organized at national level.

3.2.5. Paragraph 8 also refers to the role of the European standards organizations in maintaining a cohesive system of European standards. This role has two limitations. First, as the Commission has already acknowledged, the systematic cohesion of standardization is assured primarily through the cooperation at ISO/IEC/ITU level. Second, the European standards organizations cannot control the emergence in the market place of specifications outside the formal standards system.

3.2.6. The Committee welcomes the current initiatives by European standards organizations to explore with the Commission ways in which their involvement could introduce some coherence through an agreed form of acknowledgement of PAS as European specifications complementing formal standards or necessarily preceding their adoption.

3.2.7. Paragraph 11 recognizes that voluntary standardization should facilitate competition rather than dictate the application of one technology to the exclusion of another. Whilst rules of formal standardization may make it obligatory that no conflicting solutions be offered in standards for the same product or technology, the nature of the market place cannot preclude the emergence, as de facto standards, of competing solutions - a situation which in some circumstances may be regarded as unfortunate.

3.2.8. In paragraph 13, the Commission recognizes the importance of achieving active user representation in the CEN/Cenelec/ETSI ICT Standards Board. The Committee considers that Commission initiatives are essential to promote the awareness and facilitate the involvement, where appropriate, of consumer, worker and SME interest groups in the work of consortia developing specifications outside the formal standards system.

3.3. European standardization policy for building the global information society

3.3.1. The Committee accepts the importance of Directive 83/189/EEC in ensuring notification and scrutiny of proposed actions by Member States. It also recognizes that a Community approach to the promotion of standardization through targeted RTD and demonstration and trial projects is indispensable to the implementation of the Information Society and welcomes the measures elaborated in paragraphs 17 to 20 of the Communication in seeking to satisfy the user community.

3.3.2. Paragraphs 18 and 22 correctly identify decoders as one example where effective standardization should receive official support in order to ensure that the user requirement for a single 'set top box` is accepted by competing suppliers of electronically delivered services.

3.3.3. The Committee agrees with the thrust of paragraph 20 that the role and importance of ICT technical specifications and standards needs to be communicated not only to industrial management, from the point of view of competitiveness, but also to the generality of users and, in particular, consumer and worker interests.

3.3.4. The involvement of SMEs in RTD and demonstration projects linked to standardization and related testing and certification procedures is of vital importance for them to reap the competitive benefits of the global information society.

3.4. The position of publicly available specifications in Community law

3.4.1. The Committee shares the conclusion of the Commission that within the scope of the New Approach Directives, recognition of PAS could be relevant only for the specific purposes of the Telecommunications Terminal Equipment Directive relating to public authority purchasing. It would be consistent with the proposal accordingly to amend this Directive (referred to at the end of paragraph 30 of the Communication) for the Community to consider the role of the PAS in its next review of the wider range of procurement directives covering public supplies, public works, public services and the utilities. (The Committee has now been asked to give an opinion on the Commission's Green Paper on Public Procurement in the European Union - Exploring the Way Forward (COM(96) 583 final).)

3.4.2. With regard to paragraph 32, the Committee agrees that the Member States should have a European-wide mechanism to identify specifications for common application in public procurement in those cases where formal standardization does not offer appropriate solutions. The Committee notes that the Directive 83/189 Standing Committee may provide such a mechanism.

3.4.3. Proposed extensions to separate regulatory control aspects of Directive 83/189, with regard to information society services, are meanwhile subject to a separate Committee opinion.

Brussels, 29 January 1997.

The President of the Economic and Social Committee

Tom JENKINS