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C 267/2 EN Official Journal of the European Communities 26.8.

98

Information procedure — technical regulations

(98/C 267/02)
(Text with EEA relevance)

—ÙDirective 83/189/EEC of 28 March 1983 laying down a procedure for the provision of
information in the field of technical standards and regulations
(OJ L 109, 26.4.1983, p. 8).
—ÙDirective 88/182/EEC of 22 March 1988 amending Directive 83/189/EEC
(OJ L 81, 26.3.1988, p. 75).
—ÙDirective 94/10/EC of the European Parliament and the Council of 23 March 1994
materially amending for the second time Directive 83/189/EEC
(OJ L 100, 19.4.1994, p. 30).
Notifications of draft national technical regulations received by the Commission.

ReferenceØ(Î) Title EcheanceØ(Ï)

98/320/A Act amending the Act concerning the positioning, condition, establishment and running 30.10.1998
and event sites (Viennese Act on Event Sites) (1998 revision of the Act on Event Sites)

98/321/D Fourth order amending the maximum residue quantities Order (German designation: 26.10.1998
RHmV)

98/322/D Approval regulation Reg TP 321 ZV 042 for point-to-multipoint digital radio relay 26.10.1998
devices in use in the fixed radio service in the 3.5 GHz range with a variety of access
modes (FDMA, TDMA and DS-CDMA)

98/331/D Ecological recommendations for publicly assisted house-building in Lower Saxony 26.10.1998
(circular of the Lower Saxony Ministry of Social Affairs)

98/333/E Draft technical legislation on Community telecommunications infrastructures inside 26.10.1998
buildings

98/327/E Draft Order establishing the State metrological control of instruments for measuring 28.10.1998
opacity and determining the luminous absorption coefficient of exhaust gases from
compression ignition (diesel) engines

98/334/I Provisions concerning the direct sale to the public of medical devices falling within the 26.10.1998
professional competence of optician’s assistants

98/335/UK The non-automatic weighing instruments (EC requirements) (Amendment) Regulations 26.10.1998
1998

98/336/B New communication replacing Notification 96/253/B — Bill concerning product 27.10.1998
standards to promote sustainable production and consumption patterns and to protect the
environment and public health

98/340/NL Regulation amending the 1997 Regulation on the overland transport of dangerous 28.10.1998
substances (VLG (Dutch designation))

98/341/NL Draft Decree on rules for the sale, delivery and boarding of cats and dogs within the 28.10.1998
context of a business (Cats and Dogs Decree 19.Ø.)

98/342/NL Draft regulation amending the Construction Decree Regulation on New Buildings 1998 28.10.1998
(soundproofing of structures against night-time air traffic)

(Î)ÙYear — registration number — Member State of origin.
(Ï)ÙPeriod during which the draft may not be adopted.
(Ð)ÙNo standstill period since the Commission accepts the grounds of urgent adoption invoked by the notifying Member State.
(Ñ)ÙNo standstill period since the measure concerns technical specifications or other requirements linked to fiscal or financial measures, pursuant to the
third indent of the second paragraph of Article 1(9) of Directive 93/189/EEC.
(Ò)ÙInformation procedure closed.
26.8.98 EN Official Journal of the European Communities C 267/3

The Commission draws attention to the judgment given on 30 April 1996 in the ‘CIA Security’
case (C-194/94), in which the Court of Justice ruled that Articles 8 and 9 of Directive
83/189/EEC are to be interpreted as meaning that individuals may rely on them before the
national court which must decline to apply a national technical regulation which has not been
notified in accordance with the Directive.

This judgment confirms the Commission’s communication of 1 October 1986 (OJ C 245,
1.10.1986, p. 4).

Accordingly, breach of the obligation to notify renders the technical regulations concerned
inapplicable, so that they are unenforceable against individuals.

Information on these notifications can be obtained from the national administrations, a list of
which was published in Official Journal of the European Communities C 324 of 30 October
1996.

Authorisation for State aid pursuant to Articles 92 and 93 of the EC Treaty
Cases where the Commission raises no objections

(98/C 267/03)
(Text with EEA relevance)

Date of adoption: 29.7.1998 Date of adoption: 29.7.1998
Member State: Spain Member State: Spain
Aid No: N 387/98 Aid No: N 386/98
Title: Transport aid for the residents of the Canaries Title: Transport aid for the residents of the Balearic
Islands
Objective: Aid granted to island residents: a 33Ø%
reduction on the price of tickets for intra-archipelago Objective: Aid granted to island residents: a 33Ø%
flights reduction on the price of tickets for intra-archipelago
flights
Legal basis: Proyecto de Real Decreto
Budget: Forecast: ESP 3Ø500 million Legal basis: Proyecto de Real Decreto

Duration: Indefinite Budget: Forecast: ESP 800 million
Duration: Indefinite