1. Scope
2. Policy guidance
3. Process guidance
4. Examples of informative annexes listing A-deviations
5. Supporting tools
1. Scope
An essential objective of the CEN System is to obtain harmonization of national standards at European level. This harmonization is considered to be achieved when products or services in compliance with the national standards of one member can be regarded, without modifications, as complying with the national standards of the other members and vice versa.
The most effective way to reach this objective is to develop a European Standard (EN). Indeed, each CEN National Member has the obligation to implement the EN by giving it the status of a national standard and withdrawing any conflicting national standard(s).
However, the CEN rules foresee the case where a CEN member is confronted with a situation where it has to implement an EN that is not compliant with the legislation of its country. It is then the full right of this CEN member, and this right cannot be denied, to ask for a derogation from the mandatory implementation. This derogation is exercised through the application of an A-deviation.
This document gives guidance to the CEN technical bodies as well as to the CEN-CENELEC Management Centre (CCMC) on how to handle requests for A-deviations in ENs, keeping in mind that A-deviations should be considered as exceptional.
2. Policy guidance
2.1 When it is impossible to avoid A-deviations, all relevant information concerning them (clear identification of the national regulations concerned and of the clauses of the standard in conflict with these regulations) is laid down in an informative annex of the EN (see examples in Clause 4).
2.2 A-deviations are only based on conflicting national regulations. They are out of the competence of National Standards Bodies (NSB) in charge of implementing the ENs as national standards. It is the reason why only the NSBs concerned by these conflicting national regulations, can ask for an A-deviation. An A-deviation is not a privilege granted to a CEN member; it reflects a national problem with national regulations.
2.3 The exceptional aspect of the A-deviation should be taken into account as soon as possible, normally when a member of the CEN System proposes new work and/or when a CEN technical body drafts an EN.
Attention should be paid in particular to those cases where the national regulations in question are in conflict with an EC Directive:
- in case the EC Directive is a New Approach Directive and the transitional period has not yet ended, A-deviations due to a conflicting national regulation can be asked for and remain valid until the end of the transitional period;
- in case the EC Directive is a New Approach Directive and the transitional period (if any) has ended, or if the directive is not of "optional" nature, NO conflicting national legislation is allowed in EU (EEA) countries. If it is the case, the European Commission (EC) has to solve the problem.
NOTE The implementation of an EC Directive remains within the responsibility of the EC.
2.4 CEN cannot go against national legislations even if they are wrong and not correct. Moreover, when ENs are produced in fields that are not covered by a directive, A-deviations remain valid until the adjustment of the related national legislation.
3. Process guidance
3.1 Risks of conflicts between national regulations and a future EN should be identified as soon as a new subject of work is proposed.
Either the EN is developed through the submission of an available Reference Document (e.g. an ISO standard) to an adoption procedure, or a draft is prepared by a technical body:
- in the first case, during the Primary Questionnaire (PQ) / Updating Questionnaire (UQ) procedure, the CEN National Members should include in their replies any request for an A-deviation;
- in the second case, after the allocation of the preparation of the draft to a technical body, CEN National Members should inform the relevant technical body of their need to request an A-deviation as soon as the drafting starts and at the latest during the CEN Enquiry.
An early notification can allow the technical body to adapt its draft in order to avoid the requested A-deviation.
3.2 The request of a possible A-deviation should be done either via the reply to the PQ/UQ procedure or the Enquiry or, preferably, at an earlier stage through a letter or e-mail to the responsible TC Secretary.
It should contain:
- a critical examination of the national situation in regard of the legal requirements of their national regulations;
- a copy of the relevant part(s) of the national regulation;
- the work item(s) affected by this request;
- the clauses of the draft(s) concerned by this A-deviation.
3.3 Any technical body, when receiving such a request, should:
- try to avoid the A-deviation (e.g. by adapting the draft);
- verify (preferably by its Secretariat) whether or not the regulation is relevant;
NOTE 'Relevant' means: is there actually a contradiction between (a) requirement(s) in the national regulation and (a) requirement(s) in the (pr)EN.
- in case the regulation is considered irrelevant, inform the notifying member about it;
- when the regulation is relevant:
- document the result of the verification by a Technical Committee (TC) resolution (see formatted resolution in Clause 5.3);
- draw the attention of the standards users, in the foreword of the EN, to the existence of national regulations for the concerned product or service;
- list the countries having such an A-deviation, all relevant information concerning them (clear identification of the national regulations concerned and of the clauses of the standard in conflict with these regulations), in an informative annex to the EN – see examples in Clause 4;
- finalize the draft and send it via E-Trans to CCMC in order to start the Enquiry or Formal Vote procedure.
4. Examples of informative annexes listing A-deviations
5. Supporting tools
5.1 Reference documents
5.2 Checklist for action (for both the TC or Technical Body and CCMC)
5.3 Formatted resolution(s)