CEN and CENELEC are European standardization organizations providing a platform for the development of European Standards and other consensus-based deliverables, with the objective of removing technical barriers to trade, promoting the European economy in the global market, and protecting the environment and the welfare of European citizens.
They are formally recognized by EU Regulation 1025/2012 on European Standardization as the "European standardization organizations", but recital 13 of the Regulation acknowledges that "European standardization organizations are subject to competition law to the extent that they can be considered to be an undertaking or an association of undertakings within the meaning of Article 101 and 102" of the Treaty on the Functioning of the European Union (TFEU).
This means that the members and stakeholders of CEN and CENELEC are not exempt from the provisions of competition law when participating in standards development and other CEN and CENELEC activities.
CEN and CENELEC have already developed detailed rules, procedures and guidance documents to ensure compliance with all relevant European and national laws, including competition aspects. This Guide therefore complements the existing rules, by listing some specific DO’s and DON’Ts to help ensure that all persons participating in CEN and CENELEC activities are complying with competition law. However, it does not attempt to describe every detail of European or national competition laws, nor can it cover all conceivable issues or circumstances that might arise. The list of DO’s and DON’Ts has been established in coordination with ISO and IEC and following some exchanges of information with ETSI.
If you have any doubt about the legality of any activity in which you are involved, or anything you observe, do not hesitate to contact your legal department and/or the Legal Affairs department of the CEN-CENELEC Management Centre (CCMC) at legal@cencenelec.eu.
PUBLISHED
CEN/CLC Guide 31:2015
60.60
Standard published
Dec 9, 2015
