How Luxembourg complies with European standards
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Luxembourg's Minister of Economy, SMEs, Energy and Tourism, Lex Delles, in his response to a parliamentary enquiry by MP Sven Clement on 19 December 2024, stressed the importance of complying with European procedures for the notification of technical regulations. These procedures are necessary to ensure the unity of the internal market of the European Union.
What is notification of technical regulations?
Under EU Directive 2015/1535, Member States are required to notify the European Commission of the intention to introduce new technical rules. This includes:
- product characteristics (quality, safety, packaging, labelling);
- regulations relating to e-services.
In Luxembourg, the Institute for Standardisation, Accreditation, Safety and Quality (ILNAS) is responsible for the notification process through the TRIS (Technical Regulation Information System).
Each draft legislative act containing technical regulations is checked for compliance with the notification requirements. If such provisions are identified, ILNAS notifies the European Commission. Once an application is submitted, a three-month "standstill" period begins, during which the draft cannot be adopted. This allows the EU and other Member States to provide comments or suggestions.
Violation of notification procedures can lead to serious consequences. The European Court of Justice has repeatedly recognised the invalidity of national rules adopted without notifying the EU. This threatens the legal stability of national markets and may hinder the harmonisation of rules within the EU.
Compliance with notification procedures is important for Luxembourg as an EU member with an open economy dependent on international markets. Minister Delles emphasised that all draft legislation is pre-screened for compliance with notification requirements in order to avoid potential legal disputes and protect the country's economic interests.
