S.L. 419.6 Art. 14Publication shall be postponed.

(1) The competent authority shall postpone the publication of the draft technical regulation by three months from the date of receipt by the Commission of the Communication referred to in regulation 11(6).

(2) Such period shall be reckoned to start running from the day following the day on which the Commission receives from the Authority the communication in terms of regulation 11(6).

(3) The competent authority shall postpone:

(a) for four months the adoption of a draft technical regulation in the form of a voluntary agreement within the meaning of the explanation of the de facto technical regulations in regulation 2;

(b) without prejudice to subregulations (7), (8) and (9), for six months the adoption of any other draft technical regulation (except for draft rules on services), to be reckoned from the date of receipt by the Commission of the communication referred to in regulation 11(6) if the Commission or another Member State delivers a detailed opinion within three months of such date of receipt of communication by the Commission, to the effect that the measures envisaged may create obstacles to the free movement of goods within the internal market;

(c) without prejudice to subregulations (8) and (9), for four months the adoption of any draft rule on services, from the date of receipt by the Commission of the communication referred to regulation 11(6) if the Commission or another Member State delivers a detailed opinion, within three months of such communication, to the effect that the measure envisaged may create obstacles to the free movement of services or to the freedom of establishment of service operators within the internal market.

(4) With regard to draft rules on services, detailed opinions from the Commission or Member State shall not affect any cultural policy measures, in particular in the audiovisual sphere, which might be adopted in accordance with Community law, taking account of their linguistic diversity, their specific national and regional characteristics and their cultural heritage.

(5) The competent authority concerned shall communicate to the Authority the action it proposes to take on such detailed opinions.

(6) With respect to rules on services, however, the competent authority concerned shall communicate to the Authority, where appropriate, the reasons why the detailed opinions cannot be taken into account.

(7) The provisions of regulation 11(6) shall apply to the communications listed in subregulations (4) and (5).

(8) With the exclusion of draft rules relating to services, the competent authority shall postpone the publication of a draft technical regulation for twelve months from the date of receipt by the Commission of the communication referred to in regulation 11(6), if within three months of the receipt by the Commission of the communication by the Authority in terms of regulation 11(6), the Commission announced its intention of proposing or adopting a directive, regulation or decision on the matter in accordance with Article 189 of the Treaty.

(9) The competent authority shall postpone the publication of a draft technical regulation for twelve months from the date of receipt by the Commission of the communication referred to in regulation 11(6), if, within the three months following that date, the Commission announces its findings that the draft technical regulation concerns a matter which is covered by proposal for a directive, regulation or decision presented to the Council in accordance with Article 189 of the Treaty.

(10) If the Council adopts a common position during the standstill period referred to in subregulations (8) and (9), the period shall, subject to subregulation (11), be extended to eighteen months.

(11) The obligations referred to in subregulations (7), (8) and (9) shall lapse:

(a) when the Authority is informed by the Commission that the latter no longer intends to propose or adopt a binding Community act;

(b) when the Authority is informed by the Commission of the withdrawal of its draft or proposal;

(c) when the Commission or the Council has adopted a binding Community act.

(12) The provisions of this regulation shall not apply in cases where:

(a) for urgent reasons, occasioned by serious and unforeseeable circumstances relating to the protection of public health or safety, the protection of animals or the preservation of plants, and for rules on services, also for public policy, notably the protection of minors, a Member State is obliged to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible;

(b) for urgent reasons occasioned by serious circumstances relating to the protection of the security and the integrity of the financial system, notably the protection of depositors, investors and insured persons, the competent authority is obliged to enact and implement rules on financial services immediately.

(13) In the communication mentioned in regulation 11(1), the competent authority shall give reasons for the urgency of the measures taken, which reasons shall be communicated to the Commission under the provisions of regulation 11(6).

(14) The Commission shall give its views on the communication as soon as possible and it shall be incumbent on the Authority to forward this communication as soon as it is received by it.