What are the Legal References?
The procedure was set up in 1983 through Council Directive 83/189/EEC and has been amended principally by the Council Directive 88/182/EEC and by European Parliament and Council Directive 94/10/EC.
This procedure has since been codified by directive 98/34/EC of 22nd June 1998 and modified by Directive 98/48/EC of 20th July 1998, mainly to extend its application. It now covers all agricultural and industrial products and, as of the 5th of August 1999 , it will also cover rules on Information Society Services (unofficial consolidated version of the Directives 98/34/EC and 98/48/EC).
One very important judgement of the Court of Justice relates to the interpretation of the 83/189 procedure. It is called CIA-Security and dates from 30th April 1996. It confirms a position which the Commission long since held, namely the fact that a national provision which was not notified according to the 83/189 procedure (now 98/34 procedure) while it should have been, cannot be held applicable to individuals.