CEN and CENELEC are formally recognized by EU Regulation 1025/2012, 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 (TFEU)”.
This means that the members and stakeholders of CEN and CENELEC are not exempted from the provisions of competition law when participating in standards development and other CEN and CENELEC activities.
2 POLICY BACKGROUND
Article 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
3 PRACTICAL APPLICATION
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.
CEN-CENELEC Guide 31 “Competition law for participants in CEN-CENELEC activities” 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.
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 email@example.com.