In application of the principle “references to standards”, technical requirements are not included in technical regulations, they give reference to a standard that establishes those requirements.
In that manner:
- it simplifies and speeds up the legislative process;
- technological improvement does not require amendments to regulations, it only changes the standard;
- it facilitates the removal of barriers to trade;
- it facilitates the removal of barriers to trade;
- references to same, mutually agreed international standards eliminates differences between national technical regulations of different countries.
reference to standards (in regulations)
Reference to one or more standards in place of detailed provisions within a regulation
NOTE 1 A reference to standards is either dated, undated or general and at same time either exclusive or indicative.
NOTE 2 A reference to standards may be linked to a more general legal provision referring to the state of the art or acknowledged rules of technology. Such a provision may also stand alone.
(BAS EN 45020:2009 definition 11.1.)
Precision of reference
1. Dated reference (to standards)
Reference to standards that identifies one or more specific standards in such way that later revisions of the standard or standards are not to be applied unless the regulation is modified
NOTE The standard is usually identified by its number and either date or edition. The title may also be given.
(BAS EN 45020:2009 definition 11.2.1.)
2. Undated reference (to standards)
Reference to standards that identifies one or more specific standards in such a way that later revisions of the standard or standards are to be applied without the need to modify the regulation
NOTE The standard is usually identified only by its number. The title may also be given.
(BAS EN 45020:2009 definition 11.2.2.)
3. General reference (to standards)
Reference to standards that designates all standards of specified body and/or in particular field without identifying them individually(
BAS EN 45020:2009 definition 11.2.3.)
Strength of reference
1. Exclusive reference (to standards)
Reference to standards that states that the only way to meet the relevant requirements of a technical regulation is to comply with the standard(s) referred to.
(BAS EN 45020:2009 definition 11.3.1.)
2. Indicative reference (to standards)
Reference to standards that states that one way to meet the relevant requirements of a technical regulation is to comply with the standard(s) referred to.
NOTE An indicative reference to standards is a form of deemed-to-satisfy provision.
(BAS EN 45020:2009 definition 11.3.2.)
mandatory standard
Standard the application of which is made compulsory by virtue of a general law or exclusive reference in a regulation
(BAS EN 45020:2009 definition 11.4.)