L 217/18 Official Journal of the European Communities 5. 8.98 DIRECTIVE 98/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 100a and 213 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 189b of the Treaty (%), (1) Whereas, in order to promote the smooth functio- ning of the internal market, as much transparency as possible should be ensured as regards the future national rules and regulations applying to Informa- tion Society services, by amending Directive 98/34/ EC (%, (2) Whereas a wide variety of services within the meaning of Articles 59 and 60 of the Treaty will benefit by the opportunities afforded by the Informa- tion Society of being provided at a distance, elec- tronically and at the individual request of a recipient of services; (3) Whereas the area without internal frontiers com- prising the internal market enables providers of such services to develop their cross-border activities with a view to increasing their competitiveness, and thus affords citizens new opportunities to transmit and receive information regardless of frontiers, and consumers new forms of access to goods and services; (4) Whereas the extension of the scope of Directive 98/34/EC should not prevent Member States from taking account of the different social, societal and cultural implications inherent in the advent of the Information Society; whereas, in particular, the use of the procedural rules laid down in that Directive for () OJ C 307, 16. 10. 1996, p. 11, and OJ C 65, 28. 2. 1998, p. 12. () OJ C 158, 26. 5. 1997, p. 1. () Opinion of the European Parliament of 16 May 1997 (O] C 167, 2. 6. 1997, p. 238), Council Common Position of 26 January 1998 (O] C 62, 26. 2. 1998, p. 48) and Decision of the European Parliament of 14 May 1998 (O] C 167, 1. 6. 1998). Council Decision of 29 June 1998. (") OJ L 204, 21. 7. 1998, p. 37. Information Society services should not affect cultural policy measures, particularly in the audio- visual field, which Member States might adopt in accordance with Community law, taking account of their linguistic diversity, their specific national and regional characteristics and their cultural heritage; whereas the development of the Information Society should ensure, in any event, proper access of European citizens to the European cultural heritage supplied in a digital environment; (5) Whereas Directive 98/34/EC is not intended to apply to national rules relating to fundamental rights, such as constitutional provisions concerning freedom of expression and, more particularly, freedom of the press; whereas it is not intended to apply to the general criminal law either; whereas, furthermore, it does not apply to agreements governed by private law between credit institutions, in particular, to agreements on the execution of payments between credit institutions; (6) Whereas the European Council has stressed the need to create a clear and stable legal framework at Community level in order to foster the development of the Information Society; whereas Community law and the rules governing the internal market in par- ticular, including both the principles enshrined in the Treaty and secondary legislation, already consti- tute a basic legal framework for the development of such services; (7) Whereas it should be possible to adapt the existing national rules and regulations applicable to services available at the present so as to take account of new Information Society services, either with a view to ensuring that the general interest is better protected or, on the other hand, with a view to simplifying such rules and regulations where their application is disproportionate to the objectives they pursue; (8) Whereas, without coordination at Community level, this foreseeable regulatory activity at national level might give rise to restrictions on the free movement of services and the freedom of establishment, leading in turn to a refragmentation of the internal market, over-regulation and regulatory inconsistencies; (9) Whereas, in order to ensure real and effective protec- tion of the general-interest objectives involved in the development of the Information Society, there is a