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Corrigenda

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Corrigendum to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock

(Official Journal of the European Union L 150 of 30 April 2004)

Regulation (EC) No 811/2004 should read as follows:

COUNCIL REGULATION (EC) No 811/2004

of 21 April 2004                     

establishing measures for the recovery of the northern hake stock

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes a recovery plan for the northern hake stock which inhabits the ICES division III a, ICES subarea IV, ICES divisions V b (Community waters), VI a (Community waters), ICES subarea VII and ICES divisions VIII a, b, d, e (the northern hake stock).

Article 2

Purpose of the recovery plan

The recovery plan referred to in Article 1 shall aim to increase the quantities of mature fish of the northern hake stock concerned to values equal to or greater than 140 000 tonnes.

Article 3

Reaching of target levels

Where the Commission finds, on the basis of advice from ICES and following agreement on that advice by the Scientific Technical and Economic Committee for Fisheries (STECF), that for two consecutive years the target level for the northern hake stock concerned has been reached, the Council shall decide by qualified majority on a proposal from the Commission to replace the recovery plan by a management plan for the stock in accordance with Article 6 of Regulation (EC) No 2371/2002.

Article 4

Setting of TACs

A TAC shall be set in accordance with Article 5 where, for the northern hake stock concerned the quantities of mature northern hake have been estimated by the STECF, in the light of the most recent report of ICES, to be equal to or above 100 000 tonnes.

Article 5

Procedure of setting TACs

1.   Each year, the Council shall decide by qualified majority on a proposal from the Commission on a TAC for the following year for the northern hake stock concerned.

2.   For 2004, the TAC shall be set at a level corresponding to a fishing mortality of 0,25, 4 % less than status quo fishing mortality. For the subsequent years of the recovery plan, the TAC shall not exceed a level of catches which scientific evaluations carried out by the STECF, in the light of the most recent reports of ICES, indicate will correspond to a fishing mortality rate of 0,25.

3.   The Council shall not adopt a TAC whose capture is predicted by the STECF, in the light of the most recent report of the ICES, to lead to a decrease in spawning stock biomass in its year of application.

4.   Where it is expected that the setting of the TAC for a given year in accordance with paragraph 2 will result in a quantity of mature fish at the end of that year in excess of the target level indicated in Article 2, the Commission will carry out a review of the recovery plan and propose any adjustments necessary on the basis of the latest scientific evaluations. Such a review shall in any event be carried out not later than three years following the adoption of this Regulation with the aim of ensuring that the objectives of the recovery plan are achieved.

5.   Except for the first year of application of this Regulation, the following rules shall apply:

Article 6

Setting of TACs in exceptional circumstances

Where the quantities of mature fish of the northern hake stock concerned have been estimated by the STECF, in the light of the most recent report of the ICES, to be less than 100 000 tonnes, the following rules shall apply:

Article 7

Recording and accounting of time spent in the areas

Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19e and 19k of that Regulation shall apply to vessels operating in the geographical area referred to in Article 1.

Article 8

Prior notification

1.   The master of a Community fishing vessel, or his/her representative, prior to any entry in to port or any landing location of a Member State with more than two tonnes of northern hake on board shall inform the competent authorities of that Member State, at least four hours in advance of such entry, of:

2.   The competent authorities of a Member State in which a landing of more than two tonnes of northern hake is to be made, may require that the discharge of catch retained on board shall not commence until authorised by those authorities.

3.   The master of a Community fishing vessel, or his/her representative, wishing to tranship or discharge at sea any quantity retained on board or to land in a port or landing location of a third country shall transmit to the competent authorities of the flag Member State at least four hours prior to transhipment or discharge at sea or to landing in a third country the information referred to in paragraph 1.

Article 9

Designated ports

1.   Where more than two tonnes of northern hake are to be landed in the Community from a Community fishing vessel, the master of the vessel shall ensure that such landings are made only at designated ports.

2.   Each Member State shall designate ports at which any landing of northern hake in excess of two tonnes shall take place.

3.   Each Member State shall transmit to the Commission by 4 June 2004 the list of designated ports and, within 30 days thereafter, associated inspection and surveillance procedures for those ports, including the terms and conditions for recording and reporting the quantities of northern hake within each landing. The Commission shall transmit the information to all Member States.

Article 10

Margin of tolerance

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (4), the permitted margin of tolerance in the estimation of quantities of northern hake, in kilograms retained on board, shall be 8 % of the logbook figure. In the event that no conversion factor is laid down in Community legislation, the conversion factor adopted by the Member State whose flag the vessel is flying shall apply.

Article 11

Separate stowage

It shall be prohibited to retain on board a Community fishing vessel in any container any quantity of northern hake mixed with any other species of marine organisms. Containers with northern hake shall be properly marked for identification purposes or stowed in the hold in such a way that they are kept separate from other containers.

Article 12

Transport

1.   The competent authorities of a Member State may require that any quantity of northern hake caught in the geographical area defined in Article 1 and first landed in that Member State is weighed in the presence of controllers before being transported elsewhere from the port of first landing. For northern hake first landed in a port designated under Article 9, representative samples, amounting to at least 20 % of the landings in number, shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, by 20 June 2004, details of the sampling regime to be employed.

2.   By way of derogation from the conditions laid down in Article 13 of Regulation (EEC) No 2847/93, all quantities of northern hake greater than 50 kg which are transported to a place other than that of first landing or import shall be accompanied by a copy of the declaration provided for in Article 8(1) of that Regulation pertaining to the quantities of northern hake transported.

Article 13

Specific monitoring programme

By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for the northern hake stock concerned may last more than two years from its date of entry into force.

Article 14

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 21 April 2004.

For the Council

The President

J. WALSH                        

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(1)  Opinion delivered on 11 February 2004 (not yet published in the Official Journal).

(2)OJ L 358, 31.12.2002, p. 59.

(3)OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(4)OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23).

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Corrigendum to Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98

(Official Journal of the European Union L 150 of 30 April 2004)

Regulation (EC) No 812/2004 should read as follows:

COUNCIL REGULATION (EC) No 812/2004

of 26 April 2004                     

laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down measures aimed at mitigating incidental catches of cetaceans by fishing vessels in the areas indicated in Annexes I and III.

Article 2

Use of acoustic deterrent devices

1.   Without prejudice to other Community provisions, it shall be prohibited for vessels of 12 m or over in overall length to use the fishing gear defined in Annex I in the areas, for the periods, and as from the dates indicated therein without the simultaneous use of active acoustic deterrent devices.

2.   The masters of the Community fishing vessels shall ensure that the acoustic deterrent devices are fully operational when setting the gear.

3.   By way of derogation, paragraph 1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member States or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans.

4.   Member States shall take necessary steps to monitor and assess, by means of scientific studies or pilot projects, the effects of pinger use over time in the fisheries and areas concerned.

Article 3

Technical specifications and conditions of use

1.   Acoustic deterrent devices used in application of Article 2(1) shall comply with one set of the technical specifications and conditions of use defined in Annex II.

2.   By way of derogation from paragraph 1, Member States may authorise the temporary use of acoustic deterrent devices which do not fulfil the technical specifications or conditions of use defined in Annex II, provided that their effect on the reduction of incidental catches of cetaceans has been sufficiently documented. An authorisation shall be valid for no more than two years.

3.   Member States shall inform the Commission of the authorisations in accordance with paragraph 2 within two months of the date of issue. They shall provide the Commission with technical and scientific information on the acoustic deterrent device authorised and its effects on incidental catches of cetaceans.

Article 4

At-sea observer schemes

1.   Member States shall design and implement monitoring schemes for incidental catches of cetaceans using observers on board the vessels flying their flag and with an overall length of 15 m or over, for the fisheries and under the conditions defined in Annex III. The monitoring schemes shall be designed to provide representative data of the fisheries concerned.

2.   Member States shall take the necessary steps to collect scientific data on incidental catches of cetaceans for vessels with an overall length less than 15 m and involved in fisheries defined in Annex III point 3 by means of appropriate scientific studies or pilot projects.

Article 5

Observers

1.   In order to discharge their obligation to provide observers, Member States shall appoint independent and properly qualified and experienced personnel. In order to carry out their tasks the personnel selected must have the following qualifications:

2.   The task of observers is to monitor incidental catches of cetaceans and to collect the data necessary to extrapolate the by-catch observed to the whole fishery concerned. In particular, the observers shall:

Observers may also carry out such other observations, as may be determined by Member States, for the purposes of contributing to the scientific understanding of the catch composition of the vessels concerned and the biological status of fishery stocks.

3.   The observer shall send a report containing all the data collected on the fishing effort and observations on incidental catches of cetaceans, including a summary of his/her main findings, to the competent authorities of the flag Member State concerned.

The report shall contain in particular the following information for the period in question:

The master of the vessel may request a copy of the observer's report.

4.   The flag Member State shall keep the information contained in observer's reports for at least five years after the end of the relevant reporting period.

Article 6

Annual reports

1.   Each year, Member States shall send the Commission, by 1 June, a comprehensive annual report on the implementation of Articles 2, 3, 4 and 5 during the previous year. The first report shall cover both the remaining part of the year following the entry into force of this Regulation and the entire year that follows.

2.   On the basis of the observers' reports provided according to Article 5(3) and all other appropriate data, including those on fishing effort collected in application of Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the common fisheries policy (6), the annual report shall include estimates of the overall incidental catches of cetaceans in each of the fisheries concerned. This report shall include an assessment of the conclusions of the observers' reports and any other appropriate information, including any research conducted within the Member States to reduce the incidental capture of cetaceans in fisheries. When reporting on the results of scientific studies or pilot projects as provided for in Articles 2(4) and 4(2), Member States shall ensure that sufficiently high quality standards are reached in their design and implementation and shall provide detailed information concerning those standards to the Commission.

Article 7

Overall assessment and review

1.   One year at the latest after the submission by Member States of their second annual report, the Commission shall report to the European Parliament and the Council on the operation of this Regulation in the light of the information available as a result of the application of Article 6 and of the assessment by the Scientific, Technical and Economic Committee for Fisheries of the reports of the Member States. The report shall consider in particular the application of this Regulation to types of vessel and areas, the quality of information derived from observer schemes and the quality of pilot projects and may be accompanied by appropriate proposals.

2.   This report shall be updated following the submission of the fourth annual report by Member States.

Article 8

Adaptation to technical progress and additional technical guidance

1.   The following shall be adopted in accordance with the management procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002:

2.   Amendments to Annex II which are necessary in order to adapt it to technical and scientific progress shall be adopted in accordance with the regulatory procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002.

Article 9

Amendment of Regulation (EC) No 88/98

The following Articles are hereby inserted:

‘Article 8a

Restrictions on drift-nets

1.   From 1 January laying down the procedures for the exercise of implementing powers conferred 2008, it shall be prohibited to keep on board, or use for fishing, driftnets.

2.   Until 31 December 2007, a vessel may keep on board, or use for fishing, driftnets if authorised to do so by the competent authorities of the flag Member State.

3.   In 2005, the maximum number of vessels which may be authorised by a Member State to keep on board, or use for fishing, driftnets shall not exceed 60 % of the fishing vessels which used drift-nets during the period 2001 to 2003.

In 2006 and 2007, the maximum number of vessels shall not exceed 40 % and 20 % respectively of the fishing vessels which used driftnets during the period 2001 to 2003.

4.   Member States shall communicate to the Commission by 30 April of each year, the list of vessels authorised to carry out fishing activities using driftnets; for 2004, the information shall be sent not later than 31 August 2004.

Article 8b

Conditions for drift-nets

1.   Floating buoys, with radar reflectors, must be moored to each end of the netting, so that its position can be determined at any time. The buoys must be permanently marked with the registration letter(s) and number of the vessel to which they belong.

2.   The master of a fishing vessel using driftnets shall keep a logbook in which he must record the following information on a day-to-day basis:

3.   All fishing vessels using driftnets shall keep on board the authorisation referred to in Article 8a(2).’

Article 10

Entry into force

This Regulation shall enter into force on 1 July 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 26 April 2004.

For the Council

The President

J. WALSH                        

ANNEX I

Fisheries in which the use of acoustic deterrent devices is mandatory

ANNEX II

Technical specifications and conditions of use of acoustic deterrent devices

Any acoustic deterrent devices used in application of Article 2(1) shall meet one of the following sets of signal and implementation characteristics:

ANNEX III

Fisheries to be monitored and minimum level of fishing effort subject to on-board observers

1.   General monitoring obligations

Monitoring schemes shall be designed on an annual basis and established to monitor cetacean by-catch, in a representative manner, in the fisheries defined in the table in paragraph 3.

Monitoring schemes shall be made sufficiently representative by adequately spreading observer coverage over the fleets, time and fishing areas.

As a general rule, monitoring schemes shall be based on a sampling strategy designed to allow the estimation of the by-catch rates of cetaceans, for the most frequent species in the by-catch per unit effort by a given fleet to achieve a coefficient of variation not exceeding 0,30. The sampling strategy shall be designed on the basis of existing information on the variability of previous by-catch observations.

2.   Pilot monitoring schemes

Where, due to absence of information on variability of by-catch, the sampling strategies cannot be designed to achieve the coefficient of variation within the limit set in paragraph 1, Member States shall implement pilot on-board observer schemes for two consecutive years, starting at the dates in paragraph 3 for the concerned fisheries.

These pilot observer schemes shall be based on a sampling strategy aimed at determining the variability of by-catch which will provide the basis for the design of subsequent sampling strategies under the conditions of the paragraph 1, and shall also provide estimates of by-catch of cetaceans per unit effort, broken down by species.

The pilot schemes shall cover, at least, the following minimum value of fishing effort:

3.   Fisheries to be monitored and monitoring starting dates

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(1)  Opinion delivered on 10 February 2004.

(2)OJ L 358, 31.12.2002, p. 59.

(3)OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(4)OJ L 184, 17.7.1999, p. 23.

(5)OJ L 9, 15.1.1998 p. 1. Regulation as last amended by Regulation (EC) No 48/1999 (OJ L 13, 18.1.1999, p. 1).

(6)OJ L 176, 15.7.2000, p. 1.

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Corrigendum to Council Regulation (EC) No 813/2004 of 26 April 2004 amending Regulation (EC) No 1626/94 as regards certain conservation measures relating to waters around Malta

(Official Journal of the European Union L 150 of 30 April 2004)

Regulation (EC) No 813/2004 of 26 April 2004 should read as follows:

COUNCIL REGULATION (EC) No 813/2004

of 26 April 2004                     

amending Regulation (EC) No 1626/94 as regards certain conservation measures relating to waters around Malta

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as the ‘Treaty of Accession’) (1), and in particular Article 2(3) thereof,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as the ‘Act of Accession’) (2), and in particular Article 21 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1626/94 is hereby amended as follows:

Article 2

This Regulation shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 26 April 2004.

For the Council

The President

J. WALSH                        

ANNEX

                                 ‘Annex V

25-mile management zone around the Maltese islands

(a)   Authorised trawlable areas to the approaches of the Maltese islands: geographic coordinates

(b)   Geographic coordinates of some way-points along the 200 m isobath within the 25-mile management zone

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(*1)OJ 171, 6.7.1994, p. 7.

(*2)OJ L 358, 31.12.2002, p. 59.

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(1)OJ L 236, 23.9.2003, p. 17.

(2)OJ L 236, 23.9.2003, p. 23.

(3)OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (EC) No 973/2001 (OJ L 137, 19.5.2001, p. 1).

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Corrigendum to Council Decision 2004/425/EC of 21 April 2004 on the conclusion of an Agreement between the European Community and the United States of America on the mutual recognition of certificates of conformity for marine equipment

(Official Journal of the European Union L 150 of 30 April 2004)

Decision 2004/425/EC should read as follows:

COUNCIL DECISION

of 21 April 2004                     

on the conclusion of an Agreement between the European Community and the United States of America on the mutual recognition of certificates of conformity for marine equipment

(2004/425/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, first sentence, (3) first subparagraph, first sentence, and (4) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the United States of America on the mutual recognition of certificates of conformity for marine equipment is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to transmit, on behalf of the Community, the note provided for in Article 21(1) of the Agreement.

Article 3

1.   The Commission, assisted by the special committee appointed by the Council, shall represent the Community in the Joint Committee provided for in Article 7 of the Agreement and in any working group that may be established according to Article 7(4) of the Agreement. The Commission shall proceed, after consultation with the special committee, to the notifications, exchanges of information and requests for information specified in the Agreement.

2.   The position of the Community with regard to decisions to be taken by the Joint Committee shall be determined by the Commission, following consultation of the special committee.

3.   A decision relating to terminating the Agreement, according to Article 21(3) thereof, shall be taken by the Council, acting by qualified majority on a proposal from the Commission.

Done at Luxembourg, 21 April 2004.

For the Council

The President

J. WALSH                        

                        AGREEMENT                     

between the European Community and the United Sates of America on the mutual recognition of certificates of conformity for marine equipment

PREAMBLE

The EUROPEAN COMMUNITY, and the UNITED STATES OF AMERICA, hereinafter referred to as ’the Parties’,

CONSIDERING the traditional links of friendship that exist between the United States of America (US) and the European Community (EC);

DESIRING to facilitate bilateral trade in marine equipment and to increase the effectiveness of each Party's regulatory actions;

RECOGNISING the opportunities offered to regulators by the elimination of unnecessary duplication of their activities;

NOTING the shared commitment of the Parties to the work of the International Maritime Organisation (IMO);

CONSIDERING that the aim of the Parties is enhancing safety at sea and the prevention of marine pollution;

RECOGNISING, on the one hand, that mutual recognition agreements can positively contribute to greater international harmonisation of standards;

BEARING IN MIND, on the other hand, that the determination of equivalence must ensure that the fulfilment of the regulatory objectives of the Parties is fully respected and shall not lead to a lowering of their respective levels of safety and protection;

RECOGNISING that mutual recognition of certificates of conformity based on the equivalence of EC and US marine equipment regulations is an important means of enhancing market access between the Parties;

RECOGNISING that agreements providing for mutual recognition are of particular interest to small and medium-sized businesses in the US and the EC;

RECOGNISING that any mutual recognition also requires confidence in the continued reliability of the other Party's conformity assessments;

BEARING IN MIND that the Agreement on Technical Barriers to Trade, an agreement annexed to the Agreement Establishing the World Trade Organisation (WTO), encourages WTO Members to enter into negotiations for the conclusion of agreements for the mutual recognition of results of each other's conformity assessment procedures, as well as to give positive consideration to accepting as equivalent the technical regulations of other Members, provided they are satisfied that these regulations adequately fulfil the objectives of their own regulations,

HAVE AGREED AS FOLLOWS:

CHAPTER 1

DEFINITIONS AND PURPOSE

Article1

Definitions

1.   The following terms and definitions shall apply to this Agreement:

2.   Other terms concerning conformity assessment used in this Agreement shall have the meaning given elsewhere in this Agreement or in the definitions contained in Guide 2 (1996 edition) of the International Organisation for Standardisation (ISO) and the International Electrotechnical Commission (IEC). In the event of an inconsistency between ISO/IEC Guide 2 and definitions in this Agreement, the definitions in this Agreement shall prevail.

Article 2

Purpose of the Agreement

1.   This Agreement establishes the conditions under which the importing Party's regulatory authority shall accept the certificates of conformity issued by the exporting Party's conformity assessment bodies in accordance with the technical regulations of the exporting Party, hereinafter referred to as ’mutual recognition’.

2.   This Agreement also lays down a framework for regulatory cooperation with the objective of maintaining and furthering mutual recognition between the EC and the US of their respective regulatory requirements for marine equipment; of encouraging the improvement and evolution of regulatory requirements for the purpose of enhancing the safety at sea and the prevention of marine pollution; and ensuring a consistent application of this Agreement. This cooperation will take place fully respecting the Parties regulatory autonomy and their evolving policies and regulations as well as their shared commitment to the evolution of the relevant international instruments.

3.   This Agreement is intended to evolve as programs and policies of the Parties evolve. The Parties will review this Agreement periodically, in order to assess progress and identify potential enhancements to this Agreement as US and EC policies evolve over time. Particular attention will also be given to the evolution of the international instruments.

CHAPTER 2

MUTUAL RECOGNITION

Article 3

Basic obligations

1.   With respect to each product listed in Annex II, the United States shall accept as complying with its own legislative, regulatory and administrative provisions as referred to in Annex I, without any further conformity assessment, certificates of conformity issued by the EC conformity assessment bodies in accordance with the legislative, regulatory and administrative provisions of the EC.

2.   With respect to each product listed in Annex II, the European Community and its Member States shall accept as complying with their own legislative, regulatory and administrative provisions as referred to in Annex I, without any further conformity assessment, certificates of conformity issued by the US conformity assessment body in accordance with the legislative, regulatory and administrative provisions of the United States.

3.   The technical regulations applicable in the US and the EC to each such product within the scope of this Agreement are specified in Annex II.

Article 4

Equivalence of technical regulations

1.   The mutual recognition obligations referred to in Article 3 are based on the determination by the Parties that the technical regulations applicable to each product listed in Annex II are equivalent.

2.   Determination of equivalence of technical regulations of the Parties shall be based on their implementation of the relevant international instruments in their respective legislation, regulations and administrative provisions, except where a Party regards the instrument would be an ineffective or inappropriate means of fulfilment of its regulatory objectives. In the latter case, equivalency shall be determined on a mutually acceptable basis.

Article 5

Marking

The Parties may maintain their respective requirements with regard to the marking, numbering and identification of products. With respect to the products listed in Annex II, the EC conformity assessment bodies shall have the right to issue the marking and numbering required by the US legislation and regulations, as allocated to them by the US Coast Guard. The US conformity assessment body shall be given the identification number provided for in Directive 96/98/EC, as allocated to it by the Commission of the European Communities, which shall be affixed next to the marking required by that Directive.

Article 6

Conformity assessment bodies

1.   For the purpose of issuing certificates of conformity in accordance with the provisions of this Agreement, the following shall apply:

2.   Each Party recognises that the conformity assessment bodies of the other Party are authorised to perform the following procedures in relation to the legislative, regulatory and administrative provisions referred to in Annex I:

3.   The Regulatory Authorities of the Parties are responsible for the following procedures, but may delegate some or all of these functions to conformity assessment bodies:

4.   Prior to the entry into force of this Agreement the Parties shall exchange their respective lists of conformity assessment bodies. The Parties shall inform each other promptly of any changes to their list of conformity assessment bodies. The Parties shall maintain on the World Wide Web updated lists of their conformity assessment bodies.

5.   Each Party shall require that its conformity assessment bodies record and retain details of their investigations of the competence and compliance of their sub-contractors and maintain a register of all sub-contracting. These details will be available to the other Party on request.

6.   Each Party shall require that its conformity assessment bodies, upon request of a regulatory authority of the other Party listed in Annex III, make available to the regulatory authorities, copies of the certificates of conformity and related technical documentation they have issued.

CHAPTER 3

JOINT COMMITTEE

Article 7

Joint Committee

1.   The Parties hereby establish a Joint Committee consisting of representatives of each Party. The Joint Committee shall be responsible for the effective functioning of this Agreement.

2.   Each Party shall have one vote in the Joint Committee. The Joint Committee shall make its decisions by unanimity. The Joint Committee shall determine its own rules of procedure.

3.   The Joint Committee may consider any matter relating to the effective functioning of this Agreement. The Joint Committee shall have the authority to take decisions in the cases provided for in this Agreement. The Parties shall take the necessary measures to implement such decisions of the Joint Committee. In particular, the Joint Committee shall be responsible for:

4.   The Joint Committee may establish Joint Working Groups comprised of appropriate Regulatory Authorities' representatives and appropriate experts deemed necessary, in order to address and advise the Joint Committee on specific issues related to the functioning of this Agreement.

CHAPTER 4

REGULATORY COOPERATION

Article 8

Preservation of regulatory authority

Nothing in this Agreement shall be construed to limit the authority of a Party to determine, through its legislative, regulatory and administrative measures, the level of protection it considers appropriate for enhancing safety at sea and improving the prevention of marine pollution, or otherwise act with regard to risks within the scope of this Agreement.

Article 9

Exchange of information and contact points

1.   The regulatory authorities of the Parties listed in Annex III will establish appropriate means of exchanging information on any regulatory problems concerning products subject to this Agreement.

2.   Each Party shall designate at least one contact point, which may be the regulatory authorities listed in Annex III, to provide answers to all reasonable inquiries from the other Party and other interested parties such as manufacturers, consumers, trade unions, regarding procedures, regulations, and other matters related to this Agreement. The Parties shall exchange, and make publicly available, lists of contact points.

3.   With regard to the exchange of information and notifications under this Agreement a Party shall have the right to communicate in its official language or languages. If a Party deems that information it receives must be translated into its official language or languages, that Party shall undertake the necessary translation and bear the cost.

4.   Each Party agrees to make available to the public its list of products for which it has issued certificates of conformity under its respective legislative, regulatory and administrative provisions on the World Wide Web and update it on a regular basis.

Article 10

Regulatory changes

1.   When a Party introduces new technical regulations related to this Agreement, it shall do so on the basis of existing international instruments, except when a Party considers the instrument would be an ineffective or inappropriate means for fulfilment of its regulatory objectives.

2.   Each Party shall notify the other Party of changes to technical regulations related to the subject matter of this Agreement at least 90 days before their entry into force. Where considerations of safety, health or environmental protection require more urgent action, a Party shall notify the other Party as soon as practicable.

3.   The Parties and their regulatory authorities shall inform and consult with one another, as permitted by their respective laws and regulations, on:

The Parties will provide each other the opportunity to comment on such proposals.

4.   In the event of changes to the legislation, regulations, and administrative provisions referred to in Annex I and II, the Joint Committee shall consider whether or not the equivalence of the technical regulations with respect to products listed in Annex II has been maintained.

If it is agreed in the Joint Committee that equivalence is maintained, then the product shall be retained in Annex II.

If it is agreed in the Joint Committee that equivalence cannot be maintained, references to products and the relevant technical regulations for which equivalence cannot be maintained shall be removed from Annex II. The Joint Committee shall update Annex II by a decision to reflect the changes. Upon the discontinuance of mutual recognition, the Parties are no longer bound by the obligations referred to in Article 3 of this Agreement for the specific product. However, the importing Party shall continue to recognise previously issued certificates of conformity for products that have been placed on the market of that Party prior to the discontinuance of mutual recognition, unless a regulatory authority in the Party decides otherwise based on health, safety or environmental considerations or failure to satisfy other requirements within the scope of this Agreement.

If the Parties, within the Joint Committee, cannot agree on whether or not equivalence of their technical regulations with respect to a product listed in Annex II is maintained, then mutual recognition with respect to that product shall be suspended according to the terms of Article 15.

5.   The Parties shall make available on the World Wide Web an up-to-date version of Annex II.

Article 11

Regulatory cooperation

1.   The Parties agree to cooperate in the IMO and other relevant international organisation such as the International Organisation for Standardisation (ISO), the International Electrotechnical Commission (IEC) and the International Telecommunications Union (ITU), with a view to establishing and improving international rules for enhancing the safety at sea and the prevention of marine pollution.

2.   The Parties will consider what technical work, data and information exchange, scientific and technological cooperation or other cooperative activities can be pursued between them with a view to improving the quality and level of their technical regulations applicable to marine equipment and making efficient use of resources for regulatory development.

3.   For products that are not included in Annex II upon entry into force of this Agreement or for which equivalence of technical regulations has been discontinued or suspended, the Parties undertake to examine their respective technical regulations with a view to establishing, to the extent possible, mutual recognition. The Parties will set out a work program and time-table for alignment of their technical regulations, including the initiation of appropriate international standards work. The Parties shall endeavour to align their technical regulations to the extent possible on the basis of existing international instruments in pursuit of the objective of their domestic legislation to enhance safety at sea and improve the prevention of marine pollution.

4.   When the Parties have determined that equivalence can be established for a product and associated legislative, regulatory and administrative provisions, the Joint Committee shall take a decision to amend Annex II accordingly.

Article 12

Cooperation on conformity assessment

1.   The Parties and their authorities responsible for conformity assessment issues shall consult as necessary to ensure the maintenance of confidence in conformity assessment procedures and conformity assessment bodies. This can take the form of, for example, comparison of methods to verify and monitor the technical competence and ability of conformity assessment bodies, and, with the consent of both Parties, joint participation in audits/inspections related to conformity assessment activities or other assessment of conformity assessment bodies.

2.   The Parties shall encourage their conformity assessment bodies to take part in coordination and cooperation activities organised by the Parties either separately or jointly.

CHAPTER 5

SURVEILLANCE AND SAFEGUARD MEASURES

Article 13

Surveillance of conformity assessment bodies

1.   The Parties shall ensure that their conformity assessment bodies are capable and remain capable of properly assessing conformity of products or processes, according to the applicable legislation, regulations and administrative provisions. In this regard, the Parties shall maintain, or cause to maintain, ongoing surveillance, as applicable, over their conformity assessment bodies and/or recognised laboratories, by means of regular audit or assessment.

2.   In case a Party has objective reasons for contesting the technical competence of a conformity assessment body of the other Party, it shall inform the other Party thereof. Such contestation shall be exercised when justified in an objective and reasoned manner. The other Party shall in a timely manner present information in order to refute the contestation or to correct the deficiencies which form the basis of the contestation. If necessary the matter shall be discussed in the Joint Committee. If agreement cannot be reached on the competency of the conformity body, the contesting Party may refuse to grant its marking and/or numbering to the contested conformity assessment body and refuse to recognise the certificates of conformity issued by the contested conformity assessment body.

Article14

Market surveillance

1.   Nothing in this Agreement shall be construed to limit the authority of a regulatory authority to take all appropriate and immediate measures whenever it ascertains that a product may:

Such measures may include withdrawing the products from the market, prohibiting their placement on the market, restricting their free movement, initiating a product recall, and preventing the recurrence of such problems, including through a prohibition on imports. If the regulatory authority takes such action, it shall inform the other Party no later than 15 days after taking such action, providing its reasons for such action.

2.   Nothing in this Agreement shall prevent the Parties from removing products from the market that do not in fact conform to a Party's technical regulations.

3.   The Parties agree that any applicable border inspections and checks of products which have been certified, labelled or marked as conforming with the importing Party's requirements specified in Annex I shall be completed as expeditiously as possible. With regard to any inspections related to internal movement within their respective territories, the Parties agree that these shall be completed in no less a favourable manner than for like domestic products.

Article 15

Suspending mutual recognition

1.   In case a Party considers that equivalence of technical regulations with respect to one or more products listed in Annex II is not being or cannot be maintained, it shall inform the other Party thereof and give the objective reasons for this. Any contestation of equivalence shall be discussed in the Joint Committee. If no decision is reached by the Joint Committee within 60 days of the referral to it the mutual recognition obligation with respect to such products shall be suspended by one or both Parties. The suspension shall remain in effect until agreement has been reached by the Joint Committee.

2.   The Joint Committee shall update Annex II by a decision to reflect the suspension of mutual recognition for the products in question. The Parties agree to cooperate according to the terms of Article 11 in view of establishing equivalence again, to the extent possible.

3.   Upon suspension of mutual recognition of technical regulations referred to in Annex II the Parties are no longer bound by the obligations referred to in Article 3 of this Agreement for the specific product. However, the importing Party shall continue to recognise previously issued certificates of conformity for products that have been placed on the market of that Party prior to the suspension of mutual recognition, unless a Regulatory Authority in the Party decides otherwise based on health, safety or environmental considerations or failure to satisfy other requirements within the scope of this Agreement.

Article 16

Alert system

The Parties will put into place a two-way alert system between their regulatory authorities in order to inform each other of products that have been found not to comply with applicable technical regulations or can pose an imminent danger to health, safety or the environment.

CHAPTER 6

ADDITIONAL PROVISIONS

Article 17

Confidentiality

1.   Each Party agrees to maintain, to the extent required under its laws, the confidentiality of information exchanged under this Agreement. In particular, neither Party shall disclose to the public, nor permit a conformity assessment body to disclose, information exchanged under this Agreement that constitutes trade secrets, confidential commercial or financial information, or information that relates to an ongoing investigation.

2.   A Party or a conformity assessment body may, upon exchanging information with the other Party or with a conformity assessment body of the other Party, designate the portions of the information that it wishes to be exempt from disclosure.

3.   Each Party shall take all precautions reasonably necessary to protect information exchanged under this Agreement from unauthorised disclosure.

Article 18

Fees

Each Party shall endeavour to ensure that fees imposed for services related to the subject matter of this Agreement shall be commensurate with the services provided. Each Party shall ensure that, for conformity assessment procedures covered under this Agreement, it shall charge no fees with respect to conformity assessment services provided by the other Party.

Article 19

Territorial application

1.   This Agreement shall apply, on the one hand to the territories in which the Treaty establishing the European Community is applied, and under the conditions laid down in that Treaty and, on the other hand, to the territory of the United States.

2.   Without prejudice to paragraph 1, this Agreement applies to ships entitled to fly the flag of either Party, or one of the Parties' Member States, operating in international voyages.

Article 20

Agreements with other countries

1.   Except where there is written agreement between the Parties, obligations contained in mutual recognition agreements concluded by either Party with a party not a signatory to this Agreement (a third party) shall have no force and effect with regard to the other Party in terms of acceptance of the results of conformity assessment procedures in the third party.

2.   In view of furthering trade facilitation in marine equipment with other countries, the EC and the US undertake to examine the possibility of establishing a multilateral agreement on the subject matter covered by this Agreement with other interested countries.

CHAPTER 7

FINAL PROVISIONS

Article 21

Entry into force, amendments and termination

1.   This Agreement shall enter into force on the first day of the second month following the date on which the Parties have exchanged letters confirming the completion of their respective procedures for the entry into force of this Agreement.

2.   This Agreement may be amended as specified in Article 7 or by the Parties.

3.   Either Party may terminate this Agreement by giving the other Party six months notice in writing.

4.   Following termination of this Agreement, a Party shall continue to accept the certificates of conformity issued by conformity assessment bodies under this Agreement prior to termination, unless a regulatory authority in the Party decides otherwise based on health, safety and environmental considerations or failure to satisfy other requirements within the scope of this Agreement.

Article 22

Final provisions

1.   This Agreement shall not affect the rights and obligations of the Parties under any other international agreement.

2.   The Parties will review the functioning of this Agreement on a regular basis, the first time no later than two years after its entry into force.

3.   This Agreement is drawn up in two originals in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic. In the event of inconsistencies of interpretation, the English text shall be determinative.

ANNEX I

LEGISLATION, REGULATIONS AND ADMINISTRATIVE PROVISIONS

ANNEX II

Product Coverage For Mutual Recognition

Life saving appliances

Fire protection

Navigation equipment

ANNEX III

REGULATORY AUTHORITIES

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(1)              ‘LSA Code’ refers to the International Life-Saving Appliance Code adopted on 4 June 1996 (IMO Resolution MSC.48(66)).

            ‘Recommendation on Testing’ refers to the IMO recommendation on Testing of Life-Saving Appliances adopted on 6 November 1991 (IMO Resolution A.689(17)) as amended on 11 December 1998 (IMO Resolution MSC.81(70).

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