ANNEX

In Annex 1, Product Sectors, Chapter 11, Measuring instruments, the text should be deleted and replaced by the following:

‘SECTION I

Legislative, regulatory and administrative provisions

SECTION II

Conformity assessment bodies

The Committee established under Article 10 of this Agreement shall draw up and keep up to date, according to the procedure described in Article 11 of the Agreement, a list of the conformity assessment bodies.

SECTION III

Designating authorities

Provisions covered by Article 1 paragraph 1

European Community: — Belgium: Ministère des affaires économiques/Ministerie van Economische Zaken — Denmark: National Agency for Enterprise and Housing — Germany: — Greece: Ministry of Development, General Secretariat of Consumer — Spain: Ministerio de Fomento — France: Measuring Instruments: Ministère de l'économie, des finances et de l'industrie — Direction de l'action régionale et de la petite et moyenne industrie — Sous-direction de la métrologie Pre-packages: Ministère de l'économie, des finances et de l'industrie — Direction générale de la consommation, de la concurrence et de la répression des fraudes — Ireland: — Italy: — Luxembourg: — Netherlands: Minister van Economische Zaken — Austria: Bundesministerium für Wirtschaft und Arbeit — Portugal: — Finland: Kauppa- ja teollisuusministeriö/Handels- och industriministeriet — Sweden: Under the Government of Sweden: Styrelsen för ackreditering och teknisk kontroll For Directive 75/33/CEE and Directive 79/830/CEE: Boverket For Directive 77/95/CEE: Vägverket — United Kingdom: Department of Trade and Industry Switzerland: Swiss Federal Office of Metrology (METAS)





Provisions covered by Article 1 paragraph 2

European Community: — Belgium: Ministère des affaires économiques/Ministerie van Economische Zaken — Denmark: National Agency for Enterprise and Housing — Germany: — Greece: Ministry of Development, General Secretariat of Consumer — Spain: Ministerio de Fomento — France: — Ireland: — Italy: — Luxembourg: — Netherlands: Minister van Economische Zaken — Austria: Bundesministerium für Wirtschaft und Arbeit — Portugal: — Finland: Kauppa- ja teollisuusministeriö/Handels- och industriministeriet — Sweden: Under the Government of Sweden: Styrelsen för ackreditering och teknisk kontroll For Directive 75/33/CEE and Directive 79/830/CEE: Boverket For Directive 77/95/CEE: Vägverket — United Kingdom: Department of Trade and Industry Switzerland: Swiss Federal Office of Metrology (METAS)

SECTION IV

Special rules relating to the designation of conformity assessment bodies

For the designation of conformity assessment bodies, designating authorities shall comply with the general principles contained in Annex 2 and those in Annex V to Directive 90/384/EEC and in Article 12 to Directive 2004/22/EC, as regards the products covered by those Directives.

SECTION V

Supplementary provisions

1. Information exchange

The conformity assessment bodies listed in section II shall periodically provide the Member States and the competent Swiss authorities with the information provided for in point 1.5 of Annex II to Directive 90/384/EEC.

The conformity assessment bodies listed in section II may request the information provided for in point 1.6 of Annex II to Directive 90/384/EEC.

2. Pre-packages

Switzerland shall recognise checks carried out in accordance with the provisions of Community legislation listed in section I by a Community body listed in section II in the case of Community pre-packages placed on the market in Switzerland.

As regards statistical checking of the quantities declared on pre-packages, the European Community shall recognise the Swiss method laid down in Articles 24 to 40 of the Ordinance on technical provisions concerning the declaration of quantities on industrial pre-packages (RS 941.281.1) as equivalent to the Community method laid down in Annex II of Directives 75/106/EEC and 76/211/EEC, as amended by Directive 78/891/EEC. Swiss producers whose pre-packages conform to Community legislation and have been checked according to the Swiss method shall affix the “e” mark on their products exported to the EC.

3. Marking

3.1. For the purposes of this Agreement, the provisions of Directive 71/316/EEC shall be read with the following adaptations: (a) To the first indent of point 3.1 of Annex 1 and to the first indent of point 3.1.1.1 (a) of Annex II, the following shall be added to the text in brackets: “CH for Switzerland”. (b) The drawings to which Annex II point 3.2.1 refers, shall be supplemented by the letters necessary for the sign “CH”.

3.2. By the way of derogation from Article 1 of this Agreement, the rules on marking for measuring instruments placed on the Swiss market are as follows: The marking that must be affixed is the CE marking and supplementary metrology marking or the national sign of the EC Member State concerned as provided in the first indent of point 3.1 of Annex I and the first indent of point 3.1.1.1 of Annex II to Directive 71/316/EEC.

4. Measuring instruments covered by Directive 2004/22/EC

4.1. Information exchange, market surveillance and administrative cooperation

In accordance with Article 18 of Directive 2004/22/EC, the competent authorities of the Member States and Switzerland shall assist each other in the fulfilment of their obligations to carry out market surveillance.

In particular, the competent authorities shall exchange:

— information concerning the extent to which instruments they examine comply with the provisions of Directive 2004/22/EC, and the results of such examinations,

— EC-type examination and design examination certificates and their annexes issued by notified bodies as well as additions, amendments and withdrawals relating to certificates already issued,

— quality system approvals issued by notified bodies, as well as information on quality systems refused or withdrawn,

— evaluation reports established by notified bodies, when demanded by other authorities.

The Member States and Switzerland shall ensure that all necessary information relating to the certificates and quality system approvals is made available to bodies they have notified.

Each Party shall inform the other Party which competent authorities it has designated for such an exchange of information.

4.2. Technical documentation and declaration of conformity

It shall be sufficient for manufacturers, their authorised representatives or the person responsible for placing products on the market to hold the technical documentation and declarations of conformity required by the national authorities for inspection purposes at their disposal in the territory of one of the Parties for a period of at least 10 years after the last date of manufacture of the product.

The Parties hereby undertake to forward all relevant documents at the request of the authorities of the other Party.’