EN Official Journal of the European Union L 40/15

DECISION No 1/2005 OF THE EU-BULGARIA ASSOCIATION COUNCIL

of 9 March 2005

on the participation of Bulgaria in the Community system for the rapid exchange of information on dangers arising from the use of consumer products (RAPEX system) under Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety

(2006/82/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed in Brussels on 8 March 1993, and in particular Article 93 thereof,

Having regard to Directive 2001/95/EC (1) of the European Parliament and of the Council, and in particular Article 12 thereof,

Having regard to the letter, dated 28 November 2003, addressed by the Mission of the Republic of Bulgaria to the European Communities to the Director-General for Health and Consumer Protection requesting the Commission to initiate the procedures to enable Bulgaria's access to the RAPEX system,

Whereas:

(1) Article 93 of the Europe Agreement establishes that the Parties shall cooperate with the aim of achieving full compatibility of the systems of consumer protection in Bulgaria and the Community. To this end, cooperation shall comprise, amongst other things and within existing possibilities, the exchange of information and access to Community databases.

(2) Article 12(4) of Directive 2001/95/EC establishes that access to RAPEX shall be open to applicant countries, within the framework of agreements between the Community and those countries, according to arrangements defined in these agreements. Any such agreements shall be based on reciprocity and include provisions on confidentiality corresponding to those applicable in the Community.

(3) Annex II of Directive 2001/95/EC establishes the procedures for the application of RAPEX and guidelines for notification.

(4) The Commission has adopted guidelines for the management of RAPEX, as required by point 8 of Annex II to Directive 2001/95/EC, on 29 April 2004 (2).

(5) Bulgaria has actively participated, from its start in May 1999, in TRAPEX (Transitional system for rapid exchange of information), the system that mirrors the activities of RAPEX for the applicant countries,

HAS DECIDED AS FOLLOWS:

Article 1

Bulgaria shall participate in the RAPEX system with the same rights and obligations as the current members, in accordance with the relevant provisions of Directive 2001/95/EC and the RAPEX guidelines.

Article 2

Bulgaria shall apply the same confidentiality principles as those applied by the other members of RAPEX.

Article 3

In cooperation with the Commission services, Bulgaria shall make the necessary practical arrangements to ensure that it is in a position to comply fully with the requirements set out in Directive 2001/95/EC and the procedures included in the RAPEX guidelines.

The Commission shall in particular provide initial training of Bulgarian officials for use of the RAPEX application.

Article 4

Any problems that may arise from the application of this Decision shall be solved through direct contacts between the Commission services and the Bulgarian authorities in the context of RAPEX. Whenever this does not lead to a mutually acceptable solution, an exchange of views shall take place in the Association Council at the request of one Party within three months following the request.

Following this exchange of views, or after expiry of the period referred to in the above subparagraph, the Association Council may make appropriate recommendations for the settlement of those problems.

These procedures in the Association Council are without prejudice to any action under the respective consumer protection laws in force in the territory of the Parties.

Article 5

This Decision shall enter into force on the day on which it is adopted.

Done at Brussels, 9 March 2005. For the Association Council The President J. ASSELBORN

(1) OJ L 11, 15.1.2002, p. 4.

(2) OJ L 151, 30.4.2004, p. 86, corrected by OJ L 208, 10.6.2004, p. 73.