AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS between the European Community and the Republic of Poland regarding a Protocol on a European Conformity Assessment Agreement

A. Letter from the Community

Brussels, 30 July 1998.

Sir,

I have the honour to refer to the consultations which took place on 6 and 7 February 1997 between the European Community and the Republic of Poland concerning the Protocol on a European Conformity Assessment Agreement.

I confirm the agreement of the European Community on this Protocol, which is attached to this letter and which forms part of this letter.

I should be obliged if you would confirm the agreement of the Republic of Poland to the foregoing. This Agreement shall enter into force on the day on which your letter of confirmation is received.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Union

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B. Letter from the Republic of Poland

Brussels, 30 July 1998.

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

'I have the honour to refer to the consultations which took place on 6 and 7 February 1997 between the European Community and the Republic of Poland concerning the Protocol on a European Conformity Assessment Agreement.

I confirm the agreement of the European Community on this Protocol, which is attached to this letter and which forms part of this letter.

I should be obliged if you would confirm the agreement of the Republic of Poland to the foregoing. This Agreement shall enter into force on the day on which your letter of confirmation is received.`

I am able to confirm that the Republic of Poland is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Republic of Poland

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PROTOCOL ON A EUROPEAN CONFORMITY ASSESSMENT AGREEMENT

1. In the framework of the Europe Agreement and, in particular, of Articles 68, 69, 70 and 74 thereof, the declared objective of Poland is ultimately to apply the European Community standards and certification system.

2. To this end, the cooperation between Poland and the European Community will help Poland to adopt the principles applied by the European Community in the field of standards and conformity assessment in its own legislation and rules.

3. To achieve this, as well as for the realisation of this protocol, the European Commission and Poland will act on an agreed plan and time schedule along the following lines:

(a) The European Community will provide Poland with:

- the necessary information and communication procedures,

- technical advice and training as required and consultation.

The Community will study the possibility of upgrading the capacities of the Polish laboratories and certification bodies and will supply technical support to this end, including special equipment.

It is understood that technical and financial assistance will be provided in particular by the Phare programme, within the limits of available resources.

Such assistance shall be implemented through the list of actions and programmes, with priorities indicated, specified in Annex I. This list will be re-examined regularly and adapted as necessary. The objective of this assistance is to help Poland progressively to transpose Community legislation into the Polish legal system.

(b) The Parties decided that following an assessment of the technical competencies of the Polish Conformity Assessment Bodies (CABs) and testing laboratories, a European Conformity Assessment Agreement (ECAA) with sectoral annexes will be completed as a framework agreement. Both Parties declare their willingness to achieve positive results for such an agreement in 1997.

For this purpose both Parties will proceed as follows:

(b1) Poland will specify in written form the CABs, including the categories of products for which they are competent, to be assessed.

(b2) In the first half of 1997, the first three Polish CABs will be assessed by the relevant European Community (EC) experts at the expense of the European Community. Poland will specify those three CABs before the end of March 1997. The negotiations on an ECAA-framework shall start not later than one month after a positive evaluation of one of these CABs. An evaluation will be deemed positive whenever a Polish CAB fulfils the requirements established by the Community Directives covering its area of competence.(b3) Other CABs appearing on the list supplied by the Polish authorities will also be assessed by the relevant EC experts at the expense of the European Community. Thereafter, EC experts will conclude their evaluation and produce a report within three months.

(b4) For those other CABs for which the evaluation is positive, negotiations on the sectoral annexes of the framework shall start not later than one month after the evaluation. An evaluation will be deemed positive whenever a Polish CAB fulfils the requirements established by the Community Directives covering its area of competence.(b5) During the ECAA-negotiations, either on the framework agreement in relation to the first CABs or on the subsequent sectoral annexes of this agreement, the EC experts shall assess the level of approximation of Polish legislation to the relevant Community legislation covering the scope of competence of the given CAB. Negotiations will be concluded once the relevant Community legislation covering the area of competence of the CABs has been implemented.(b6) The objective is to conclude negotiations on the ECAA for a first number of sectors before the end of 1997. The ECAA will enter into force as soon as the internal procedures on both sides are completed including its publication in the Official Journals of both parties.

(b7) After the conclusion of a sectoral annex to the ECAA, the Polish CAB shall be designated by the Polish authorities and accordingly published in the Official Journal of the European Communities. Thereafter, the products certified and tested in accordance with the relevant Community Directives by this corresponding Polish CAB will be automatically accepted in the European Community as well as in Poland without any additional procedures.

(c) Poland declares its intention to introduce the relevant Community Directives into its national legal system as indicated in Annex II.

4. Poland will effect all necessary changes to achieve an EC-compatible certification system through new legislation to be submitted by the government to Parliament before the end of 1997.

5. In the context of the technical support of the European Community and the recognition of Polish CABs, during the interim period until this legislation enters into force:

(a) For products originating in the European Community which are subject to mandatory third party certification in the European Community, Poland will examine, with a view to their identification, testing reports and certification documents produced by notified bodies in the European Community. Once the documents issued by such bodies have been checked, Community products will be automatically given a B-safety certificate by the Polish CABs at the latest within three weeks after presentation of the relevant documents to the Polish CABs. The cost of this procedure will be limited to normal administrative costs (1).

(b) For products originating in the European Community which are subject to declaration of conformity by the manufacturer in the European Community, the Polish Government will present to Parliament, before the end of May 1997, a proposal for the necessary admendments to the law on testing and certification with a view to its early adoption under the accelerated procedure. This proposal will allow for the acceptance in Poland of EC declaration of conformity of producers in the European Community. As soon as these amendments are adopted, such products will be automatically given a B-safety certificate (2) by the Polish authorities. The cost of this procedure is understood to be limited to normal administrative costs (3). For products originating in Poland which are subject to declaration of conformity by the manufacturer in accordance with Community Directives, it is confirmed that such products will continue to be accepted in the Community.

(c) For products originating in the European Community which are not subject to any regulation or certification procedures in the European Community but which are subject to mandatory certification in Poland, the Polish Party undertakes to eliminate from the list of products subject to mandatory certification in Poland (as specified in Annex III):

- a first group of products, consisting of more than half of the aforementioned products, before the end of March 1997,

- the remaining products by the end of 1997.

The products concerned have been specified by the European Community in Annex III. The Polish Party will inform the European Community of the products removed from certification requirements after each reduction.

(d) In accordance with the provisions established above, for those products subject to compulsory third party certification in the European Community, the Community authorities will accept the EC certificates issued by the Polish CABs designated by the Polish authorities, under the ECAA after the signature of this agreement by Poland and the European Community, once the Polish conformity assessment bodies are deemed to be competent.

(e) Nevertheless, complaints from citizens, public entities or enterprises on the safety and quality of marketed or certified products originating in the European Community exported to Poland will be received by the Polish authorities, and may be notified to the European Commission together with all relevant information. In such cases, the parties shall immediately enter into consultations in order to find mutually acceptable solutions.

6. In order to ensure an effective implementation of this agreement and an appropriate harmonisation of the Polish conformity assessment system with the Community standards, both parties will intensify their cooperation, in particular with a view to encourage Poland's participation in the work of specialised organisations (CEN, Cenelec, ETSI, EOTC, EAL, EAC).

7. Both parties will meet on a half-yearly basis in order to review the progress made in the implementation of the above provisions. These meetings will provide for an opportunity to raise problems encountered in the trade flows between both sides and to ask for clarification concerning them.

8. Poland undertakes to adopt the appropriate legal provisions for the continuation of the non-application of sanctions.

9. Both parties agree to formalise this document through an exchange of letters.

(1) The administrative costs comprise only those defined in the price list of the certification body and amount on average to not more than 10 % of the price of the whole certification procedure.

(2) Or equivalent document as specified by the amended law on testing and certification.

ANNEX I

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ANNEX II

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ANNEX III

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