ATTACHMENT A

In Annex 1, Product Sectors, Chapter 16, Construction products should be deleted and replaced by the following:

‘CHAPTER 16

CONSTRUCTION PRODUCTS

SECTION I

Legislative, regulatory and administrative provisions

Provisions covered by Article 1(2):

SECTION II

Conformity assessment bodies

1. For the purposes of this Chapter, and according to the Parties' legislation in Section I of this Chapter, “Conformity assessment bodies” mean the bodies designated to carry out tasks in the process of assessment and verification of constancy of performance (AVCP) as well as Technical Assessment Bodies (TABs) which are members of the European Organisation for Technical Assessment (EOTA).

2. 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 this Agreement, a list of the conformity assessment bodies.

SECTION III

Designating authorities

The Committee established under Article 10 of this Agreement shall draw up and keep up to date a list of the designating authorities and the competent authorities notified by the Parties.

SECTION IV

Special rules relating to the designation of conformity assessment bodies

For the designation of conformity assessment bodies, the designating authorities shall comply with the general principles contained in this Agreement.

SECTION V

Supplementary provisions

1. Amendments to legislative, regulatory and administrative provisions of Section I

Without prejudice to Article 12(2) of this Agreement, the European Union shall notify Switzerland of implementing and delegated acts of the Commission under Regulation (EU) No 305/2011 adopted after 15.12.2014 without delay after their publication in the Official Journal of the European Union.

Switzerland shall notify the European Union without delay of the relevant amendments of the Swiss legislation.

2. Implementation

The Parties' competent authorities and the organisations in charge of determining, in accordance with Regulation (EU) No 305/2011, the:

— essential characteristics for which the manufacturer shall declare the performance of products,

— classes of performance and threshold levels in relation to the essential characteristics of construction products,

— conditions on which a construction products shall be deemed to satisfy a certain level or class of performance, or

— AVCP-systems applicable to a given construction product,

shall mutually respect the regulatory needs of the Member States and Switzerland.

3. European harmonised standards for construction products

(a) For the purpose of this Agreement, after their publishing in the Official Journal of the European Union according to Article 17(5) of the Regulation (EU) No 305/2011, Switzerland will publish the reference of the European harmonised standards for construction products, providing methods and criteria for assessing the performance of construction products, including: — classes of performance and threshold levels in relation to the essential characteristics of construction products, — conditions under which construction products are deemed to satisfy a certain level or class of performance without testing.

(b) When Switzerland considers that a harmonised standard does not entirely satisfy the requirements set out in the legislation listed in Section I, the Swiss competent authority may ask the European Commission to consider the case in accordance with the procedure provided for in Article 18 of Regulation (EU) No 305/2011. Switzerland may bring the matter before the Committee, giving its arguments. The Committee shall consider the case and may ask the European Union to act in accordance with the procedure provided for in Article 18 of Regulation (EU) No 305/2011.

4. European Technical Assessments (ETAs)

(a) Switzerland shall be entitled to designate TABs to issue ETAs. It shall make sure that designated TABs become members of EOTA and participate in its work, in particular for developing and adopting European Assessment Documents according to Article 19 of Regulation (EU) No 305/2011. Procedures and decisions of EOTA shall also apply for the purpose of this Agreement.

(b) European Assessment Documents issued by EOTA, and ETAs issued by the TABs are recognised by both Parties for the purpose of this Agreement.

(c) Where a TAB receives a request for a ETA for a product not fully covered by a harmonised standard as in Article 21(1) of Regulation (EU) No 305/2011, it shall inform EOTA and the Commission of the content of the request and of the reference to a relevant Commission legal act for assessment and verification of constancy of performance which the TAB intends to apply for that product, or of the lack of such a legal act.

(d) If the TABs do not agree upon the European Assessment Document within the time limits provided for, EOTA shall submit this matter to the Commission. In case of a disagreement involving a Swiss TAB, the Commission may consult the Swiss designating authority when it resolves a matter pursuant to Article 23 of Regulation (EU) No 305/2011.

(e) When Switzerland considers that a European Assessment Document does not entirely satisfy the requirements to be met in relation to the basic requirements for construction works set out in the legislation in Section I of this Chapter, the Swiss competent authority may ask the European Commission to act in accordance with the procedure in Article 25 of Regulation (EU) No 305/2011. Switzerland may bring the matter before the Committee, giving its arguments. The Committee shall consider the case and may ask the European Union to act in accordance with the procedure provided for in Article 25 of Regulation (EU) No 305/2011.

5. Information exchanges

(a) In accordance with Article 9 of this Agreement, the Parties shall exchange information needed to ensure a proper implementation of this Chapter.

(b) Pursuant to Article 12(3) of this Agreement, Member States and Switzerland shall designate Product Contact Points for Construction, which shall exchange relevant information upon request.

(c) Should Switzerland have regulatory needs, it may propose the adoption of provisions, in particular so as to determine essential characteristics for which the performance shall be declared, or as to establish classes of performance, threshold levels in relation to essential characteristics of construction products, or conditions under which construction products are deemed to satisfy a certain level or class or performance without testing, as in Article 3 and Article 27 of Regulation (EU) No 305/2011.

6. Market access and technical documentation

(a) For the purpose of this Chapter, the following definitions shall apply: — importer: any natural or legal person established within the European Union or Switzerland who places a construction product from a third country on the European Union or the Swiss market, — authorised representative: any natural or legal person established within the European Union or Switzerland who has received a written mandate from a manufacturer to act on his behalf in relation to specific tasks, — distributor: any natural or legal person in the supply chain, other than the manufacturer or the importer who makes a construction product available on the European Union or on the Swiss market.

(b) Pursuant to the legislation in Section I of this Chapter, manufacturers and importers shall indicate on the construction product or, where that is not possible, on its packaging or in a document accompanying it, their name, registered trade name or trade mark and their contact address.

(c) It shall be sufficient for manufacturers, their authorised representative or importers to keep the declaration of performance and the technical documentation at the disposal of national authorities for the period required by the legislation in Section I after the date of placing the product on either Party's market.

(d) Manufacturers, their authorised representatives, or importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and its compliance with other applicable requirements in this Chapter in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have placed on the market.

7. Exchange of experience

Swiss national authorities may take part in the exchange of experience between the Member States' national authorities referred to in Article 54 of Regulation (EU) No 305/2011.

8. Coordination of designated notified bodies

Swiss notified bodies may take part in the coordination and cooperation mechanisms provided for in Article 55 of Regulation (EU) No 305/2011, directly or by means of designated representatives.

9. Procedure for dealing with construction products presenting a risk caused by non-compliance that is not restricted to their national territory

Pursuant to Article 12(4) of this Agreement, where the market surveillance authorities of a Member State or Switzerland have taken action or have sufficient reasons to believe that, owing to a non-compliance with the provisions of the legislation referred to in Section I of this Chapter, a construction product presents a risk caused by non-compliance that they consider not restricted to their national territory, they shall inform each other and the European Commission without delay:

— of the results of the evaluation they have carried out and of the actions which they have required the relevant economic operator to take,

— where the relevant economic operator does not take adequate corrective action, of appropriate provisional measures taken to prohibit or restrict the making available of the construction product on their national market, to withdraw the construction product from that market or to recall it. This information shall include the details set out in Article 56(5) of Regulation (EU) No 305/2011.

Member States or Switzerland shall inform without delay the European Commission and the other national authorities of any measures adopted and of any additional information at their disposal relating to the non-compliance of the construction product concerned.

Member States and Switzerland shall ensure that appropriate restrictive measures are taken without delay in respect of the construction product concerned, such as withdrawal of the construction product from their market.

10. Safeguard procedure in case of objections against national measures

Should Switzerland or a Member State disagree with the national measure in Paragraph 9 above, it shall inform the European Commission of its objections within 15 working days of receipt of the information.

Where, on completion of the procedure set out in Paragraph 9 above, objections are raised by a Member State or Switzerland against a measure taken by Switzerland or a Member State or where the Commission considers a national measure to be non-compliant with the relevant legislation referred to in Section I, the Commission shall, without delay, enter into consultation with the Member States, Switzerland and the relevant economic operator or operators. It shall evaluate the national measure, in order to determine whether the national measure is justified or not. If the national measure is considered:

— justified, all Member States and Switzerland shall take the measures necessary to ensure that the non-compliant construction product is withdrawn from their markets, and shall inform the Commission accordingly,

— unjustified, the Member State concerned or Switzerland shall withdraw it.

In both cases, a Party may forward the issue to the Committee, pursuant to Paragraph 12.

11. Compliant construction products which nevertheless present a risk to health and safety

Where a Member State or Switzerland finds that, although a construction product has been made available on the EU and on the Swiss market in compliance with the legislation referred to in Section I of this Chapter, the construction product presents a risk for the fulfilment of the basic requirements for construction works, to the health or safety of persons or to other aspects of public interest protection, it shall take all appropriate measures and immediately inform the Commission, other Member States and Switzerland. That information shall include all available details, in particular the data necessary for the identification of the construction product concerned, the origin and the supply chain of the product, the nature of the risk involved and the nature and duration of the national measures taken.

The Commission shall without delay enter into consultation with the Member States, Switzerland, and the relevant economic operator(s) and shall evaluate the national measures taken, in order to determine whether the national measure is justified or not.

A Party may forward the issue to the Committee, pursuant to Paragraph 12.

12. Safeguard clause in case of remaining disagreement between the Parties

In case of a disagreement between the Parties on measures at stake in Paragraph 10 and 11 above, the issue will be forwarded to the Committee, which will decide on an appropriate course of action, including the possibility to have an expert study carried out.

Where the Committee considers that the measure is:

(a) justified, the Parties shall take the measures necessary to ensure that the product is withdrawn from their market;

(b) unjustified, the national authority of the Member State or Switzerland shall withdraw it.

DECLARATION FROM THE EUROPEAN COMMISSION

In order to ensure the effective application and implementation of the Chapter on construction products in Annex 1 to the Agreement and in so far as Switzerland has adopted the relevant EU acquis or equivalent measures under the Chapter on construction products, the Commission will, in accordance with the Council Declaration on Swiss attendance of committees (1) and Article 100 of the Agreement on the European Economic Area, consult Swiss experts in the preparatory stages of draft measures to be submitted subsequently to the Committee established by Article 64 of Regulation (EU) No 305/2011 to assist the Commission in the exercise of its executive powers.

The Commission also notes that the Chairman of the Committee established pursuant to Article 64 of Regulation (EU) No 305/2011 may decide to invite Swiss experts to talk on particular matters, at the request of a member or on his or her own initiative, in particular in those matters of direct relevance to Switzerland.’