Proposal for a COUNCIL DECISION concerning the Community position within the Association Council between the European Community and its Member States, of the one part, and Hungary, of the other part, on the delegation of power for the management of the Protocol on Conformity Assessment and Acceptance of Industrial Products (PECA)

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Europe Agreement (EA) establishing an Association between the European Communities and their Member States, of the one part, and Hungary, of the other part, came into force on 1 February 1994. A Protocol to the EA on Conformity Assessment and Acceptance of Industrial Products (PECA) was signed on 26 February 2001 and will enter into force on 1 June 2001.

Articles 10, 11, 14, and 16 as well as the annexes to the PECA give the Association Council the authorisation to take decisions for the proper functioning of the PECA. The Association Council's decision making power extends, for example, to the following issues:

- decisions regarding disagreements on the results of the verifications and suspensions, in part or totally, of any notified body

- amending the annexes of the PECA

- adding new annexes to the PECA

- appointing a joint team or teams of experts to verify the technical competence of a notified body and its compliance with the requirements

- exchanging information on proposed and actual modifications of the Community and national law referred to in the annexes

- considered new or additional conformity assessment procedures affecting a sector covered by an annex of the PECA

- resolving any questions relating to the application of this Protocol.

Many of these activities will require rapid action, others are of a technical nature which - in the context of the EA - are not usually handled by the Association Council itself, but by sub-committees or the Association Committee. Art. 14 of the PECA foresees therefore the possibility for the Association Council to delegate its responsibilities in conformity with Article 108(2) of the EA.

In order to simplify the management of the PECA, it is therefore proposed to delegate the responsibilities, which the Association Council has in the context of the PECA, to the Association Committee. The Association Committee in turn will designate a sub-committee, which will be responsible for the preparation of its decisions on the management of the PECA.

The Council is invited to adopt the annexed proposal for an Association Council decision to this effect.

2001/0183 (ACC)

Proposal for a COUNCIL DECISION concerning the Community position within the Association Council between the European Community and its Member States, of the one part, and Hungary, of the other part, on the delegation of power for the management of the Protocol on Conformity Assessment and Acceptance of Industrial Products (PECA)

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), second subparagraph thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C ...

Whereas:

(1) The Europe Agreement between the European Communities and their Member States, of the one part, and Hungary, of the other part, signed in Brussels on 4 October 1993, entered into force on 1 February 1994,

(2) The Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products, signed in Brussels on 26 February 2001, enters into force on 1 June 2001,

(3) The Protocol on Conformity Assessment and Acceptance of Industrial Products foresees that the Association Council is responsible for the effective functioning of the Protocol,

(4) The Protocol on Conformity Assessment and Acceptance of Industrial Products foresees that the Association Council may delegate its responsibilities in conformity with Article 108(2) of the Europe Agreement

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be taken by the Community within the Association Council between the European Community and its Member States, of the one part, and Hungary, of the other part, on the delegation of the management of the Protocol on Conformity Assessment and Acceptance of Industrial Products (PECA), is contained in the attached draft decision of the Association Council.

Done at Brussels,

For the Council

The President

ANNEX

Draft Decision No. .../00 of the Association Council between the European Communities and their Member States , of the one part, and Hungary, of the other part

Of ..... 2001

On the delegation of the Management of the Protocol on Conformity Assessment and Acceptance of Industrial Products

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement, in particular Article 108 (2)

Whereas the Protocol on Conformity Assessment and Acceptance of Industrial Products enters into force on 1 June 2001

Whereas the said protocol foresees that the Association Council may delegate its responsibilities set out under this protocol in conformity with Article 108(2) of the Europe Agreement.

HAS DECIDED AS FOLLOWS:

Sole Article

The rules of procedures of the Association Council are amended by introducing the following new paragraph after Article 13(2):

The Association Committee assures the effective functioning of the Protocol on Conformity Assessment and Acceptance of Industrial Products and takes the decisions, which the Association Council is entitled to take under this Protocol.

Done at Brussels, .... 2001

For the Association Council

The President