Proposal for a COUNCIL DECISION Concerning the Community position within the Association Committee established by the Europe Agreement between the European Communities and their Member States, on the one part, and Hungary, on the other part, on the addition of Annexes to the Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products (PECA)

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Europe Agreement [1] (EA) establishing an Association between the European Communities and their Member States, on the one part, and Hungary, on the other part, came into force on 1 February 1994. A Protocol [2] to the EA on Conformity Assessment and Acceptance of Industrial Products (PECA) was signed on 26 February 2001 and entered into force on 1 June 2001.

[1] OJ L347, 13.12.1993, p. 1.

[2] OJ L135, 17.05.2001, p. 37.

The PECA facilitates trade through the elimination of technical barriers to trade in the (industrial) sectors, which it covers. Annexes to the PECA specify these particular sectors (e.g. hot-water boilers, gas appliances) and list the relevant Community and Hungarian legislation, notifying bodies and any specific arrangements, for example safeguard clauses.

Following analysis by the Commission services, it is judged that Hungary has now aligned its legislation, administrative structures and procedures to such an extent that it is possible to consider the addition of two new annexes to the existing eight which make up its PECA. The annexes concern the mutual recognition of results of conformity assessment on equipment and protective systems intended for use in potentially explosive atmospheres (ATEX) and on pressure equipment.

Article 14 of the Protocol on Conformity Assessment and Acceptance of Industrial Products foresees that the Association Council can decide to add new annexes to the PECA. However, it also states that the Association Council may delegate the responsibilities set out under the Protocol, in conformity with Article 108 (2) of the Europe Agreement. Decision No. 5/2002 of the EU-Hungary Association Council of 11 October 2002 delegates the management of the PECA to the Association Committee. [3] This shall also include the addition of new annexes. Article 3(3) of the Decision concluding the PECA [4] specifies that the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, in such cases shall be determined by the Council, acting by qualified majority on a proposal by the Commission.

[3] OJ L338, 14.12.2002, p. 32.

[4] OJ L135, 17.05.2001, p. 2.

The attached Proposal has no financial implications.

For the reasons set out above, the Council is invited to adopt the annexed decision.

Proposal for a COUNCIL DECISION Concerning the Community position within the Association Committee established by the Europe Agreement between the European Communities and their Member States, on the one part, and Hungary, on the other part, on the addition of Annexes to the Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products (PECA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Council Decision of 4 April 2001 on the conclusion of a Protocol on Conformity Assessment and Acceptance of Industrial Products [5] with Hungary and in particular Article 3(3) thereof,

[5] OJ L 135, 17.05.2001, p. 37.

Having regard to the proposal from the Commission [6],

[6] OJ C , , p. .

Whereas:

(1) The Europe Agreement between the European Communities and their Member States, on the one part, and Hungary, on the other part, entered into force on 1 February 1994 [7]

[7] OJ L347, 13.12.1993, p. 1.

(2) The Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products (PECA), signed in Brussels on 26 February 2001, entered into force on 1 June 2001 [8]

[8] OJ L135, 17.05.2001, p. 3.

(3) Article 14 of the Protocol on Conformity Assessment and Acceptance of Industrial Products foresees that the Association Council can decide to add new annexes to the PECA. However, it also states that the Association Council may delegate the responsibilities set out under the Protocol, in conformity with Article 108 (2) of the Europe Agreement. Decision No. 5/2002 of the EU-Hungary Association Council of 11 October 2002 delegates the management of the PECA to the Association Committee. [9] This shall also include the addition of new annexes. Article 3(3) of the Decision concluding the PECA [10] specifies that the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, in such cases shall be determined by the Council, acting by qualified majority on a proposal by the Commission.

[9] OJ L338, 14.12.2002, p. 32.

[10] OJ L135, 17.05.2001, p. 2.

(4) The position of the Community should be established with respect to the addition of annexes to the PECA on the mutual recognition of results of conformity assessment on equipment and protective systems intended for use in potentially explosive atmospheres (ATEX) and on pressure equipment.

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be taken by the Community within the Association Committee established by the Europe Agreement between the European Communities and their Member States, on the one part, and Hungary, on the other part, on the addition of Annexes to the Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products (PECA) is contained in the attached draft decision of the Association Committee.

Done at Brussels,

For the Council

The President

ANNEX 1

Draft Decision No. .../03 of the Association Committee established by the Europe Agreement between the European Communities and their Member States , on the one part, and Hungary, on the other part

of ..... 2003

on the Addition of Annexes to the Protocol to the Europe Agreement on Conformity Assessment and the Acceptance of Industrial Products

THE ASSOCIATION COMMITTEE,

Having regard to the Europe Agreement [11] establishing an association between the European Communities and their Member States, on the one part, and Hungary on the other part,

[11] OJ L347, 13.12.1993, p. 1

Having regard to the Protocol to the Europe Agreement on Conformity Assessment and the Acceptance of Industrial Products [12], and in particular to Article 14 (b) thereof

[12] OJ L135, 17.05.2001, p. 37

Whereas the Protocol on Conformity Assessment and Acceptance of Industrial Products (PECA) entered into force on 1 June 2001 [13]

[13] OJ L135, 17.05.2001, p. 37

Whereas Article 14 (2) of the said protocol foresees that the Association Council can delegate the responsibilities set out under the PECA to the Association Committee

Whereas Decision No. 5/2002 of the EU-Hungary Association Council of 11 October 2002 delegates the management of the PECA to the Association Committee [14]

[14] OJ L338, 14.12.2002, p. 32.

Whereas extension of the PECA to cover additional sectors will further eliminate technical barriers to trade between the parties

Whereas it is considered that Hungary has now aligned its legislation, administrative structures and procedures in the areas concerned

HAS DECIDED AS FOLLOWS:

Article 1

Following the alignment of the relevant Hungarian legislation administrative structures and procedures, the following new annexes are hereby added to the PECA.

Mutual recognition of conformity assessment:

* Equipment and protective systems intended for use in potentially explosive atmospheres (ATEX),

* Pressure equipment

The text of these annexes is attached.

Article 2

This decision shall enter into force on the day of its adoption.

Done at Brussels, .... 2003

For the Association Committee

The President

ANNEX 2

Annex on mutual recognition

of results of conformity assessment

PRESSURE Equipment

SECTION I

Community and National law

Community law: // Council Directive 87/404/EEC of 25 June 1987 on the approximation of the laws of the Member States relating to simple pressure vessels (OJ L 220, 08.8.1987, p. 48), as last amended by Council Directive 93/68/EEC of 22 July 1993(OJ L 220, 30.8.1993, p. 1).

European Parliament and Council Directive 97/23/EC of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment (OJ L 181, 9.7.1997, p. 1).

National law: // Decree No 48/2002 (XII.28.) GM of the Minister for Economy and Transport on the modification of the Decree No. 9/2001 (IV.5.) GM of the Minister for Economic Affairs on the safety requirements related to and the conformity assessment of pressure equipment and assemblies.

SECTION II

NOTIFYING AUTHORITIES

European Community:

* Belgium // Ministère des Affaires Economiques/Ministerie van Economische Zaken.

* Denmark // Direktoratet for Arbejdstilsynet.

* Germany // Bundesministerium für Arbeit und Sozialordnung.

* Greece // Õðïõñãåßï ÁíÜðôõîçò. ÃåíéêÞ Ãñáììáôåßá Âéïìç÷áíßáò. (Ministry of Development. General Secretariat of Industry).

* Spain // Ministerio de Ciencia y Tecnología

* France // Ministère de l'économie, des finances et de l'industrie, Direction de l'Action Régionale de la Petite et Moyenne Industrie (DARPMI), Sous-direction de la sécurité industrielle.

* Ireland // Department of Enterprise and Employment.

* Italy // Ministero dell'Industria, del Commercio e dell'Artigianato.

* Luxembourg // Ministère du Travail et de l'Emploi.

* Netherlands // Ministerie van Sociale Zaken en Werkgelegenheid.

* Austria // Bundesministerium für Wirtschaft und Arbeit.

* Portugal // Under the authority of the Government of Portugal: Instituto Português da Qualidade.

* Finland // Kauppa-ja teollisuusministeriö/Handels- och industriministeriet.

* Sweden // Under the authority of the Government of Sweden: Styrelsen för ackreditering och teknisk kontroll (SWEDAC).

* United Kingdom // Department of Trade and Industry.

Hungary // Ministry of Economy and Transport

SECTION III

NOTIFIED BODIES

European Community:

Bodies which have been notified by the Member States of the Community in accordance with the Community law of Section I and notified to Hungary in accordance with Article 10 of this Protocol.

Hungary:

Bodies which have been authorised by Hungary in accordance with the Hungarian national law of Section I and notified to the Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

Safeguard Clauses

A. Safeguard clause relating to industrial products.

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision and how non compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge and shall report to each other the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association Council who may decide to have an expertise carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

B. Safeguard clause relating to harmonised standards.

1. Where Hungary considers that a harmonised standard referred to in the legislation defined in this Annex, does not meet the essential requirements of such legislation, it shall inform the Association Council giving the reasons thereof.

2. The Association Council shall consider the matter and may request the Community to proceed in accordance with the procedure provided for in the Community legislation identified in the present annex.

3. The Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.

ANNEX 3

Annex on Mutual Recognition of results of Conformity Assessment

Equipment and Protective Systems intended for use in Potentially Explosive Atmospheres

Section I

Community and national law

Community law: // European Parliament and Council Directive 94/9/EC of 23 March 1994 on the approximation of the laws of the Member States relating to Equipment and Protective Systems intended for use in Potentially Explosive Atmospheres (OJ L 100, 19.4.1994, p.1).

National law: // Decree No. 8/2002 (II.16.) GM of the Minister of Economic Affairs on the testing and certification of equipment and protective systems intended for use in potentially explosive atmospheres, as last amended by Decree 31/2003 (V.16) GKM (Magyar Közlöny 52, 16 May 2003, p.4665)

Section II

Notifying authorities

European Community

- Belgium: // Ministère des Affaires Economiques/Ministerie van Economische Zaken.

- Denmark: // For electrical aspects:

Økonomi- og Erhvervsministeriet, Elektricitetsrådet

For mechanical aspects:

Arbejdsministeriet, Arbejdstilsynet

- France: // Ministère de l'économie, des finances et de l'industrie, Direction de l'Action Régionale et de la Petite et Moyenne Industrie (DARPMI), Sous-direction de la sécurité industrielle

- Germany: // Bundesministerium für Arbeit und Sozialordnung

- Greece: // Õðïõñãåßï ÁíÜðôõîçò. ÃåíéêÞ Ãñáììáôåßá Âéïìç÷áíßáò (Ministry of Development. General Secretariat of Industry).

- Spain: // Ministerio de Ciencia y Tecnología.

- Ireland: // Department of Enterprise and Employment

- Italy: // Ministero delle Attività Produttive

- Luxembourg: // Ministère de l'Economie - Service de l'Energie de l'Etat

- Netherlands: // Minister van Sociale Zanken en Werkgelegenheid

- Austria: // Bundesministerium für Wirtschaft und Arbeit

- Portugal: // Under the authority of the Government of Portugal:

Instituto Português da Qualidade

- Finland: // Kauppa- ja teollisuusministeriö / Handels-och industriministeriet

- Sweden: // Under the authority of the Government of Sweden :

Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

- United Kingdom: // Department of Trade and Industry

Hungary: // Ministry of Economy and Transport

Section III

Notified bodies

European Community

Bodies which have been notified by the Member States of the Community in accordance with the Community law of Section I and notified to Hungary in accordance with Article 10 of this Agreement.

Hungary

Bodies which have been authorised by Hungary in accordance with the Hungarian national law of Section I and notified to the Community in accordance with Article 10 of this Agreement.

Section IV

Specific arrangements

1. Transitional arrangements

The certificates issued in the EC Member States in conformity with Directives 76/117/EEC, 79/196/EEC and 82/130/EEC will be recognised as a proof of conformity assessment under the Hungarian Act. Based on these certificates, the importer of these products in Hungary will issue a declaration of conformity of the relevant product to the applicable requirements referred to in this paragraph.

2. Safeguard Clauses

A. Safeguard clause relating to industrial products.

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision and how non compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Joint Committee who may decide to have an expertise carried out.

5. Where the Joint Committee finds that the measure is:

(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

B. Safeguard clause relating to harmonised standards:

1. Where Hungary considers that a harmonised standard referred to in the legislation defined in this Annex, does not meet the essential requirements of such legislation, it shall inform the Joint Committee giving the reasons therefor.

2. The Joint Committee shall consider the matter and may request the Community to proceed in accordance with the procedure provided for in the Community legislation identified in this Annex.

3. The Community shall keep the Joint Committee and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.