4. 3. 80 Official  Journal  of the  European  Communities No G 54/5 
Article  2 
The product  of these  borrowings  shall  be used  for 
loans  to finance  investment  projects  which  are carried 
out on Community  territory  and  which  are consistent 
with  priority  Community  objectives  in the  infra-
structure  and  energy  sectors. 
For the purposes  of this  tranche: 
infrastructure  investment  shall  cover  in particular 
transport,  telecommunications,  agricultural 
improvements,  water  supply  works,  environmental 
protection,  housing  and  advance  factories; energy  investment  shall  contribute  to greater  self-
sufficiency,  security  and  diversification  of 
Community  energy  supplies;  investment  shall 
ensure  the  development,  exploitation,  transpor-
tation  and  storage  of energy  resources;  particular 
attention  shall  be paid  to energy  conservation  and 
to the development  of alternative  energy  sources. 
Article  3 
The Commission  shall  decide  whether  or not  projects 
are eligible  in accordance  with  the  guidelines  laid 
down  in Article  3 of Decision  79/486/EEC. 
Proposal  for  a Council  Directive  on a special  Community  certification  procedure  for 
products  originating  in third  countries 
(Submitted  by the Commission  to the Council  on 11 February  1980) 
THE  COUNCIL  OF THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100  thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the  opinion  of the  European  Par-
liament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas  the  Council  Directives  tending  to remove 
the technical  barriers  to trade  and  providing  for 
Community  certification  procedures  have  been 
adopted  on the  basis  of Article  100  of the  Treaty; 
whereas  provisions  completing  these  procedures 
should  also  be based  on Article  100; 
Whereas,  in accordance  with  the  Agreement  on 
technical  barriers  to trade  and  Council  Decision 
80/45/EEC  of 15 January  1980  providing  for  the 
introduction  and  application  of  technical 
specifications  and  standards  (*), Community  certi-
(') OJ No.L  14, 19. 1. 1980,  p. 36. fication  procedures  may  also  be  applicable  to 
industrial  products  from  third  countries; 
Whereas  the  Access  to Community  certification  pro-
cedures  should  be  subordinated  to a control  of 
technical  production  data  in third  countries  which 
may differ  from  those  existing  in the Community  and 
that,  moreover,  it depends  on the  inexistence  of the 
conditions  referred  to in Article  14 (2) of the  said 
Agreement; 
Whereas  provision  should  therefore  be made  for  an 
appropriate  procedure  to monitor  these  factors; 
Whereas  this  Directive  applies  without  prejudice  to 
Community  provisions  which  are already  in force  for 
the recognition  of third  country  systems;  whereas, 
moreover,  it must  be possible  to adopt  special  pro-
cedures  whenever  the  specific  nature  of the  product 
or sector  in question  so requires, 
HAS  ADOPTED  THIS  DIRECTIVE: 
Article  1 
1. The  Community  certification  procedures 
provided  for  in the  Community  Acts  relating  to the 
removal  of technical  barriers  to trade  shall  apply  to 
No C 54/6 Official  Journal  of the  European  Communities 4. 3. 80 
industrial  products  from  third  countries,  if the 
procedure  laid  down  in this  Directive  leads  to a 
positive  result. 
2. However,  where  a special  agreement  exists 
between  the  Community  and  a third  country  on the 
mutual  recognition  of controls,  the  procedure  laid 
down  in this  Directive  may  be waived. 
3. As  and  when  necessary,  specific  procedures  may 
be laid  down  in Directives,  in order  to take  account 
of the special  features  of individual  products. 
Article  2 
For the purposes  of this  Directive  'EEC  certification' 
means  the  procedure  which  is  laid  down  in 
Community  Acts  and  which  requires,  prior  to the 
marketing  of a given  product,  the  issuing  of a certi-
ficate  of conformity  in respect  of that  product  or of a 
model  representative  of  the  product  or  of  a 
prototype,  together  with  the  Act(s)  concerned, 
irrespective  of whether  this  certiiicate  is issued  by a 
Member  State  or by an approved  body,  as laid  down 
in the abovementioncci  arts. 
Article  3 
1. Member  States  shall  take  every  appropriate  step 
to ensure  that  they  are  informed  of any  Application 
for EEC  certification  in respect  of a product  manu-
factured  in a third  country,  and  that  the  Community 
certification  procedure  only  be initiated  at the expiry 
of the procedure  set out  in this  Article. 
2. When  such  an application  has  been  submitted, 
the Member  State  concerned  shall  examine  whether: 
(a) the  applicant  is willing  and  able  to satisfy  the 
technical  requirements  of the  Community  certi-
fication  procedure; 
(b) the  conditions  referred  to in the  first  sentence  of 
Article  14  (2)  of the  Agreement  on  technical 
barriers  to trade  run  the  risk  of not  being 
fulfilled. 
3. The  Member  State  concerned  shall  notify  the 
other  Member  States  and  the  Commission  of the 
conclusions  of  the  examination  referred  to  in 
paragraph  2. 
4. If  within  20 days  of these  conclusions  being 
dispatched  no  objection  has  been  lodged  by  a Member  State  or by the  Commission,  the  Member 
State  shall  either  refuse  access  to the Community  certi-
fication  procedure  or shall  initiate  this  procedure  in 
accordance  with  the abovementioned  conclusions. 
5. Where  objections  to these  conclusions  have  been 
lodged,  the  Commission  shall  convene,  at the earliest 
opportunity,  the Committee  referred  to in Article  4. 
In such  an event,  appropriate  measures  shall  be taken 
in accordance  with  the  procedure  laid  down  in 
Article  5. 
Article  4 
1. A  committee  on EEC  certification  of products 
subject  to Community  Acts  aimed  at the  removal  of 
technical  barriers  to trade,  hereinafter  referred  to as 
'the Committee',  is hereby  set up;  it shall  consist  of 
representatives  of the  Member  States  with  a re-
presentative  of the Commission  as chairman. 
2. The  Committee  shall  adopt  its own  rules  of 
procedure. 
Article  5 
1. Where  the  procedure  laid  down  in this  Article  is 
to be  followed,  matters  shall  be  referred  to the 
Committee  by  the  chairman,  either  on  his  own 
initiative  or at the  request  of the  representative  of a 
Member  State. 
2. The  representative  of the  Commission  shall 
submit  to the  Committee  a draft  of the  decisions  to 
be taken. 
The Committee  shall  deliver  its opinion  on the  draft 
within  a time  limit  set by the chairman  having  regard 
to the  urgency  of the  matter.  Opinions  shall  be 
adopted  by  a majority  of 41  votes,  the  votes  of 
Member  States  being  weighted  as provided  for  in 
Article  148  (2) of the  Treaty.  The  chairman  shall  not 
vote. 
3. On  obtaining  the  opinion  of the  Committee,  the 
Commission  shall  adopt  its decision  and  notify  the 
Member  States  accordingly. 
4. Where  this  decision  is not  in accordance  with 
the opinion  of the  Committee,  it shall  become  final  if 
within  20 days  of notification  Ao Member  State  has 
referred  the  matter  to the  Council  or if, in the  event 
of such  referral,  the  Council  has  not  amended  this 
decision  by a qualified  majority  within  60 days  of its 
referral. 
4. 3. 80 Official  Journal  of the  European  Communities No C 54/7 
Article  6 
The Committee  shall  be empowered  to examine  any 
other  matter  raised  by its chairman  and  falling  within 
the scope  of this  Directive,  either  on the  chairman's 
own initiative  or at the  request  of the  representative 
of a Member  State. 
Article  7 
1. Member  States  shall  bring  into  force  the 
provisions  necessary  in order  to comply  with  this Directive  before  1 July  1980  and  shall  forthwith 
inform  the Commission  thereof. 
2. Once  this  Directive  has  been  notified,  Member 
States  shall  ensure  that  the  Commission  is informed, 
in sufficient  time  to enable  it to submit  its comments, 
of any  draft  laws,  regulations  or  administrative 
provisions  which  they  intend  to adopt  in the  field 
covered  by this  Directive. 
Article  8 
This  Directive  is addressed  to the Member  States.