Proposal for a COUNCIL DECISION Concerning the conclusion of an Agreement in the form of an exchange of letters in the area of certification of industrial products under the framework of the Europe Agreement between the European Community and its member states of the one part, and the Republic of Poland of the other part
Date: 1996-06-12
Institutions: European Commission
Subjects: Poland, agreement (EU), approval, free movement of goods, industrial product

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  12.06.1996 
COM(96) 260 final 

96/0153  (ACC) 

Proposal  for  a 

COUNCIL  DECISION 

Concerning  the conclusion  of an Agreement in the form of an exchange  of  letters in the 
area of certification  of industrial  products under the framework of the Europe Agreement 
between  the  European  Community  and  its  member  states  of  the  one  part,  and  the 
Republic of Poland of the other part 

(presented  by  the  Commission) 

Explanatory  Memorandum 

The  Polish  certification  system  that  came  into  force  in  May  1995  contained  certain 
provisions  that  were  of  concern  to  the  Community  in  regards  to  exports  of  industrial 
products  originating  from  the Community. The concern was justified  by the fact  that the 
Polish  certification  system  required  a long  list  of industrial  products to be  subject  to an 
obligatory certification  procedure in Poland thus creating difficulties  to trade. 

The Association  Committee  of the Europe  Agreement has therefore  found it essential to 
regulate  the  matter  bilaterally  by  forming  a Working  Group on  certification  aiming at 
solving  these  problems.  Gradual  progress  was  made  in  the  early  meetings  of  this 
Working  Group and the  list  of products that was  subject to the  obligatory  certification 
procedure in Poland was reduced. 

At a meeting  of the Commission with the Polish Authorities held in Warsaw on 20- 22 
February  1996,  a  global  approach  to  certification  was  established  by  both  sides 
addressing the different  issues of certification  such as access of Community products to 
the  Polish  market,  approximation  of  Polish  legislation  in  relation  to  EC  Directives, 
mutual  recognition  agreements  and  technical  assistance.  This  approach  has  for  its 
purpose  to  regulate  the  issue  of  certification  in  its  entirety  rather  than  treating  each 
product  on  its  own  merits.  This  solution  has  been  considered  as  acceptable  by  the 
member states within the Council Central European Group. 

The Commission initialed the texts of this approach on 21 February 1996. 

It accordingly  invites the Council  to adopt the annexed proposal  for a Council  decision 
aiming at formalising this approach through an exchange of letters. 

1 

Proposal for a Council Decision 

Concerning the conclusion of an Agreement  in the form  of an exchange  of letters  in the 
area of certification  of industrial products under the framework  of the Europe Agreement 
between  the  European  Community  and  its  member  states  of  the  one  part,  and  the 
Republic of Poland of the other part, 

THE COUNCIL OF THE EUROPEAN UNION, 

having  regard  to  the  Treaty  establishing  the  European  Community  and  in  particular 
Article  113, in conjunction  with Article 228, paragraph 2, thereof, 

having regard to the proposal of the Commission, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement  in the form  of an exchange  of letters between the European  Community  and 
the  Republic  of  Poland  on  a  global  approach  to  certification  of  industrial  products  as 
described in the documents entitled " Annex to the minutes from the EU Commission-  Poland 
meeting  in  Brussels  21-22  November  1995" and  the  " Declaration  on  the  interpretation  of 
Modalities",  under  the  framework  of  the  Europe  Agreement  between  the  European 
Communities  and  their  Member  States,  of the  one part,  and  the  Republic  of  Poland,  of  the 
other part is hereby approved on behalf of the European Community. 

The texts of this Agreement on certification  are attached to this Decision. 

Article 2 

The president of the Council  is hereby authorised  to designate the person  empowered  to sign 
the Agreement in order to bind the Community. 

Done at Brussels, 

For the Council 

The President 

.3 

LETTER FROM THE COUNCIL OF THE EUROPE AN IJNION 

Sir, 

The European Community and the Republic of Poland have agreed under the 
framework  of the Europe Agreement, on the global approach to certification  of industrial 
products as described in the attached documents entitled " Annex to the minutes from the 
EU Commission-  Poland meeting in Brussels 21-22 November"  and the  "Declaration on 
the Interpretation of Modalities" which were initialed on 21 February  1996. 

This  Agreement  in  the  form  on  an  exchange  of  letters  shall  be  approved  by  the 
Contracting Parties in accordance with their respective procedures. It will enter into force 
when  Poland  notifies  completion  of the necessary  domestic procedure. In the  meantime 
the Agreement shall apply on a provisional basis from 21 February  1996. 

I should  be grateful  if you would  kindly confirm  the acceptance  of your Government  of 
the foregoing. 

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

For the Council 
of the European Union 

«v 

LETTER FROM THE GOVERNMENT OF THE REPUBLIC OF POT.AND 

Sir, 

I have the honour to receive your letter of 

which reads as follows: 

"Sir, 

The European Community and the Republic of Poland have agreed under the 
framework  of the Europe Agreement, on the global approach to certification  of industrial 
products as described in the attached documents entitled  " Annex to the minutes from  the 
EU Commission-  Poland  meeting in Brussels 21-22 November"  and the  "Declaration  on 
the Interpretation of Modalities" which were initialed on 21 February  1996. 

This  Agreement  in  the  form  on  an  exchange  of  letters  shall  be  approved  by  the 
Contracting Parties in accordance with their respective procedures. It will enter into  force 
when  Poland  notifies  completion  of the  necessary  domestic procedure.  In the  meantime 
the Agreement shall apply on a provisional basis from 21 February  1996. 

I should  be grateful  if you would  kindly  confirm  the acceptance  of your  Government  of 
the foregoing. 

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

I have the honour  to confirm  that  my  Government  is in agreement  with  the  contents  of 
your letter. 

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

For the Government of the Republic of Poland 

b> 

»x  .?  *  V> 

Annex to the minutes from the EU Commission - Poland meeting 

in Brussels 21-22.11.1995 

1. In the framework  of the Europe Agreement and, in particular, of its article 68,69, 70 

and 74, the declared objective of Poland is ultimately to apply the European Union standards 
and certification system. 

2. To this end, the cooperation between Poland and the EU will help Poland adopting 

the European Union's norms and certification methods in its own legal and regulatory 
corpus. 

3. To achieve this, the Commission and Poland will act on a mutually agreed plan and time 

schedule along the following lines. 

4. The Commission will provide Poland as soon as possible with: 

a) the necessary information  and communication systems; 

b) technical advice, training as required and consulting; 

c) the Commission will study the possibility and will supply technical support 

to upgrade the capacity and capability of  the Polish laboratories and  certification 
bodies. 

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

5. Following a proper assessment of the technical competences of the Polish  certification 
institutions, consideration will be given to mutual recognition agreements. Both parties 
declare their willingness to achieve the first positive results for such agreements in 1996, 
provided  that the Polish conformity  assessment institutions designated by the Polish 
authorities will fulfil the requirements established by the EU harmonised technical 
regulations. 

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6. Poland declares its intention to introduce in its legislation the relevant Community 

directives according to the conditions to be defined. 

7. Recognising the importance that Poland and the EU attach to the consumer's protection, 

it is agreed that: 

a) products legally marketed or certified originating in the Union will not be subject 
to any certification  procedure in Poland; to this end Polish party will perform all 
necessary changes in Polish legal regulations, within three months in relation to the 
competence  of the Council for Testing and Certification,  which then will be effected 
through  a new law to be submitted by the government to the Parliament by the end of 
1997 which will replace the existing law on testing and certification. 

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b) in accordance with the provisions established in thé above points, for those 
products subject to compulsory third party certification in the EU, the EU 
authorities will accept certificates issued by the Polish conformity assessment 
bodies designated by the Polish authorities, under the mutual recognition 
agreements to be signed between Poland and the EU, when the Polish conformity 
assessment bodies are deemed to be competent. 

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

8. Both parties will meet on a semeslrial basis in order to review the progress made in the 

implementation of the above provisions. 

9. The Polish party undertakes to put into place the appropriate legal provisions for the 

continuation of the non-application of sanctions. 

10. Both parties agree to formalise the present document through an exchange of letters. 

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DECLARATION ON THE INTERPRETATION MODALITIES. 

For  the  purpose  of  the  implementation  of  point  7a,  the 
manufacturer or the importer will provide either a third party 
certificate or a declaration of conformity required according to 
European  Community  law,  only  once  for  a  given  product.  The 
products  will  be  admitted  in  the  Polish  market  as  soon  as 
possible and, at the latest, two weeks after the presentation of 
these above documents. The cost of this procedure  is understood 
to be limited to normal administrative costs. A product admitted 
to be marketed on this basis in Poland will not be subject again 
to any such verification. 

In  conformity  with  the  relevant  Community  and  Member  States 
legislation, the civil or criminal liability of manufacturer can 
be searched before the national courts. 

8r 

ISSN 0254-1475 

COM(96) 260  final 

DOCUMENTS 

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11 

Catalogue number  : CB-CO-96-270-EN-C 

ISBN 92-78-05257-4 

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