98/508/EC: Council Decision of 18 June 1998 on the conclusion of an Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia
Date: 1998-06-18
Institutions: Council of the European Union
Subjects: Australia, Community certification, EC conformity marking, agreement (EU), mutual recognition principle, quality label

17.8.98

EN

Official  Journal  of  the  European  Communities

L 229/1

II

(Acts  whose  publication  is  not  obligatory)

COUNCIL

COUNCIL  DECISION

of  18  June  1998

on the conclusion of an Agreement on mutual recognition in relation to conformity assessment,
certificates  and  markings  between  the  European  Community  and  Australia

(98/508/EC)

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(2), 
first
subparagraph,  and  Article  228(4)  thereof,

first  sentence,  and 

(3), 

Having  regard  to  the  proposal  from  the  Commission,

Whereas the Agreement on mutual recognition in relation
to  conformity  assessment,  certificates  and  markings
between  the  European  Community  and  Australia  has
been  negotiated  and  initialled  on  19  July  1996  and
should  be  approved;

Whereas  certain  tasks  for  implementation  have  been
attributed  to  the  Joint  Committee  established  by  the
Agreement, and in particular the power to amend certain
aspects  of  the  Sectoral  Annexes  thereto;

Whereas  the  appropriate  internal  procedures  should  be
established  to  ensure  the  proper  functioning  of  the
Agreement,  and  whereas  it  is  necessary  to  empower  the
Commission  to  make  certain  technical  amendments  to
the  Agreement  and  to  take  certain  decisions  for  its
implementation,

HAS  DECIDED  AS  FOLLOWS:

Article  1

The  Agreement  on  mutual  recognition  in  relation  to
conformity assessment, certificates and markings between

the  European  Community  and  Australia,  including  its
Annexes  and  the  Joint  Declarations  attached  thereto,
are  hereby  approved  on  behalf  of 
the  European
Community.

The  text  of  the  Agreement,  the  Annexes  and  the  Joint
Declarations  is  attached  to  this  Decision.

Article  2

The  President  of  the  Council  is  hereby  authorised  to
designate  the  persons  empowered  to  sign  the  Agreement
in  order  to  bind  the  Community  and  to  transmit,  on
behalf  of  the  Community,  the  note  provided  for  in
Article  14  of  the  Agreement (1).

Article  3

1.
The  Commission  shall  represent  the  Community  in
the  Joint  Committee  provided  for  in  Article  12  of  the
Agreement,  assisted  by  the  special  committee  designated
by  the  Council.  The  Commission  shall  proceed,  after
consultation  with 
the
to 
appointments,  notifications,  exchange  of 
information
and  requests  for  verifications  referred  to  in  Article  8(2)
and  Article  12(4)(c),  (d)  and  (e)  of  the  Agreement.

special  committee, 

this 

2.
The  position  of  the  Community  with  regard  to
decisions  to  be  taken  by  the  Joint  Committee  shall  be

(1) The  date  of  entry  into  force  of  the  Agreement  will  be
the  European

the  Official 

Journal  of 

published 
in 
Communities.

L 229/2

EN

Official  Journal  of  the  European  Communities

17.8.98

determined,  with  regard  to  amendments  of  Sections  I  to
IV  of  the  Sectoral  Annexes  (Article  12(4)(a)  and  (b)  and
(6)  of  the  Agreement)  and  verification  of  compliance  in
accordance  with  Article  8  and  Article  12(6)(d)  of  the
Agreement, by the Commission, following consultation of
the  special  Committee  referred  to  in  paragraph  1  of  this
Article.

3.
In  all  other  cases  the  position  of  the  Community  in
the  Joint  Committee  shall  be  determined  by  the  Council,
acting  by  qualified  majority  on  a  proposal  from  the
Commission.

Article  4

This Decision shall be published in the Official Journal of
the  European  Communities.

Done  at  Luxembourg,  18  June  1998.

For  the  Council

The  President

G.  STRANG