2002/609/EC: Council Decision of 25 June 2002 on the conclusion of an Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Lithuania, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)
Date: 2002-06-25
Institutions: Council of the European Union
Subjects: Lithuania, approval, association agreement (EU), committee (EU), industrial product, protocol to an agreement

31.7.2002

EN

Official Journal of the European Communities

L 202/19

COUNCIL DECISION

of 25 June 2002

on the conclusion of an Additional Protocol to the Europe Agreement establishing an Association
between the European Communities and their Member States, of the one part, and the Republic
of Lithuania, of the other part, on Conformity Assessment and Acceptance of Industrial Products
(PECA)

(2002/609/EC)

THE COUNCIL OF THE EUROPEAN UNION,

and in particular Article 133 thereof,

Having regard to the Treaty establishing the European
Community,
in
conjunction with the first sentence of the first subparagraph of
Article 300(2), the first sentence of the first subparagraph of
Article 300(3) and Article 300(4) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

The Europe Agreement
establishing an association
between the European Communities and their Member
States, of the one part, and the Republic of Lithuania of
the other part (1), entered into force on 20 February
1998.

Article 76(2) of the Europe Agreement provides that
standardisation and
fields of
cooperation in the
conformity
the
shall
conclusion of agreements on mutual recognition.

seek to achieve

assessment

Article 115(2) of the Europe Agreement provides that
the Association Council may delegate to the Association
Committee any of its powers.

Article 2 of Decision 98/150/EC, ECSC, Euratom of the
Council and the Commission of 19 December 1997 on
the conclusion of the Europe Agreement between the
European Communities and their Member States, of the
one part, and the Republic of Lithuania of the other
part (2), provides for the Community decision-making
procedures and for the presentation of the Community
and in the
position in the Association Council
Association Committee.

Article 14 of Decision No 1/98 of
the Association
Council between the European Communities and their
Member States, of the one part, and the Republic of
Lithuania, of the other part, of 23 February 1998 on its
rules of procedure (3) provides that
the Association
Committee may set up further subcommittees or groups
to assist in carrying out its duties.

(6)

(7)

(8)

(9)

The Protocol to the Europe Agreement, on Conformity
Assessment and Acceptance of Industrial Products, was
signed on behalf of the Community in Brussels on 21
May 2002 and should be approved.

Certain tasks for implementation have been conferred to
the Association Council and, in particular, the power to
amend the Annexes to the Protocol.

appropriate

should
The
established to ensure the proper functioning of
Protocol.

procedures

internal

be
the

It is necessary to empower the Commission to make
certain technical amendments to this Protocol and to
take certain decisions for its implementation,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol
to the Europe Agreement, on Conformity
Assessment and Acceptance of Industrial Products (hereinafter
referred to as (cid:145)the Protocol(cid:146)), as well as the declaration annexed
to the Final Act thereto, are hereby approved on behalf of the
Community.

The text of the Protocol, and of the declaration annexed to the
Final Act thereto, is attached to this Decision.

Article 2

The President of
Community,
Article 17 of the Protocol (4).

transmit

the Council

the
the diplomatic note provided for in

shall, on behalf of

(1) OJ L 51, 20.2.1998, p. 3.
(2) OJ L 51, 20.2.1998, p. 1.
(3) OJ L 73, 12.3.1998, p. 31.

(4) The date of entry into force of the Protocol will be published in the
the European Communities by the General

Official
Journal of
Secretariat of the Council.

L 202/20

EN

Official Journal of the European Communities

31.7.2002

Article 3

(b) addition of new Annexes in accordance with Article 14(b)

of the Protocol;

After consultation with the special committee appointed

1.
by the Council, the Commission shall:

(a) carry into effect

the notifications, acknowledgements,
suspensions and withdrawals of bodies, and appointments
of
in accordance with
Articles 10, 11 and 14(c), of the Protocol;

team or teams of experts,

joint

(b) bring about the consultations, exchange of

information,
the requests
for verifications and for participation in
verifications, in accordance with Articles 3, 12 and 14(d)
and (e), and Sections III and IV of the Annexes to the
Protocol concerning machinery,
lifts, personal protective
equipment, electrical safety, electromagnetic compatibility,
and simple pressure vessels;

(c) any decisions regarding disagreements on the results of the
verifications and the suspensions, in part or totally, of any
notified body in accordance with the second and third
subparagraphs of Article 11 of the Protocol;

(d) any measures taken in the application of the safeguard
clauses in Section IV of
the Protocol
concerning machinery, lifts, personal protective equipment,
electrical safety, electromagnetic compatibility, and simple
pressure vessels;

the Annexes of

(e) any measures concerning the verification, suspension, or
as having mutual
industrial products

withdrawal of
acceptance under Article 4 of the Protocol.

(c)

if necessary, reply to requests in accordance with Article
11, Sections III and IV of the Annexes to the Protocol
concerning machinery, lifts, personal protective equipment,
electrical safety, electromagnetic compatibility, and simple
pressure vessels.

In all other cases,

3.
the position to be taken by the
Community in the Association Council and, where applicable,
in the Association Committee, with regard to this Protocol
shall be determined by the Council, acting by qualified
majority on a proposal from the Commission.

Following consultation of the special committee referred
2.
to in paragraph 1 of
the Commission shall
this Article,
determine the position to be taken by the Community in the
Association Council and, where applicable, in the Association
Committee, with regard to:

(a) amendments to the Annexes in accordance with Article

14(a) of the Protocol;

Done at Luxembourg, 25 June 2002.

For the Council

J. MATAS I PALOU

The President