2002/608/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 Latvia, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA)
Date: 2002-06-25
Institutions: Council of the European Union
Subjects: Latvia, approval, association agreement (EU), committee (EU), industrial product, protocol to an agreement

31.7.2002

EN

Official Journal of the European Communities

L 202/1

II

(Acts whose publication is not obligatory)

COUNCIL

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 Latvia, of the other part, on Conformity Assessment and Acceptance of Industrial Products
(PECA)

(2002/608/EC)

THE COUNCIL OF THE EUROPEAN UNION,

and in particular Article 133 thereof,

Having regard to the Treaty establishing the European
in
Community,
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:

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

(5)

(6)

(7)

(8)

(9)

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
Latvia, 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.

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,

Article 114(2) of the Europe Agreement provides that
the Association Council may delegate to the Association
Committee any of its powers.

Article 2 of Decision 98/98/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 Latvia 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.

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.

(1)

(2)

(3)

(4)

(1) OJ L 26, 2.2.1998, p. 3.
(2) OJ L 26, 2.2.1998, p. 1.

(3) OJ L 73, 12.3.1998, p. 31.

L 202/2

EN

Official Journal of the European Communities

31.7.2002

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

Article 2

The President of
Community,
Article 17 of the Protocol (1).

transmit

the Council

the
the diplomatic note provided for in

shall, on behalf of

Article 3

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
in accordance with
of
Articles 10, 11 and 14(c), of the Protocol;

team or teams of experts,

joint

(b) bring about the consultations, exchange of

information,
for verifications and for participation in
the requests
verifications, in accordance with Articles 3, 12 and 14(d)
and (e), and Sections III and IV of the Annexes to the
Protocol
electromagnetic
electrical
compatibility, toys and construction products;

concerning

safety,

2.
Following consultation of the special committee referred
the Commission shall
this Article,
to in paragraph 1 of
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;

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

of the Protocol;

(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 electrical safety, electromagnetic compatibility,
toys and construction products;

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.

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.

Done at Luxembourg, 25 June 2002.

(c)

if necessary, reply to requests in accordance with Article
11, Sections III and IV of the Annexes to the Protocol
concerning electrical safety, electromagnetic compatibility,
toys and construction products.

For the Council

J. MATAS I PALOU

The President

(1) 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.