Proposal for a Council Decision 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 Slovenia, of the other part, on Conformity Assessment and Acceptance of Industrial Products - PECA -
Date: 2002-07-29
Institutions: European Commission
Subjects: Slovenia, approval, association agreement (EU), industrial product, protocol to an agreement

C 291 E/258

EN

Official Journal of the European Communities

26.11.2002

Proposal for a Council Decision 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 Slovenia, of the other part, on Conformity Assessment
and Acceptance of Industrial Products (PECA)

(2002/C 291 E/17)

COM(2002) 432 final — 2002/0195(ACC)

(Submitted by the Commission on 29 July 2002)

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) The Europe Agreement establishing an association between
the European Communities and their Member States, of the
one part, and the Republic of Slovenia of the other part (1),
entered into force on 1st February 1999.

(2) Article 76(2) of

the Europe Agreement provides that
co-operation in the fields of standardisation and conformity
assessment
conclusion of
agreements on mutual recognition.

seek to achieve

shall

the

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

(4) Article 2 of Decision 1999/144/EC, ECSC, Euratom of the
Council and the Commission of 21 December 1998 on the
conclusion of the Europe Agreement between the European
Communities and their Member States, of the one part, and
the Republic of Slovenia, of the other part (2), provides for
the Community decision-making procedures and for the
presentation of the Community position in the Association
Council and in the Association Committee.

(5) Article 14 of Decision No 1/1999 of

the Association
Council between the European Communities and their
Member States, of
the one part, and the Republic of
Slovenia, of the other part of 22 February 1999 on its
rules of procedure (3) provides
the Association
Committee may set up further subcommittees or groups
to assist in carrying out its duties.

that

(6) The draft Protocol to the Europe Agreement on Conformity
Assessment and Acceptance of
Industrial Products, has
been signed in Brussels on [. . . 2002], on behalf of the
Community, and should be approved.

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

(8) The appropriate internal procedures should be established

to ensure the proper functioning of the Protocol.

(9) 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 with the Republic of
Slovenia on Conformity Assessment
and Acceptance of
Industrial Products (hereinafter referred to as ‘the Protocol’),
as well as the declaration annexed to the Final Act thereto,
are hereby approved on behalf of the European 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

Article 3

The Commission, after consultation with the special

1.
committee appointed by the Council, shall:

(a) carry into effect

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

team or teams of experts,

joint

(1) OJ L 51, 26.2.1999, p. 3.
(2) OJ L 51, 26.2.1999, p. 1.
(3) OJ L 96, 10.4.1999, p. 13.

(4) The date of entry into force of the Protocol will be published in the
Official Journal of the European Communities by the General Secretariat
of the Council.

26.11.2002

EN

Official Journal of the European Communities

C 291 E/259

(b) bring about the consultations, exchange of information, the
requests for verifications and for participation in verifi-
cations,
in accordance with Articles 3, 12 and 14,
indents d) and e), and Sections III and IV of the Annexes
to the Protocol concerning electrical safety, electromagnetic
compatibility, machinery and gas appliances;

(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,
machinery and gas appliances.

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,

point (a) of the Protocol;

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

point (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
the Protocol
clauses in Section IV of
concerning electrical safety, electromagnetic compatibility,
machinery and gas appliances;

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.

3.
In all other cases 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.

C 291 E/260

EN

Official Journal of the European Communities

26.11.2002

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

PROTOCOL

THE EUROPEAN COMMUNITY AND THE REPUBLIC OF SLOVENIA, hereinafter referred to as ‘the Parties’,

WHEREAS the Republic of Slovenia has applied for membership of
membership implies the effective implementation of the acquis of the European Community,

the European Union and such

RECOGNISING that the progressive adoption and implementation of Community law by the Republic of
Slovenia provides the opportunity to extend certain benefits of the internal market and to ensure its
effective operation in certain sectors before accession,

CONSIDERING that, in the sectors covered by this Protocol, Slovenian national law substantially takes over
the Community law,

CONSIDERING their shared commitment to the principles of free movement of goods and to promoting
the
product quality, so as to ensure the health and safety of their citizens and the protection of
environment, including through technical assistance and other forms of co-operation between them,

DESIRING to conclude a Protocol to the Europe Agreement on Conformity Assessment and Acceptance of
Industrial Products (hereafter referred to as ‘this Protocol’) providing for the application of the mutual
acceptance of industrial products which fulfil the requirements for being lawfully placed on the market in
one of the Parties and of the mutual recognition of the results of conformity assessment of industrial
products which are subject to Community or national law, noting that Article 76 of the Europe Agreement
provides, where appropriate, for the conclusion of an agreement on mutual recognition,

NOTING the close relationship between the European Community and Iceland, Liechtenstein and Norway
through the Agreement on the European Economic Area, which makes it appropriate to consider the
conclusion of a parallel European Conformity Assessment Agreement between the Republic of Slovenia
and these countries equivalent to this Protocol,

BEARING IN MIND their status as Contracting Parties to the Agreement establishing the World Trade
Organisation, and conscious in particular of
their obligations under the World Trade Organisation
Agreement on Technical Barriers to Trade,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

The purpose of this Protocol is to facilitate the elimination by
the Parties of technical barriers to trade in respect of industrial
products. The means to this end is the progressive adoption
and implementation by the Republic of Slovenia of national
law, which is equivalent to Community law.

This Protocol provides for:

1. the mutual acceptance of industrial products, listed in the
Annexes on mutual acceptance of industrial products, which
fulfil the requirements for being lawfully placed on the
market in one of the Parties;

2. the mutual

the

recognition of

industrial products subject

conformity
to Community
assessment of
law and to the equivalent Slovenian national
law, both
listed in the Annexes on mutual recognition of results of
conformity assessment.

results of

Article 2

Definitions

For the purpose of this Protocol,

— ‘industrial products’ means products, as specified in Article
9 of the Europe Agreement and in Protocol 2 thereto,

26.11.2002

EN

Official Journal of the European Communities

C 291 E/261

— ‘Community law’ means any legal act and implementing
the European Community applicable to a
industrial
the

practice of
particular
category
products, as interpreted by the Court of
European Communities.

of
Justice of

situation,

risk

or

its intended use, may compromise the safety or health of users
or other persons, or any other legitimate concern protected by
legislation identified in the Annexes, it may take appropriate
measures to withdraw such a product from the market, to
its placing on the market, putting into service or
prohibit
use, or to restrict
its free movement. The Annexes shall
provide for the procedure to be applied in such cases.

— ‘national

law’ means any legal act and implementing
practice by which the Republic of Slovenia takes over
Community law applicable to a particular situation, risk
or category of industrial products.

Article 7

Extension of coverage

The terms used in this Protocol shall have the meaning given
in Community law and Slovenian national law.

As the Republic of Slovenia adopts and implements further
the Parties may
national
amend the annexes or conclude new ones,
in accordance
with the procedure laid down in Article 14.

law taking over Community law,

Article 3

Alignment of legislation

For the purpose of this Protocol, the Republic of Slovenia
agrees to take appropriate measures, in consultation with the
European Commission, to maintain or complete the take-over
of Community law, in particular in the fields of standardisation,
assessment, market
metrology,
surveillance, general safety of products, and producer's liability.

accreditation,

conformity

Article 4

Mutual acceptance of industrial products

The Parties agree that, for the purpose of mutual acceptance,
industrial products listed in the annexes on mutual acceptance
of industrial products, which fulfil the requirements for being
lawfully placed on the market of a Party, may be placed on the
market of the other Party, without further restriction. This shall
be without prejudice to Article 36 of the Europe Agreement.

Article 5

Mutual

recognition

of

results
the
assessment procedures

of

conformity

The Parties agree to recognise the results of conformity
in accordance with the
assessment procedures carried out
Community or national law listed in the Annexes on mutual
recognition of the results of conformity assessment. The Parties
shall not require procedures to be repeated, nor shall they
impose additional requirements, for the purposes of accepting
that conformity.

Article 8

Origin

The provisions of
products irrespective of their origin.

this Protocol shall apply to industrial

Article 9

Obligations of Parties as regards their authorities and
bodies

The Parties shall ensure that authorities under their jurisdiction
which are responsible for the effective implementation of
law shall continuously apply it.
Community and national
these authorities are able,
Further,
where appropriate,
remove suspension
to notify, suspend,
and withdraw notification of bodies, to ensure the conformity
of industrial products with Community or national law or to
require their withdrawal from the market.

they shall ensure that

The Parties shall ensure that bodies, notified under
their
respective jurisdiction to assess conformity in relation to
requirements of Community or national law specified in the
Annexes, continuously comply with the requirements of
take all
Community or national
they shall
necessary steps to ensure that
these bodies maintain the
necessary competence to carry out the tasks for which they
are notified.

law. Further,

Article 6

Safeguard clause

Where a Party finds that an industrial product placed on its
territory by virtue of this Protocol, and used in accordance with

Article 10

Notified bodies

Initially, the bodies notified for the purpose of this Protocol
shall be those included in the lists which the Republic of
Slovenia and the Community have exchanged before the
completion of the procedures for entry into force.

C 291 E/262

EN

Official Journal of the European Communities

26.11.2002

Afterwards, the following procedure shall apply for the notifi-
cation of bodies to assess conformity in relation to the
requirements of Community or national law specified in the
Annexes:

(a) exchange all relevant information concerning implemen-
in particular, on

tation of
law and practice including,
procedure to ensure compliance of notified bodies;

(a) a Party shall forward its notification to the other Party in

writing;

(b) take part, as appropriate,

in the relevant mechanisms of
information, co-ordination and other related activities of
the Parties;

(b) on the acknowledgement of

the other Party, given in
writing, the body shall be considered as notified and as
competent
conformity in relation to the
requirements specified in the Annexes from that date.

to assess

If a Party decides to withdraw a notified body under its juris-
diction, it shall inform the other Party in writing. The body will
cease to assess conformity in relation to the requirements
specified in the annexes from the date of its withdrawal at
the latest. Nevertheless, conformity assessment carried out
before that date shall remain valid, unless otherwise decided
by the Association Council.

Article 11

Verification of notified bodies

Each Party may request the other Party to verify the technical
competence and compliance of a notified body under its juris-
diction. Such request shall be justified in order to allow the
Party responsible for the notification to carry out the requested
verification and report speedily to the other Party. The Parties
may also jointly examine the body, with the participation of
the relevant authorities. To this end, the Parties shall ensure the
full co-operation of bodies under their jurisdiction. The Parties
shall take all appropriate steps, and use whatever available
means may be necessary, with a view to resolving any
problems which are detected.

If the problems cannot be resolved to the satisfaction of both
the Association
Parties,
Council of
reasons. The
Association Council may decide on appropriate action.

they may notify the Chairman of

their disagreement, giving their

to

the body and the recognition of

Unless and until decided otherwise by the Association Council,
its
the notification of
competence
the
conformity
requirements of Community or national law specified in the
Annexes shall be suspended in part or totally from the date on
which the disagreement of the Parties has been notified to the
Chairman of the Association Council.

relation

assess

to

in

(c) encourage their bodies to co-operate with a view to estab-
lishing mutual recognition arrangements in the voluntary
sphere.

Article 13

Confidentiality

Representatives, experts and other agents of the Parties shall be
required, even after their duties have ceased, not to disclose
information acquired under this Protocol which is of the kind
covered by the obligation of professional
secrecy. This
information may not be used for purposes other than those
envisaged by this Protocol.

Article 14

Management of the Protocol

Responsibility for the effective functioning of this Protocol shall
be held by the Association Council in conformity with Article
110 of the Europe Agreement. In particular, it shall have the
power to take decisions regarding:

(a) amending the Annexes;

(b) adding new Annexes;

(c) appointing a joint team or teams of experts to verify the
technical competence of a notified body and its compliance
with the requirements;

(d) exchanging information on proposed and actual modifi-
cations of the Community and national law referred to in
the Annexes;

(e) considering new or additional

conformity assessment

procedures affecting a sector covered by an Annex;

Article 12

(f)

resolving any questions relating to the application of this
Protocol.

Exchange of information and co-operation

In order to ensure a correct and uniform application and inter-
pretation of this Protocol, the Parties, their authorities and their
notified bodies shall:

The Association Council may delegate the above responsi-
bilities
in conformity with
Articles 114(2) of the Europe Agreement.

set out under

this Protocol,

26.11.2002

EN

Official Journal of the European Communities

C 291 E/263

Article 15

Technical co-operation and assistance

Article 17

Entry into force

The European Community may provide technical co-operation
and assistance to the Republic of Slovenia where necessary in
order to support the effective implementation and application
of this Protocol.

This Protocol shall enter into force on the first day of the
second month following the date on which the Parties have
exchanged diplomatic notes confirming the completion of their
respective procedures for entry into force of the Protocol.

Article 16

Agreements with other countries

Agreements on conformity assessment concluded by either
Party with a country which is not a Party to this Protocol
shall not entail an obligation upon the other Party to accept
the results of conformity assessment procedures carried out in
that
third country, unless there is an explicit agreement
between the Parties in the Association Council.

Article 18

Status of the Protocol

This Protocol shall constitute an integral part of the Europe
Agreement.

This Protocol
is drawn up in two originals in Slovenian,
Danish, Dutch, English, Finnish, French, German, Greek,
Italian, Portuguese, Spanish and Swedish languages, each text
being equally authentic.

ANNEX

on Mutual Recognition of results of Conformity Assessment

E L E C T R I C A L S A F E T Y

SECTION I

COMMUNITY AND NATIONAL LAW

Community law:

Council Directive 73/23/EEC of 19 February 1973 on the approximation of the laws of the
Member States relating to electrical equipment designed for use within certain voltage limits
(OJ L 77, 26.3.1973, p. 29), as last amended by Directive 93/68/EEC of 22 July 1993 (OJ L
220, 30.8.1993, p. 1).

National law:

Order on Electrical Equipment designed for use within certain Voltage Limits (Uradni list RS, št.
53/00, str. 7013 in št. 27/02, str. 2245)

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Denmark:

Germany:

Greece:

Spain:

France:

Ministère des Affaires Economiques/Ministerie van Economische Zaken.

Økonomi- og Erhvervsministeriet, Elektricitetsrådet

Bundesministerium für Arbeit und Sozialordnung

Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General Secre-
tariat of Industry).

Ministerio de Ciencia y Tecnología.

Ministère de l'économie, des finances et de l'industrie. Direction Générale de l'Industrie, des
Technologies de l'Information et des Postes (DiGITIP) — SQUALPI.

Ireland:

Department of Enterprise and Employment

C 291 E/264

EN

Official Journal of the European Communities

26.11.2002

Italy:

Ministero delle Attività Produttive

Luxembourg:

Ministère de l'économie — Service de l'énergie de l'état.

Ministère du travail (Inspection du travail et des mines).

Netherlands:

Minister van Volksgezondheid, Welzijn en Sport (consumer goods).

Minister van Sociale Zaken en Werkgelegenheid (others).

Austria:

Bundesministerium für wirtschaftliche Angelegenheiten und Arbeit.

Portugal:

Under the authority of the Government of Portugal:

Instituto Português da Qualidade.

Finland:

Sweden:

Kauppa- ja teollisuusministeriö/Handels- och industriministeriet.

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

United Kingdom:

Department of Trade and Industry

Slovenia: Ministrstvo za gospodarstvo

SECTION III

NOTIFIED BODIES

European Community:

Bodies which have been notified by the Member States of the Community in accordance with the Community law of
Section I and notified to the Republic of Slovenia in accordance with Article 10 of this Protocol.

Slovenia:

Bodies which have been authorised by the Republic of Slovenia in accordance with the Slovenian national law of Section
I and notified to the Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

Safeguard Clauses

A. Safeguard clause relating to industrial products:

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE
marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision
and how non compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other

the results of their investigations.

3. In the case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed

on the market.

4. In the case of disagreement on the outcome of such investigations the matter shall be forwarded to the

Association Council which may decide to have an expert appraisal carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party which has taken the measure shall withdraw it;

26.11.2002

EN

Official Journal of the European Communities

C 291 E/265

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the

market.

B. Safeguard clause relating to harmonised standards:

1. Where the Republic of Slovenia considers that a harmonised standard referred to in the legislation defined in this
Annex, does not meet the essential requirements of such legislation, it shall inform the Association Council giving
the reasons therefor.

2. The Association Council shall consider the matter and may request the Community to proceed in accordance

with the procedure provided for in the Community legislation identified in this Annex.

3. The Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.

ANNEX

on Mutual Recognition of results of Conformity Assessment

E L E C T R O M A G N E T I C C O M P A T I B I L I T Y

SECTION I

COMMUNITY AND NATIONAL LAW

Community law:

Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member
States relating to electromagnetic compatibility (OJ L 139, 23.5.1989, p. 19), as last amended
by Council Directive 93/68/EEC of 22 July 1993 (OJ L 220, 30.8.1993, p. 1).

National law:

Regulation on Electromagnetic Compability (EMC)
32/02, str. 2875)

(Uradni

list RS, št. 84/01, str. 8498 in

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Ministère des affaires économiques/Ministerie van Economische Zaken.

Denmark:

Telestyrelsen.

Germany:

Bundesministerium für Wirtschaft und Technologie.

Greece:

Spain:

France:

Ireland:

Italy:

Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General Secre-
tariat of Industry).

Ministerio de Ciencia y Tecnología.

Ministère de l'économie, des finances et de l'industrie. Direction Générale de l'Industrie, des
Technologies de l'Information et des Postes (DiGITIP) — SQUALPI.

Department of Enterprise and Employment

Ministero delle Attività Produttive.

Luxembourg:

Ministère de l'économie — Service de l'énergie de l'état.

Netherlands:

Ministerie van Verkeer en Waterstaat.

C 291 E/266

EN

Official Journal of the European Communities

26.11.2002

Austria:

Bundesministerium für wirtschaftliche Angelegenheiten und Arbeit.

Portugal:

Under the authority of the Government of Portugal:

Instituto Português da Qualidade.

Ministério do Equipamento Social. Instituto das Comunicações de Portugal

Finland:

Kauppa- ja teollisuusministeriö/Handels- och industriministeriet.

For EMC aspects of telecommunications and radio equipment:

Liikenne-javiestintäministeriö/Kommunikatiosministeriet.

Sweden:

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

United Kingdom:

Department of Trade and Industry

Slovenia: Ministrstvo za gospodarstvo

SECTION III

NOTIFIED AND COMPETENT BODIES

European Community:

Bodies which have been notified by the Member States of the Community in accordance with the Community law of
Section I and notified to Slovenia in accordance with Article 10 of this Protocol.

Slovenia:

Bodies which have been authorised by Slovenia in accordance with the Slovenian national law of Section I and notified
to the Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

Safeguard Clauses

A. Safeguard clause relating to industrial products

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE
marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision
and how non compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other

the results of their investigations.

3. In the case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed

on the market.

4. In the case of disagreement on the outcome of such investigations the matter shall be forwarded to the

Association Council which may decide to have an expert appraisal carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party which has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the

market.

26.11.2002

EN

Official Journal of the European Communities

C 291 E/267

B. Safeguard clause relating to harmonised standards.

1. Where the Republic of Slovenia considers that a harmonised standard referred to in the legislation defined in this
Annex, does not meet the essential requirements of such legislation, it shall inform the Association Council giving
the reasons thereof.

2. The Association Council shall consider the matter and may request the Community to proceed in accordance

with the procedure provided for in the Community legislation identified in this Annex.

3. The Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.

ANNEX

on Mutual Recognition of results of Conformity Assessment

M A C H I N E R Y

SECTION I

COMMUNITY AND NATIONAL LAW

Community law:

European Parliament and Council Directive 98/37/EC of 22 June 1998 on the approximation
of the laws of the Member States relating to machinery (OJ L 207, 23.7.1998, p. 1), as
amended by European Parliament and Council Directive 98/79/EC of 27 October 1998 (OJ
L 331, 7.12.1998, p. 1).

National law:

Order on machinery safety (Uradni list RS, št. 52/00, str. 6955 in št. 57/00, str. 7519)

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Denmark:

Germany:

Greece:

Spain:

France:

Ireland:

Italy:

Ministère des Affaires Economiques/Ministerie van Economische Zaken.

Direktoratet for Arbejdstilsynet

Bundesministerium für Arbeit und Sozialordnung

Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General Secre-
tariat of Industry).

Ministerio de Ciencia y Tecnología.

Ministère de l'Emploi et de la Solidarité, Direction des relations du travail, Bureau CT 5

Department of Enterprise and Employment

Ministero delle Attività Produttive

Luxembourg:

Ministère du travail (Inspection du travail et des mines).

Netherlands:

Ministerie van Sociale Zaken en Werkgelegenheid.

Austria:

Portugal:

Bundesministerium für wirtschaftliche Angelegenheiten und Arbeit.

Under the authority of the Government of Portugal:

Instituto Português da Qualidade.

Finland:

Sosiaali- ja terveysministeriö/Social- och hälsovårdsministeriet.

C 291 E/268

EN

Official Journal of the European Communities

26.11.2002

Sweden:

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

United Kingdom:

Department of Trade and Industry

Slovenia: Ministrstvo za gospodarstvo

SECTION III

NOTIFIED BODIES

European Community:

Bodies which have been notified by the Member States of the Community in accordance with the Community law of
Section I and notified to Slovenia in accordance with Article 10 of this Protocol.

Slovenia:

Bodies which have been designated by Slovenia in accordance with the Slovenian national law of Section I and notified
to the Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

Safeguard Clauses:

A. Safeguard clause relating to industrial products:

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE
marking, subject to this Annex, it shall immediately inform the other Party, indicating the reasons for its decision
and how non compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other

the results of its investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on

the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Association

Council who may decide to have an expertise carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the

market.

B. Safeguard clause relating to harmonised standards:

1. Where Slovenia considers that a harmonised standard referred to in the legislation defined in this Annex, does not
meet the essential requirements of such legislation, it shall inform the Association Council giving the reasons
thereof.

2. The Association Council shall consider the matter and may request the Community to proceed in accordance

with the procedure provided for in the Community legislation identified in this Annex.

3. The Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.

26.11.2002

EN

Official Journal of the European Communities

C 291 E/269

ANNEX

on Mutual Recognition of results of Conformity Assessment

G A S A P P L I A N C E S

SECTION I

COMMUNITY AND NATIONAL LAW

Community law:

Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the
Member States relating to appliances burning gaseous fuels (OJ L 196, 26.7.1990, p. 15), as
last amended by Council Directive 93/68/EEC of 22 July 1993 (OJ L 220, 30.8.1993, p. 1).

National law:

Gas Appliances Order (Uradni list RS, št. 105/00, str. 11151, in št. 28/02, str. 2302)

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Denmark:

Germany:

Greece:

Spain:

France:

Ireland:

Italy:

Ministère des Affaires Economiques/Ministerie van Economische Zaken.

Danmarks Gasmateriel Prøvning.

Bundesministerium für Arbeit und Sozialordnung

Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General Secre-
tariat of Industry).

Ministerio de Ciencia y Tecnología.

Ministère de l'économie, des finances et de l'industrie, Direction de l'Action Régionale et de la
Petite et Moyenne Industrie (DARPMI). Sous-direction de la sécurité industrielle.

Department of Enterprise and Employment.

Ministero delle Attività Produttive.

Luxembourg:

Ministère du travail (Inspection du travail et des mines).

Netherlands:

Ministerie van Economische Zaken.

Austria:

Portugal:

Finland:

Sweden:

Bundesministerium für wirtschaftliche Angelegenheiten und Arbeit.

Under the authority of the Government of Portugal:

Instituto Português da Qualidade.

Kauppa- ja teollisuusministeriö/Handels- och industriministeriet.

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

United Kingdom:

Department of Trade and Industry

Slovenia: Ministrstvo za gospodarstvo

European Community:

SECTION III

NOTIFIED BODIES

Bodies which have been notified by the Member States of the European Community in accordance with the Community
law of Section I and notified to Slovenia in accordance with Article 10 of this Protocol.

C 291 E/270

EN

Official Journal of the European Communities

26.11.2002

Slovenia:

Bodies which have been designated by Slovenia in accordance with the Slovenian national law of Section I and notified
to the European Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

Safeguard Clauses

A. Safeguard clause relating to industrial products:

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE
marking, subject to the present annex, it shall immediately inform the other Party, indicating the reasons for its
decision and how non compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and their knowledge, and shall

report to each other the results of their investigations.

3. In the case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed

on the market.

4. In the case of disagreement on the outcome of such investigations the matter shall be forwarded to the

Association Council which may decide to have an expertise carried out.

5. Where the Association Council finds that the measure is:

(a) unjustified, the national authority of the Party which has taken the measure shall withdraw it;

(b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the

market.

B. Safeguard clause relating to harmonised standards:

1. Where Slovenia considers that a harmonised standard referred to in the legislation defined in the present annex,
does not meet the essential requirements of such legislation, it shall inform the Association Council giving the
reasons therefor.

2. The Association Council shall consider the matter and may request the European Community to proceed in
accordance with the procedure provided for in the Community legislation identified in the present annex.

3. The European Community shall keep the Association Council and the other Party informed of the proceedings.

4. The outcome of the procedure shall be notified to the other Party.

26.11.2002

EN

Official Journal of the European Communities

C 291 E/271

DECLARATION BY THE COMMUNITY ON THE ATTENDANCE OF SLOVENIAN REPRESEN-
TATIVES AT COMMITTEE MEETINGS

In order to ensure a better understanding of the practical aspects of the application of the acquis commun-
autaire, the Community declares that the Republic of Slovenia is invited, under the following conditions, to
the meetings of the committees established or referred to under the Community law on electromagnetic
compatibility, electrical safety, machinery and gas appliances.

This participation shall be limited to meetings or parts thereof during which the application of the acquis
it shall not entail attendance at meetings intended to prepare and issue opinions on
is discussed;
implementation or management powers delegated to the Commission by the Council.

This invitation may be extended, on a case-by-case basis,
Commission.

to groups of experts convened by the