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 Slovak Republic, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA) (COM(2002) 588 final — 2002/0256(ACC))
Date: 2002-10-29
Institutions: European Commission
Subjects: Slovakia, approval, association agreement (EU), industrial product, mutual recognition principle, product safety, protocol to an agreement

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

(2003/C 45 E/19)

COM(2002) 588 final — 2002/0256(ACC)

(Submitted by the Commission on 29 October 2002)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof, 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 the Slovak Republic of the
other part (1), entered into force on 1st February 1995.

(2) Article 75 of the Europe Agreement provides that coop-
eration in the fields of standardisation and conformity
assessment
conclusion of
agreements on mutual recognition.

seek to achieve

shall

the

(3) Article 108(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 94/909/ECSC, EC, Euratom of the
Council and the Commission of 19 December 1994 on
the conclusion of
the Europe Agreement between the
European Communities and their Member States, of the
the other part,
one part, and the Slovak Republic, of
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 109 of the Europe Agreement provides that the
Association Council may decide to set up any other
special committee or body than can assist it in carrying
out its duties.

(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.

(1) OJ L 359, 31.12.1994, p. 1.

(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 Slovak
Republic 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 (2).

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
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 verifi-
cations, in accordance with Articles 3, 12 and 14(d) and
(e), and Sections III and IV of the Annexes to the Protocol
concerning machinery, personal protective equipment, elec-
trical safety, electromagnetic compatibility and equipment
and protective systems intended for use in potentially
explosive atmospheres;

(c)

if necessary, reply to requests in accordance with Article
11, Sections III and IV of the Annexes to the Protocol
concerning machinery, personal protective equipment, elec-
trical safety, electromagnetic compatibility and equipment
and protective systems intended for use in potentially
explosive atmospheres.

(2) 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.

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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
clauses in Section IV of
the Protocol
concerning machinery, personal protective equipment, elec-
trical safety, electromagnetic compatibility and equipment
and protective systems intended for use in potentially
explosive atmospheres;

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.

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

PROTOCOL

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

WHEREAS the Slovak Republic has applied for membership of the European Union and such membership
implies the effective implementation of the acquis of the European Community,

RECOGNISING that
the progressive adoption and implementation of Community law by the Slovak
Republic 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, the Slovak Republic national law substantially
takes over the Community law,

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

DESIRING to conclude a Protocol to the Europe Agreement on Conformity Assessment and Acceptance of
industrial products (hereinafter referred to as ‘this Protocol’) providing for the application of the mutual
acceptance of industrial products which fulfil the requirements to be 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 75 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 Slovak Republic and
these countries equivalent to this Protocol,

BEARING IN MIND their status as Contracting Parties to the Agreement establishing the World Trade
their obligations under the World Trade Organisation
Organisation, and conscious in particular of
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 Slovak Republic 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 to be lawfully placed on the market
in one of the Parties;

2. the mutual

recognition of

the

results of

industrial products subject

assessment of
law and to the equivalent Slovak Republic national
both listed in the Annexes on mutual
results of conformity assessment.

conformity
to Community
law,
recognition of

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Article 2

Definitions

For the purpose of this Protocol,

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.

— ‘Industrial products’ means products as specified in Article

9 of the Europe Agreement.

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

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

of
Justice of

situation,

risk

or

— ‘National

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

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

Article 3

Alignment of legislation

appropriate measures,

For the purpose of this Protocol, the Slovak Republic agrees to
take
the
Commission of the European Communities, to maintain or
in particular in
complete the take-over of Community law,
the
accreditation,
conformity assessment, market surveillance, general safety of
products, and producer's liability.

standardisation, metrology,

consultation with

fields

of

in

Article 6

Safeguard clause

Where a Party finds that an industrial product placed on its
territory by virtue of
the present Protocol, and used in
accordance with 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,
its placing on the market,
putting into service or use, or to restrict its free movement.
The Annexes shall provide for the procedure to be applied in
such cases.

to prohibit

Article 7

Extension of Coverage

As the Slovak Republic adopts and implements further national
law taking over Community law, the Parties may amend the
Annexes or conclude new Annexes,
in accordance with the
procedure laid down in Article 14.

Article 8

Origin

The provisions of
products irrespective of their origin.

this Protocol shall apply to industrial

Article 9

Article 4

Mutual Acceptance of industrial products

industrial products, which fulfil

The Parties agree that, for the purpose of mutual acceptance,
industrial products listed in the Annexes on mutual acceptance
the requirements to be
of
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.

Obligation 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

Article 5

Mutual Recognition of

the
assessment procedures

results of

conformity

The Parties agree to recognise the results of conformity
in accordance with the
assessment procedures carried out

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
Community or national
take all
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,

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Article 10

Notified bodies

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

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:

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.

Article 12

Exchange of information and cooperation

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

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

writing;

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

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

(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

for

the notification to carry out

Each Party may request the other Party to verify the technical
competence and compliance of a notified body under its juris-
diction. Such request will be justified in order to allow the
Party responsible
the
requested verification and report speedily to the other Party.
The Parties may also jointly examine the body, with the partici-
pation of the relevant authorities. To this end, the Parties shall
ensure the full cooperation 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.

(b) take part, as appropriate,

in the relevant mechanisms of
information, coordination and other related activities of
the Parties.

(c) encourage their bodies to cooperate 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
104 of the Europe Agreement. In particular, it shall have the
power to take decisions regarding:

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

they may notify the chairman of

(a) amending the annexes;

(b) adding new annexes;

Unless and until decided otherwise by the Association Council,
its
the notification of
the
competence

the body and the recognition of

conformity

relation

assess

to

to

in

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

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(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;

(f)

resolving any questions relating to the application of this
Protocol.

The Association Council may delegate the above responsi-
bilities set out under this Protocol, in conformity with Article
108(2) of the Europe Agreement.

Article 15

Technical cooperation and assistance

The Community may provide technical cooperation and
assistance to the Slovak Republic where necessary in order to
support the effective implementation and application of this
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 17

Entry into force

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 18

Status of the Protocol

This Protocol constitutes an integral part of
Agreement.

the Europe

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

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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:

Act No 264/1999 Coll. on Technical Requirements for Products and on Conformity Assessment
and on change and amendment of some Acts (approved on 7.9.1999, in force from 1.1.2000,
Collection of Laws No 113/1999) in the wording of Act No 436/2001 Coll. (approved on
4.10.2001, in force from 1.11.2001 Collection of Laws No 178/2001).

Act No 128/2002 Coll. On State Control of Internal market in the Consumer Protection Matters
and on change and amendment of some acts (approved on 15.2.2002, in force from 1.4.2002,
Collection of Laws No 56/2002) in the wording of the Act No 284/2002 Coll. (in force from
1.7.2002).

Act No 95/2000 Coll. on Labour Inspection (approved on 8.2.2000, in force from 1.7.2000,
Collection of Laws No 43/2000) in the wording of the Act No 231/2002 Coll. (approved on
3.4.2002, in force from 3.5.2002, Collection of Laws No 99/2002).

requirements for
Governmental Ordinance No 391/1999 via which details of
in force from 1.1.2000, Collection of
machinery are laid down (approved on 16.12.1999,
Laws No 157/1999)
in the wording of Governmental Ordinance No 475/2000 Coll.
(approved on 20.12.2000, in force from 30.12.2000, Collection of Laws No 194/2000) in
the wording of Governmental Ordinance No 161/2002 Coll. (approved on 13.3.2002, in force
from 1.4.2002, Collection of Laws No 66/2002).

technical

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Denmark:

France:

Germany:

Greece:

Spain:

Ireland:

Italy:

Ministère de l'emploi et du travail/Ministerie voor Arbeid en Tewerkstelling.

Arbejdsministeriet, Arbejdstilsynet.

Ministère de l'emploi et de la solidarité, Direction des relations du travail, Bureau CT 5.

Bundesministerium für Arbeit und Sozialordnung.

Ministry of Development. General Secretariat of Industry.

Ministerio de Ciencia y Tecnología.

Department of Enterprise and Employment.

Ministero dell'Industria, del Commercio et dell'Artigianato.

Luxembourg:

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

Netherlands:

Ministerie van Sociale Zaken en Werkgelegenheid.

Austria:

Portugal:

Bundesministerium für Wirtschaft und Arbeit.

Under the authority of the Government of Portugal:

Instituto Português da Qualidade.

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Finland:

Sweden:

Sosiaali- ja terveysministeriö/Social- och hälsovårdsministeriet.

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

United Kingdom:

Department of Trade and Industry.

Slovak Republic: Slovak Office of Standards, Metrology and Testing.

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 Slovak Republic in accordance with Article 10 of this Protocol.

Slovak Republic:

Bodies which have been designated by the Slovak Republic in accordance with the Slovakian 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 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 the Slovak Republic 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.

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ANNEX

on Mutual Recognition of results of Conformity Assessment

P E R S O N A L P R O T E C T I V E E Q U I P M E N T

SECTION I

COMMUNITY AND NATIONAL LAW

Community law:

National law:

Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the
Member States relating to personal protective equipment (OJ L 399, 30.12.1989, p. 18), as last
amended by Parliament and Council Directive 96/58/EC of 3 September 1996 (OJ L 236,
18.9.1996, p. 44).

Act No 264/1999 Coll. On Technical Requirements
for Products and on Conformity
Assessment and on change and amendment of some Acts (approved on 7.9.1999, in force
from 1.1.2000, Collection of Laws No 113/1999) in the wording of Act No 436/2001 Coll.
(approved on 4.10.2001, in force from 1.11.2001 Collection of Laws No 178/2001).

Act No 128/2002 Coll. On State Control of Internal market in the Consumer Protection Matters
and on change and amendment of some acts (approved on 15.2.2002, in force from 1.4.2002,
Collection of Laws No 56/2002) in the wording of the Act No 284/2002 Coll. (in force from
1.7.2002).

Act No 95/2000 Coll. on Labour Inspection (approved on 8.2.2000, in force from 1.7.2000,
Collection of Laws No 43/2000) in the wording of the Act No 231/2002 Coll. (approved on
3.4.2002, in force from 3.5.2002, Collection of Laws No 99/2002).

Governmental Ordinance No 29/2001 Coll. stipulating Details on Technical Requirements and
Procedures of Conformity Assessment of Personal Protective Equipment
(approved on
16.11.2000,
in the wording of
Governmental Ordinance No 323//2002 Coll (approved on 25.6.2002, in force from 1.7.2002).

in force from 1.4.2001, Collection of Laws No 13/2001)

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Denmark:

Germany:

Greece:

Spain:

France:

Ireland:

Italy:

Ministère des affaires économiques/Ministerie van Economische Zaken.

Direktoratet for Arbejdstilsynet.

Bundesministerium für Arbeit und Sozialordnung.

Ministry of Development. General Secretariat of Industry.

Ministerio de Ciencia y Tecnología.

Ministère de l'emploi et de la solidarité, Direction des relations du travail, Bureau CT 5.

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, Trade and Employment.

Ministero delle attività produttive.

Luxembourg:

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

Netherlands:

Ministerie van Volksgezondheid, Welzijn en Sport.

Austria:

Portugal:

Bundesministerium für Wirtschaft und Arbeit.

Under the authority of the Government of Portugal:

Instituto Português da Qualidade.

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Finland:

Sweden:

Sosiaali- ja terveyministeriö/Social- och hälsovårdsministeriet.

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontroll (SWEDAC).

United Kingdom:

Department of Trade and Industry.

Slovak Republic: Slovak Office of Standards, Metrology and Testing.

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 Slovak Republic in accordance with Article 10 of this Protocol.

Slovak Republic:

Bodies which have been designated/authorised by the Slovak Republic in accordance with the Slovak 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 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 the Slovak Republic 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.

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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:

National 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).

Act No 264/1999 Coll. on Technical Requirements for Products and on Conformity Assessment
and on change and amendment of some Acts (approved on 7.9.1999, in force from 1.1.2000,
Collection of Laws No 113/1999) in the wording of Act No 436/2001 Coll. (approved on
4.10.2001, in force from 1.11.2001 Collection of Laws No 178/2001).

Act No 128/2002 Coll. On State Control of Internal market in the Consumer Protection Matters
and on change and amendment of some acts (approved on 15.2.2002, in force from 1.4.2002,
Collection of Laws No 56/2002) in the wording of the Act No 284/2002 Coll. (in force from
1.7.2002).

Act No 95/2000 Coll. on Labour Inspection and on change and amendment of some acts
(approved on 8.2.2000,
in the
wording of Act No 231/2002 Coll. (approved on 3.4.2002, in force from 3.5.2002, Collection
of Laws No 99/2002).

in force from 1.7.2000, Collection of Laws No 43/2000)

Governmental Ordinance No 392/1999 Coll. which lays down details of technical requirements
and procedures for conformity assessment for electrical equipment used within certain voltage
limits (approved on 16.12.1999, in force from 1.1.2000, Collection of Laws No 157/1999) in
the wording of Governmental Ordinance No 149/2002 Coll. (approved on 13.3.2002, in force
from 1.4.2002, Collection of Laws No 62/2002) in the wording of Governmental Ordinance
No 303/2002 Coll.
in force from 1.7.2002, Collection of Laws
No 131/2002).

(approved on 5.6.2002,

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Denmark:

Germany:

Greece:

Spain:

France:

Ireland:

Italy:

Ministère des affaires économiques/Ministerie van Economische Zaken.

Økonomi- og Erhvervsministeriet, Elektricitetsrådet.

Bundesministerium für Arbeit und Sozialordnung.

Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General
Secretariat 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.

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 Wirtschaft und Arbeit.

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Portugal:

Finland:

Sweden:

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.

Slovak Republic: Slovak Office of Standards, Metrology and Testing.

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 Slovak Republic in accordance with Article 10 of this Protocol.

Slovak Republic:

Bodies which have been designated/authorised by the Slovak Republic in accordance with the Slovak Republic 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 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 the Slovak Republic 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.

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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:

Act No 264/1999 Coll. on Technical Requirements for Products and on Conformity Assessment
and on change and amendment of some Acts (approved on 7.9.1999, in force from 1.1.2000,
Collection of Laws No 113/1999) in the wording of Act No 436/2001 Coll. (approved on
4.10.2001, in force from 1.11.2001, Collection of Laws 178/2001).

Act No 128/2002 Coll. On State Control of Internal market in the Consumer Protection Matters
and on change and amendment of some acts (approved on 15.2.2002, in force from 1.4.2002,
Collection of Laws No 56/2002) in the wording of the Act No 284/2002 Coll. (in force from
1.7.2002).

Act No 95/2000 Coll. on Labour Inspection and on change and amendment of some acts
(approved on 8.2.2000,
in the
wording of the Act No 231/2002 Coll.
in force from 3.5.2002,
Collection of Laws No 99/2002).

in force from 1.7.2000, Collection of Laws No 43/2000)
(approved on 3.4.2002,

Governmental Ordinance No 394/1999 Coll., which lays down details on technical requirements
for products with regard to electromagnetic compatibility (approved on 16.12.1999, in force from
in the wording of Governmental Ordinance
1.1.2000, Collection of Laws No 157/1999)
No 159/2002 Coll.
in force from 1.4.2002, Collection of Laws
(approved on 13.3.2002,
No 65/2002) in the wording of Governmental Ordinance No 301/2002 Coll. (approved on
5.6.2002, in force from 1.7.2002, Collection of Laws No 131/2002).

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Denmark:

Germany:

Greece:

Spain:

France:

Ireland:

Italy:

Ministère des affaires économiques/Ministerie van Economische Zaken.

Telestyrelsen.

Bundesministerium für Wirtschaft und Technologie.

Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General
Secretariat 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.

Austria:

Portugal:

Bundesministerium für Wirtschaft und Arbeit.

Under the authority of the Government of Portugal:
Instituto Português da Qualidade.
Ministério do Equipamento Social. Instituto das Comunicações de Portugal.

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Finland:

Sweden:

Kauppa- ja teollisuusministeriö/Handels- och industriministeriet
For EMC aspects of telecommunications and radio equipment:
Liikenne- ja viestintäministeriö/Kommunikatiosministeriet.

Under the authority of the Government of Sweden:
Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

United Kingdom:

Department of Trade and Industry.

Slovak Republic: Slovak Office of Standards, Metrology and Testing.

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 the Slovak Republic in accordance with Article 10 of this Protocol.

Slovak Republic:

Bodies which have been designated/authorised by Slovak Republic in accordance with the Slovak Republic 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 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 the Slovak Republic 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.

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ANNEX

on Mutual Recognition of results of Conformity Assessment

E Q U I P M E N T A N D P R O T E C T I V E S Y S T E M S I N T E N D E D F O R U S E I N P O T E N T I A L L Y
E X P L O S I V E A T M O S P H E R E S

SECTION I

COMMUNITY AND NATIONAL LAW

Community law:

European Parliament and Council Directive 94/9/EC of 23 March 1994 on the approximation
of the laws of the Member States relating to Equipment and Protective Systems intended for use
in Potentially Explosive Atmospheres (OJ L 100, 19.4.1994, p. 1).

National law:

Act No 264/1999 Coll. on Technical Requirements for Products and on Conformity Assessment
and on change and amendment of some Acts (approved on 7.9.1999, in force from 1.1.2000,
Collection of Laws No 113/1999) in the wording of Act No 436/2001 Coll. (approved on
4.10.2001, in force from 1.11.2001, Collection of Laws No 178/2001).

Act No 128/2002 Coll. On State Control of Internal market in the Consumer Protection Matters
and on change and amendment of some acts (approved on 15.2.2002, in force from 1.4.2002,
Collection of Laws No 56/2002) in the wording of the Act No 284/2002 Coll. (in force from
1.7.2002.

Act No 95/2000 Coll. on Labour Inspection and on change and amendment of some acts
(approved on 8.2.2000,
in the
wording of Act No 231/2002 Coll. (approved on 3.4.2002, in force from 3.5.2002, Collection
of Laws No 99/2002).

in force from 1.7.2000, Collection of Laws No 43/2000)

Governmental Ordinance No 117/2001 Coll. Laying down Details of Technical Requirements
and Procedures for Conformity Assessment of Equipment and Protective Systems Intended for
Use in Potentially Explosive Atmospheres (approved on 28.3.2001, in force from 1.4.2001,
Collection of Laws No 48/2001) in the wording of Governmental Ordinance No 296/2002
Coll. (approved on 5.6.2002, in force from 1.7.2002, Collection of Laws No 130/2002).

SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Denmark:

Germany:

Greece:

Spain:

France:

Ireland:

Italy:

Ministère des affaires économiques/Ministerie van Economische Zaken.

For electrical aspects:

Økonomi- og Erhvervsministeriet, Elektricitetsrådet.

For mechanical aspects:

Arbejdsministeriet, Arbejdstilsynet.

Bundesministerium für Arbeit und Sozialordnung.

Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (Ministry of Development. General
Secretariat 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 de l'économie — Service de l'énergie de l'état.

Netherlands:

Minister van Sociale Zaken en Werkgelegenheid.

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Austria:

Portugal:

Finland:

Sweden:

Bundesministerium für Wirtschaft 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.

Slovak Republic: Slovak Office of Standards, Metrology and Testing.

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 Slovak Republic in accordance with Article 10 of this Protocol.

Slovak Republic:

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

SECTION IV

SPECIFIC ARRANGEMENTS

1. Transitional arrangements

The certificates issued in the EC Member States in conformity with Directives 76/117/EEC, 79/196/EEC and
82/130/EEC will be recognised as a proof of conformity assessment under Article 33 paragraphs 1 and 2 of Act
264/1999 Coll., on technical equipments for products and on amendments to some acts. Based on these certificates,
the importer of these products in the Slovak Republic will issue a declaration of conformity of the relevant product
to the applicable requirements referred to in this paragraph.

2. 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 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.

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B. Safeguard clause relating to harmonised standards

1. Where the Slovak Republic 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.

DECLARATION BY THE COMMUNITY ON THE ATTENDANCE OF THE SLOVAK REPUBLIC
REPRESENTATIVES AT COMMITTEE MEETINGS

In order to ensure a better understanding of the practical aspects of the application of the acquis commu-
nautaire, the Community declares that the Slovak Republic is invited, under the following conditions, to the
meetings of the committees established or referred to under the Community law on machinery, personal
protective equipment, electromagnetic compatibility and equipment and protective systems intended for
use in potentially explosive atmospheres.

This participation shall be limited to meetings or parts thereof during which the application of the acquis is
discussed; it shall not entail attendance at meetings intended to prepare and issue opinions on implemen-
tation 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