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 Estonia, of the other part, on Conformity Assessment and Acceptance of Industrial Products. - PECA
Date: 2002-11-07
Institutions: European Commission
Subjects: Estonia, approval, association agreement (EU), industrial product, mutual recognition principle, 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 Republic of Estonia, of the other part, on Conformity Assessment
and Acceptance of Industrial Products (PECA)

(2003/C 45 E/26)

COM(2002) 608 final — 2002/0261(ACC)

(Submitted by the Commission on 7 November 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 Estonia of the other part, (1)
entered into force on 1st February 1998.

(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 113(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 98/180/EC, ECSC, Euratom of the
Council and the Commission of 19 December 1997 on
the Europe Agreement between the
the conclusion of
European Communities and their Member States, of the
one part, and the Republic of Estonia, of
the other
part, (2) provides
the Community decision-making
procedures and for the presentation of the Community
position in the Association Council and in the Association
Committee.

for

(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
Estonia, of the other part of 22 February 1999 on its
rules
the Association
provides
Committee may set up further subcommittees or groups
to assist in carrying out its duties.

procedure

that

of

(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
Estonia 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 (3).

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 68, 9.3.1998, p. 3.
(2) OJ L 68, 9.3.1998, p. 1.

(3) 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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(b) bring about the consultations, exchange of information, the
requests for verifications and for participation in verifi-
in accordance with Articles 3, 12 and 14,
cations,
indents
the
(d) and (e), and Sections
Annexes to the Protocol concerning electrical safety, elec-
tromagnetic compatibility, lifts and safety of toys;

III and IV of

(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,
lifts and safety of toys.

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,
lifts and safety of toys;

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

PROTOCOL

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

WHEREAS Estonia 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 Estonia 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 Estonian 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 Estonia 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 Estonia 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

the

recognition of

industrial products subject

conformity
assessment of
to Community
law, both
law and to the equivalent Estonian national
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.

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— ‘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

— ‘National

law’ means any legal act and implementing
practice by which Estonia 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 Estonian national law.

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

Article 3

Alignment of legislation

As Estonia 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.

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

accreditation,

conformity

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
of
the requirements to be
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 34 of
the Europe
Agreement.

Article 5

Article 8

Origin

The provisions of
products irrespective of their origin.

this Protocol shall apply to industrial

Article 9

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,
remove suspension
to notify, suspend,
where appropriate,
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

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
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.

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

which the disagreement of the Parties has been notified to the
chairman of the Association Council.

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

Article 12

Exchange of information and Cooperation

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

writing;

(b) on the acknowledgement of

the other Party, given in
writing, the body shall be considered as notified and as
conformity in relation to the
competent
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.

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

they may notify the chairman 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

the body and the recognition of

relation

assess

to

to

in

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

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

(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
secrecy. This
covered by the obligation of professional
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
109 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;

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(e) considering new or additional

conformity assessment

procedures affecting a sector covered by an annex;

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.

(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
113(2) of the Europe Agreement.

Article 15

Technical cooperation and assistance

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.

The Community may provide technical cooperation and
assistance to Estonia where necessary in order to support the
effective implementation and application of this Protocol.

Article 18

Status of the Protocol

This Protocol constitutes an integral part of
Agreement.

the Europe

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

This Protocol
is drawn up in two originals in the Estonian
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:

Electrical Safety Act (RT I, 18.6.2002, 49, 310);

Regulation of the Minister of Economic Affairs No 33 of 28 June 2002 ‘Requirements for
Electrical Equipment and Installations and for Electromagnetic Compatibility Thereof, and
Procedure for Conformity Assessment and Attestation of Electrical Equipment and Installations,
and Requirements for Provision of Labelling on and Information with Electrical Equipment and
Installations’ (RTL, 11.7.2002, 76, 1171).

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SECTION II

NOTIFYING AUTHORITIES

European Community:

Belgium:

Ministère des affaires économiques/Ministerie van Economische Zaken.

Denmark:

Økonomi- og Erhvervsministeriet, Elektricitetsrådet.

Germany:

Bundesministerium für Arbeit und Sozialordung.

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.
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.

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.

Estonia: Majandusministeerium.

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 Estonia in accordance with Article 10 of this Protocol.

Estonia:

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

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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 Estonia 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:

Electrical Safety Act (RT I, 18.6.2002, 49, 310);

Regulation of the Minister of Economic Affairs No 33 of 28 June 2002 ‘Requirements for
Electrical Equipment and Installations and for Electromagnetic Compatibility Thereof, and
Procedure for Conformity Assessment and Attestation of Electrical Equipment and Installations,
and Requirements for Provision of Labelling on and Information with Electrical Equipment and
Installations’ (RTL, 11.7.2002, 76, 1171).

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 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.

Austria:

Portugal:

Finland:

Sweden:

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.

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

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

United Kingdom:

Department of Trade and Industry.

Estonia: Majandusministeerium.

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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 Estonia in accordance with Article 10 of this Protocol.

Estonia:

Bodies which have been designated/authorized by Estonia in accordance with the Estonian 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 Estonia 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

L I F T S

SECTION I

COMMUNITY AND NATIONAL LAW

Community law:

European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of
the laws of the Member States relating to lifts (OJ L 213, 7.9.1995, p. 1).

National law:

Lifts and Cableways Installations Safety Act (RT I, 19.6.2002, 50, 312);

Regulation of the Minister of Economic Affairs No 39 of 1 July 2002 ‘Conformity Assessment
and Attestation of Conformity of Lifts, Subsystems and Safety Components’ (RTL, 12.7.2002,
77, 1197);

Regulation of the Minister of Economic Affairs No 38 of 1 July 2002 ‘Requirements for Lifts,
Safety Components and Installations and their Supply with Information and Affixation with the
Mark of Conformity’ (RTL, 12.7.2002, 77, 1196).

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.

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

Ministerio de Ciencia y Tecnología.

Ministère de l'equipment, des transports et du logement. Direction Générale de l'urbanisme, de
l'habitat et de la construction.

Department of Enterprise and Employment.

Ministero delle Attività Produttive.

Luxembourg:

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

Netherlands:

Minister van Sociale Zaken en Werkgelegenheid.

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.

Estonia: Majandusministeerium.

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European Community:

SECTION III

NOTIFIED BODIES

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

Estonia:

Bodies which have been designated by Estonia in accordance with the Estonian 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 Estonia 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

S A F E T Y O F T O Y S

SECTION I

COMMUNITY AND NATIONAL LAW

Community law:

Council Directive of 3 May 1988 on the approximation of the laws of the Member States
concerning the safety of toys (88/378/EEC) (OJ L 187, 16.7.1988, p. 1), as amended by Council
Directive 93/68/EEC of 22 July 1993 (OJ L 220, 30.8.1993, p. 1).

National law:

Government Regulation No 36 of 24 January 2001 ‘Safety Requirements for Toys and
Procedure for Conformity Attestation of Toys’ (RT I, 31.1.2001, 13, 58);

Regulation No 72 of the Minister of Social Affairs of 2 November 2000 ‘Restrictions on
Handling of Chemicals Dangerous to Population and Environment’ (RTL, 10.11.2000, 116,
1825);

Regulation No 37 of the Minister of Social Affairs of 26 May 2000 ‘The Procedure for
Identification, Classification, Packaging and Labelling of Dangerous Chemicals’ (RTL, 13.7.2000,
78, 1184);

Regulation No 12 of the Minister of Social Affairs of 8 March 1999 ‘The List of Dangerous
Substances’ (RTL, 15.3.1999, 39, 508; 39, 509).

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, Forbrugerstyrelsen.

Bundesministerium für Arbeit und Sozialordnung.

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

Ministerio de Ciencia y Tecnología. Instituto Nacional del Consumo.

Ministère de l'économie et des finances.

Department of Enterprise and Employment.

Ministero delle Attività Produttive.

Luxembourg:

Ministère du travail et de l'emploi.

Netherlands:

General Inspectorate for Health Protection.

Austria:

Portugal:

Finland:

Sweden:

Bundesministerium für Wirtschaft und Arbeit.

Divisão de Estudos de Produtos do Instituto do Consumidor.

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.

Estonia: Majandusministeerium.

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25.2.2003

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 Estonia in accordance with Article 10 of this Protocol.

Estonia:

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

SECTION IV

SPECIFIC ARRANGEMENTS

1. Information concerning the certificate and the technical file

In accordance with Article 10(4) of Directive 88/378/EEC, the authorities listed in section II may obtain on request a
copy of the certificate and, on reasoned request, a copy of the technical file and the reports on the examinations and
tests carried out.

2. Notification of grounds for refusal by approved bodies

In accordance with Article 10(5) of Directive 88/378/EEC, Estonian bodies shall inform (Notifying authority to be
mentioned) the Notifying Authority when refusing to issue an EC type-examination certificate. The Notifying
Authority shall likewise notify the Commission of the European Communities thereof.

3. Safeguard Clauses

A. Safeguard clause relating to products

1. Where a Party has taken a measure to deny free access to its market for 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 Republic of Estonia 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 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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DECLARATION BY THE COMMUNITY ON THE ATTENDANCE OF ESTONIAN 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 Estonia 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 and lifts.

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
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