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: 2002-11-26
Institutions: European Community, Slovenia
Subjects: European Association Agreement, Slovenia, approval, industrial product, product safety, protocol to an agreement

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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 Slovenia, of the other part, on confor-
mity 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 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 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 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 (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 the Parties' status as Contracting Parties to the Agreement establishing the World Trade Organisa-
tion, 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:

(a) 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;

(b) the mutual recognition of the results of conformity assess-
ment of industrial products subject to Community law and
to the equivalent Slovenian national law, both listed in the
Annexes on mutual recognition of results of conformity
assessment.

(b) ‘Community law’ means any legal act and implementing
practice of the European Community applicable to a parti-
cular situation, risk or category of industrial products, as
interpreted by the Court of
the European
Communities;

Justice of

(c) ‘national law’ means any legal act and implementing prac-
tice by which the Republic of Slovenia takes over Commu-
nity 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 Slovenian national law.

Article 3

Alignment of legislation

Article 2

Definitions

For the purpose of this Protocol,

(a) ‘industrial products’ means products, as specified in Article
9 of the Europe Agreement and in Protocol 2 thereto;

For the purpose of this Protocol, the Republic of Slovenia
agrees to take appropriate 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, accreditation, conformity
assessment, market surveillance, general safety of products and
producer liability.

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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 the results of conformity assess-
ment procedures

The Parties agree to recognise the results of conformity assess-
ment procedures carried out in accordance with the Commu-
nity or national law listed in the Annexes on mutual recogni-
tion 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 6

Safeguard clause

Where a Party finds that an industrial product placed on the
market on its territory by virtue of this 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, to prohibit 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.

Article 7

Extension of coverage

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,

Further, they shall ensure that these authorities are able, where
appropriate, to notify, suspend, remove suspension and with-
draw notification of bodies, to ensure the conformity of indus-
trial products with Community or national law or to require
their withdrawal from the market.

The Parties shall ensure that bodies, notified under their respec-
tive 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
law. Further, they shall take all necessary steps to
ensure that these bodies maintain the necessary competence to
carry out the tasks for which they are notified.

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.

Afterwards, the following procedure shall apply for the notifi-
cation of bodies to assess conformity in relation to the require-
ments 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
to assess conformity in relation to the said
competent
requirements specified in the Annexes from that date;

If a Party decides to withdraw the notification of a body under
its jurisdiction, it shall inform the other Party in writing. The
body will cease to assess conformity in relation to the said
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 8

Origin

Article 11

Verification of notified bodies

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

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 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.

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

they may notify the Chairman of

Unless and until decided otherwise by the Association Council,
the notification of the body and the recognition of its compe-
tence to assess conformity in relation to the 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) exchange all relevant information concerning implementa-
tion of law and practice including, in particular, on proce-
dure 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
covered by the obligation of professional secrecy. This informa-
tion may not be used for purposes other than those envisaged
by this Protocol.

(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 amend-
ments to 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 responsibilities
set out under this Protocol, in accordance with Article 114(2)
of the Europe Agreement.

Article 15

Technical cooperation and assistance

The European Community may provide technical cooperation
and assistance to the Republic of Slovenia 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 this Protocol.

Article 14

Management of the Protocol

Article 18

Status of the Protocol

Responsibility for the effective functioning of this Protocol shall
be borne by the Association Council in accordance 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;

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

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

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Hecho en Bruselas, el veintiséis de noviembre de dos mil dos.

Udfærdiget i Bruxelles den seksogtyvende november to tusind og to.

Geschehen zu Brüssel am sechsundzwanzigsten November zweitausendundzwei.
Έγινε στις Βρυξέλλες, στις είκοσι έξι Νοεµβρίου δύο χιλιάδες δύο.

Done at Brussels on the twenty-sixth day of November in the year two thousand and two.

Fait à Bruxelles, le vingt-six novembre deux mille deux.

Fatto a Bruxelles, addì ventisei novembre duemiladue.

Gedaan te Brussel, de zesentwintigste november tweeduizendtwee.

Feito em Bruxelas, em vinte e seis de Novembro de dois mil e dois.

Tehty Brysselissä kahdentenakymmenentenäkuudentena päivänä marraskuuta vuonna kaksituhattakaksi.

Som skedde i Bryssel den tjugosjätte november tjugohundratvå.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Za Evropsko skupnost

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Por la República de Eslovenia

På Republikken Sloveniens vegne

Für die Republik Slowenien

Εξ ονόµατος της ∆ηµοκρατίας της Σλοβενίας

On behalf of the Republic of Slovenia

Pour la République de Slovénie

A nome della Repubblica di Slovenia

Namens de Republiek Slovenië

Em nome da República da Eslovénia

Slovenian tasavallan puolesta

På Republiken Sloveniens vägnar

Za Republiko Slovenijo

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ANNEXES

ANNEXES ON MUTUAL ACCEPTANCE OF INDUSTRIAL PRODUCTS

(for the record)

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ANNEXES ON MUTUAL RECOGNITION OF RESULTS OF CONFORMITY ASSESSMENT

Contents

1. Electrical safety

2. Electromagnetic compatibility

3. Machinery

4. Gas appliances

ELECTRICAL SAFETY

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 amended by Council Directive 93/68/EEC (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:

— Ireland:

— Italy:

— Luxembourg:

— Netherlands:

— Austria:

— Portugal:

— Finland:

— Sweden:

Ministère des Affaires Economiques/Ministerie van Economische Zaken;

Økonomi- og Erhvervsministeriet, Elektricitetsrådet;

Bundesministerium für Arbeit und Sozialordung;
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, Trade and Employment;

Ministero delle Attività Produttive;

Ministère de l'Economie- Service de l'Energie de l'État.
Ministère du Travail (Inspection du Travail et des Mines);

Minister van Volksgezondheid, Welzijn en Sport (consumer goods).
Minister van Sociale Zaken en Werkgelegenheid (others);

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;

Slovenia

Ministrstvo za gospodarstvo.

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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

S a fe g u a rd c l a u se s

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 Associa-

tion 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.

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.

ELECTROMAGNETIC COMPATIBILITY

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 (OJ L 220, 30.8.1993, p.1).

National law:

Law on Telecommunications (Uradni list RS, št. 30/01, str. 3208) and Regulation on Elec-
tromagnetic Compatibility (EC. (Uradni list RS, št. 84/01, str. 8498 in 32/02, str. 2875)

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SECTION II

Notifying authorities

European Community

— Belgium:

— Denmark:

— Germany:

— Greece:

— Spain:

— France:

— Ireland:

— Italy:

— Luxembourg:

— Netherlands:

— Austria:

— Portugal:

— Finland:

— Sweden:

Ministère des Affaires Economiques/Ministerie van Economische Zaken;

Ministeriet for Videnskab, Teknologi og Udvikling, IT-og 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, Trade and Employment;

Ministero delle Attività Produttive;

Ministère de l'Economie-Service de l'Energie de l'État;

Ministerie van Verkeer en Waterstaat;

Bundesministerium für Wirtschaft und Arbeit;

Under the authority of the Government of Portugal:
Instituto Português da Qualidade;
Ministério do Equipamento Social. Instituto das Comunicaço˜ es de Portugal;

Kauppa- ja teollisuusministeriö/Handels- och industriministeriet;
For EC. aspects of telecommunications and radio equipment:
Liikenne-ja viestintäministeriö/Kommunikationsministeriet;

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

S a fe g u a rd c l a u se s

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.

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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 Associa-

tion 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.

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.

MACHINERY

SECTION I

Community and national law

Community law:

Directive 98/37/EC of the European Parliament and of the Council 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 Directive 98/79/EC of the European Parliament and of the
Council (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:

— Luxembourg:

— Netherlands:

— Austria:

— Portugal:

— Finland:

— Sweden:

Ministère de l'Emploi et du Travail/Ministerie voor Arbeid en Tewerkstelling.;

Direktoratet for Arbejdstilsynet;

Bundesministerium für Arbeit und Sozialordung;
Υπουργείο Ανάπτυξης. Γενική Γραµµατεία Βιοµηχανίας (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;

Department of Enterprise, Trade and Employment;

Ministero delle Attività Produttive;

Ministère du Travail (Inspection du Travail et des Mines);

Ministerie van Sociale Zaken en Werkgelegenheid;

Bundesministerium für Wirtschaft und Arbeit;

Under the authority of the Government of Portugal:
Instituto Português da Qualidade;

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;

Slovenia

Ministrstvo za gospodarstvo.

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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

S a fe g u a rd c l a u se s

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 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.

GAS APPLIANCES

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 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).

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SECTION II

Notifying authorities

European Community

— Belgium:

— Denmark:

— Germany:

— Greece:

— Spain:

— France:

— Ireland:

— Italy:

— Luxembourg:

— Netherlands:

— Austria:

— Portugal:

— Finland:

— Sweden:

Ministère des Affaires Economiques/Ministerie van Economische Zaken;

Økonomi- og Erhvervsministeriet;
Danmarks Gasmateriel Prøvning;

Bundesministerium für Arbeit und Sozialordung;
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, Trade and Employment;

Ministero delle Attività Produttive;

Ministère du Travail (Inspection du Travail et des Mines);

Ministerie van Economische Zaken;

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; Department for Environment, Food and Rural Affairs;

Slovenia

Ministrstvo za gospodarstvo.

SECTION III

Notified bodies

European Community

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.

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

S a fe g u a rd c l a u se s

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 their knowledge, and shall

report to each other the results of their investigations.

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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 Associa-

tion 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 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.