2003/57/EC: Council Decision of 21 January 2003 suspending the Community obligations under the Sectoral Annex for Electrical Safety of the Agreement on Mutual Recognition between the European Community and the United States of America
Date: 2003-01-21
Institutions: Council of the European Union
Subjects: United States, agreement (EU), electrical equipment, market access, mutual recognition principle, product safety, safety standard

L 23/24

EN

Official Journal of the European Communities

28.1.2003

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 21 January 2003

suspending the Community obligations under the Sectoral Annex for Electrical Safety of the
Agreement on Mutual Recognition between the European Community and the United States of
America

(2003/57/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
in conjunction with the
nity, and in particular Article 133,
second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(6)

(7)

The Community and the United States have held,
in
accordance with the third sentence of Article 2 of the
Agreement, numerous consultations without leading to a
satisfactory solution.

The Commission will continue consultations with the
United States under the Agreement, with a view to
ensuring that the Sectoral Annex for Electrical Safety can
be implemented in accordance with its provisions,

(1)

(2)

(3)

(4)

(5)

According to Article 16 of the Agreement on Mutual
Recognition concluded between the European Commu-
nity and the United States of America (1), hereinafter
referred to as the ‘Agreement’, a Party may suspend its
obligations under a Sectoral Annex.

The United States of America has failed to fulfil its obli-
gation under the Agreement, in particular with regard to
procedures to be followed for the recognition of Confor-
mity Assessment Bodies designated by the Community.

This has led to a situation where Conformity Assessment
Bodies designated, or to be designated, by the Member
State Designating Authorities cannot be assessed, moni-
tored and recognised as envisaged by the Agreement.

the Community has lost market
As a consequence,
access with regard to conformity assessment
for its
products covered by the Sectoral Annex for Electrical
Safety.

It is also considered that the United States has failed to
maintain legal and regulatory authorities capable of
implementing the provisions of the Sectoral Annex for
Electrical Safety, in particular as it relates to the reliance
of the Occupational Safety and Health Administration
on the on-site assessment carried out by Member State
Designating Authorities of the Conformity Assessment
Bodies located on their territory.

(1) OJ L 31, 4.2.1999, p. 1.

HAS DECIDED AS FOLLOWS:

Article 1

The Community obligations under the Sectoral Annex for Elec-
trical Safety of the Agreement on Mutual Recognition between
the European Community and the United States of America are
hereby suspended in whole.

Article 2

The President of the Council
is authorised to designate the
person empowered to send, on behalf of the Community, the
annexed note to the United States of America.

Article 3

At the latest three years from the date of transmission to the
United States of the note mentioned in Article 2, the Commis-
sion shall present to the Council a report on the state of play
of the consultations with the United States and, if appropriate,
a proposal for a Council Decision repealing this Decision.

28.1.2003

EN

Official Journal of the European Communities

L 23/25

This Decision shall take effect on the day of its publication in the Official Journal of the European Commu-
nities.

Article 4

Done at Brussels, 21 January 2003.

For the Council

The President

N. CHRISTODOULAKIS

ANNEX

The Council of the European Union presents its compliments to the Mission of the United States of America to the
European Union and notifies it that the European Community has decided, in accordance with Article 16 of the Agree-
ment on Mutual Recognition between the European Community and the United States of America, to suspend its obliga-
tions in whole under the Sectoral Annex for Electrical Safety of the Agreement.

The reason for the suspension of Community obligations is that the United States of America has failed to fulfil its obli-
gation under the Agreement, in particular with regard to procedures to be followed for the recognition of Conformity
Assessment Bodes designated by the Community. This has led to a situation where Conformity Assessment Bodies desig-
nated or to be designated by the Member State Designating Authorities cannot be assessed, monitored and recognised as
envisaged by the Agreement.

As a consequence, the Community has lost market access with regard to conformity assessment for its products covered
by the Sectoral Annex for Electrical Safety.

It is also considered that the United States has failed to maintain legal and regulatory authority capable of implementing
the provisions of the Sectoral Annex for Electrical Safety, in particular as it relates to the reliance of the Occupational
Safety and Health Administration on the on-site assessment carried out by Member State Designating Authorities of the
Conformity Assessment Bodies located on their territory.

In accordance with the third sentence of Article 2 of the Agreement, the Community and the United States have held
numerous consultations without leading to a satisfactory solution.

The suspension of Community obligations as specified above is effective from the date of publication of this note in the
Official Journal of the European Communities.

The Council of the European Union takes this opportunity to renew to the Mission of the United States of America to
the European Union the assurance of its highest consideration.