2003/95/EC: Council Decision of 27 January 2003 on the conclusion of a 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: 2003-01-27
Institutions: Council of the European Union
Subjects: Slovenia, approval, association agreement (EU), industrial product, product safety, protocol to an agreement

12.2.2003

EN

Official Journal of the European Union

L 36/15

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 27 January 2003

on the conclusion of a 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

(2003/95/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, 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 (1),

Whereas:

(1)

(2)

(3)

(4)

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 (2), entered into force on 1 February 1999.

Article 76(2) of the Europe Agreement provides that
cooperation in the fields of standardisation and confor-
mity assessment is to seek to achieve the conclusion of
agreements on mutual recognition.

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

Article 2 of Decision 1999/144/EC, ECSC, Euratom of
the Council and the Commission of 21 December 1998
on the conclusion of the Europe Agreement between the
European Communities and their Member States, of the
one part, and the Republic of Slovenia, of the other
part (3), provides for the Community decision-making
procedures and for the presentation of the Community
position in the Association Council and in the Associa-
tion Committee.

(1) OJ C 291, 26.11.2002, p. 250.
(2) OJ L 51, 26.2.1999, p. 3.
(3) OJ L 51, 26.2.1999, p. 1.

(5)

(6)

(7)

(8)

(9)

Article 14 of Decision No 1/1999 of the Association
Council between the European Communities and their
Member States, of the one part, and the Republic of
Slovenia, of the other part of 22 February 1999 on its
rules of procedure (4) provides
the Association
Committee may set up further subcommittees or groups
to assist in carrying out its duties.

that

The Protocol to the Europe Agreement on Conformity
Assessment and Acceptance of Industrial Products, was
signed in Brussels on 26 November 2002, on behalf of
the Community, and should be approved.

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

The appropriate internal procedures should be estab-
lished to ensure the proper functioning of the Protocol.

It is necessary to empower the Commission to make
certain technical amendments to this Protocol and to
take certain decisions for its implementation,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the Europe Agreement with the Republic of
Slovenia on Conformity Assessment and Acceptance of Indus-
trial 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.

(4) OJ L 96, 10.4.1999, p. 13.

L 36/16

EN

Official Journal of the European Union

12.2.2003

The text of the Protocol, and of the declaration annexed to the
Final Act thereto, is attached to this Decision.

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

of the Protocol;

Article 2

The President of the Council shall, on behalf of the Commu-
nity, transmit the diplomatic note provided for in Article 17 of
the Protocol (1).

Article 3

After consultation with the special committee appointed

1.
by the Council, the Commission shall:

(a) carry into effect

the notifications, acknowledgements,
suspensions and withdrawals of bodies, and appointments
of joint team or teams of experts, in accordance with Arti-
cles 10, 11 and 14, indent (c) of the Protocol;

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

(c) if necessary, reply to requests in accordance with Article
11, Sections III and IV of the Annexes to the Protocol
concerning electrical safety, electromagnetic compatibility,
machinery and gas appliances.

Following consultation of the special committee referred
2.
to in paragraph 1, the Commission shall 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(a) of the Protocol;

(c) any decisions regarding disagreements on the results of the
verifications and the suspensions, in part or totally, of any
notified body in accordance with the second and third
subparagraphs of Article 11 of the Protocol;

(d) any measures taken in the application of the safeguard
the Protocol
clauses in Section IV of
concerning electrical safety, electromagnetic compatibility,
machinery and gas appliances;

the Annexes of

(e) any measures concerning the verification, suspension, or
withdrawal of industrial products as having mutual accep-
tance under Article 4 of the Protocol.

3.
In all other cases the position to be taken by the Commu-
nity 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.

Done at Brussels, 27 January 2003.

For the Council

The President

G. PAPANDREOU

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