2003/336/EC: Council Decision of 14 April 2003 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: 2003-04-14
Institutions: Council of the European Union
Subjects: Estonia, agreement (EU), approval, industrial product, product safety, protocol to an agreement

L 120/24

EN

Official Journal of the European Union

15.5.2003

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 14 April 2003

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)

(2003/336/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,

Whereas:

(1)

(2)

(3)

(4)

establishing an association
The Europe Agreement
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 1 February 1998.

Article 75 of the Europe Agreement provides that coop-
eration in the fields of standardisation and conformity
assessment is to seek to achieve the conclusion of agree-
ments on mutual recognition.

Article 113(2) of the Europe Agreement provides that
the Association Council may delegate to the Association
Committee any of its powers.

Article 2 of Decision 98/180/EC, ECSC, Euratom of the
Council and the Commission of 19 December 1997 on
the conclusion of the Europe Agreement between the
European Communities and their Member States, of the
one part, and the Republic of Estonia, of the other
part (2), 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.

(5)

Article 14 of Decision No 1/1998 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 23 February 1998 on its
rules of procedure (3) provides
the Association
Committee may set up further subcommittees or groups
to assist it in carrying out its duties.

that

The draft Protocol to the Europe Agreement on confor-
mity assessment and acceptance of industrial products
was signed in Brussels on 6 March 2003 on behalf of
the Community and should be approved.

Certain tasks for implementation have been entrusted to
the Association Council,
the
power to amend the Annexes to the Protocol.

including in particular

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,

(6)

(7)

(8)

(9)

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 thereto, are hereby approved on behalf of
the European Community.

The text of the Protocol and of the declaration is attached to
this Decision.

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

(3) OJ L 73, 12.3.1998, p. 17.

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Official Journal of the European Union

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Article 2

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

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

Article 3

The Commission, after consultation with the special

1.
committee appointed by the Council, shall:

(a) put into effect the notifications, acknowledgements, suspen-
sions and withdrawals of bodies, and appointments of the
joint team or teams of experts, in accordance with Articles
10, 11 and 14, indent c) of the Protocol;

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

concerning

(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 the safety of toys.

2.
Following consultation of the special committee referred
to in paragraph 1 of this Article, the Commission shall deter-
mine the position to be taken by the Community in the Asso-
in the Association
ciation Council and, where applicable,
Committee, with regard to:

(a) amendments to the Annexes in accordance with Article 14,

point (a) of the Protocol;

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 electrical safety, electromagnetic compatibility,
lifts and the safety of toys;

the Annexes of

(e) any measures concerning the verification, suspension, or
withdrawal of industrial products having mutual acceptance
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 Luxembourg, 14 April 2003.

For the Council

The President

A. GIANNITSIS