2003/337/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 Slovak Republic, of the other part, on conformity assessment and acceptance of industrial products (PECA)
Date: 2003-04-14
Institutions: Council of the European Union
Subjects: Slovakia, agreement (EU), approval, industrial product, product safety, protocol to an agreement

15.5.2003

EN

Official Journal of the European Union

L 120/39

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 Slovak
Republic, of the other part, on conformity assessment and acceptance of industrial products
(PECA)

(2003/337/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,

(7)

(8)

(9)

Certain tasks for implementation have been conferred to
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,

Whereas:

The Europe Agreement
establishing an association
between the European Communities and their Member
States, of the one part, and the Republic of the Slovak
Republic of the other part, (1) entered into force on 1
February 1995.

HAS DECIDED AS FOLLOWS:

Article 1

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.

The Protocol
to the Europe Agreement with the Slovak
Republic on conformity assessment and acceptance of indus-
trial products (hereinafter referred to as the Protocol), as well as
the declaration annexed thereto, are hereby approved on behalf
of the European Community.

Article 108(2) of the Europe Agreement provides that
the Association Council may delegate to the Association
Committee any of its powers.

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

Article 2 of Decision 94/909/ECSC, EC, Euratom of the
Council and the Commission of 19 December 1994 on
the conclusion of the Europe Agreement between the
European Communities and their Member States, of the
one part, and the Slovak Republic, 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 Association
Committee.

Article 14 of Decision No 1/1995 of the Association
Council between the European Communities and their
Member States, of the one part, and the Slovak Republic,
of the other part of 17 May 1995 on its rules of proce-
dure provides that the Association Council may set up
further subcommittees or groups to assist it in carrying
out its duties.

The draft Protocol to the Europe Agreement on confor-
mity assessment and acceptance of industrial products
was signed in Brussels on 26 February 2003, on behalf
of the Community, and should be approved.

(1) OJ L 359, 31.12.1994, p. 2.
(2) OJ L 359, 31.12.1994, p. 1.

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.

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
of joint team or teams of experts, in accordance with Arti-
cles 10, 11 and 14(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 machinery, personal protective equipment, elec-
trical safety, electromagnetic compatibility and equipment
and protective systems intended for use in potentially
explosive atmospheres;

(1)

(2)

(3)

(4)

(5)

(6)

L 120/40

EN

Official Journal of the European Union

15.5.2003

(c) if necessary, reply to requests in accordance with Article
11, Sections III and IV of the Annexes to the Protocol
concerning machinery, personal protective equipment, elec-
trical safety, electromagnetic compatibility and equipment
and protective systems intended for use in potentially
explosive atmospheres.

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;

(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
clauses in Section IV of
the Protocol
concerning machinery, personal protective equipment, elec-

the Annexes of

trical safety, electromagnetic compatibility and equipment
and protective systems intended for use in potentially
explosive atmospheres;

(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 Luxembourg, 14 April 2003.

For the Council

The President

A. GIANNITSIS