Proposal for a Council Decision Concerning the Community position within the Association Committee established by the Europe Agreement between the European Communities and their Member States, on the one part, and Hungary, on the other part, on the addition of Annexes to the Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products (PECA)
Date: 2003-07-18
Institutions: European Commission
Subjects: Association Council (EU), Hungary, approval, industrial product, mutual recognition principle, product safety, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 18.7.2003
COM(2003) 435 final

Proposal for a

COUNCIL DECISION

Concerning the Community position within the Association Committee established by
the Europe Agreement between the European Communities and their Member States,
on the one part, and Hungary, on the other part, on the addition of Annexes to the
Protocol to the Europe Agreement on Conformity Assessment and Acceptance of
Industrial Products (PECA)

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Europe  Agreement1  (EA)  establishing  an  Association  between 
the  European
Communities and their Member States, on the one part, and Hungary, on the other part, came
into  force  on  1  February  1994.  A  Protocol2  to  the  EA  on  Conformity  Assessment  and
Acceptance of Industrial Products (PECA) was signed on 26 February 2001 and entered into
force on 1 June 2001.

The  PECA  facilitates  trade  through  the  elimination  of  technical  barriers  to  trade  in  the
(industrial)  sectors,  which  it  covers.  Annexes  to  the  PECA  specify  these  particular  sectors
(e.g.  hot-water  boilers,  gas  appliances)  and  list  the  relevant  Community  and  Hungarian
legislation, notifying bodies and any specific arrangements, for example safeguard clauses.

Following analysis by the Commission services, it is judged that Hungary has now aligned its
legislation,  administrative  structures  and  procedures  to  such  an  extent  that  it  is  possible  to
consider the addition of two new annexes to the existing eight which make up its PECA. The
annexes concern the mutual recognition of results of conformity assessment on equipment and
protective  systems  intended  for  use  in  potentially  explosive  atmospheres  (ATEX)  and  on
pressure equipment.

Article 14 of the Protocol on Conformity Assessment and Acceptance of Industrial Products
foresees that the Association Council can decide to add new annexes to the PECA. However,
it also states that the Association Council may delegate the responsibilities set out under the
Protocol, in conformity with Article 108 (2) of the Europe Agreement. Decision No. 5/2002
of the EU-Hungary Association Council of 11 October 2002 delegates the management of the
PECA  to  the  Association  Committee.3  This  shall  also  include  the  addition  of  new  annexes.
Article 3(3) of the Decision concluding the PECA4 specifies that the position to be taken by
the  Community  in  the  Association  Council  and,  where  applicable,  in  the  Association
Committee, in such cases shall be determined by the Council, acting by qualified majority on
a proposal by the Commission.

The attached Proposal has no financial implications.

For the reasons set out above, the Council is invited to adopt the annexed decision.

1

2

3

4

OJ L347, 13.12.1993, p. 1.
OJ L135, 17.05.2001, p. 37.
OJ L338, 14.12.2002, p. 32.
OJ L135, 17.05.2001, p. 2.

2

                                                
Proposal for a

COUNCIL DECISION

Concerning the Community position within the Association Committee established by
the Europe Agreement between the European Communities and their Member States,
on the one part, and Hungary, on the other part, on the addition of Annexes to the
Protocol to the Europe Agreement on Conformity Assessment and Acceptance of
Industrial Products (PECA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having  regard  to  the  Council  Decision  of  4  April  2001  on  the  conclusion  of  a  Protocol  on
Conformity  Assessment  and  Acceptance  of  Industrial  Products5  with  Hungary  and  in
particular Article 3(3) thereof,

Having regard to the proposal from the Commission6,

Whereas:

(1)

(2)

(3)

The Europe Agreement between the European Communities and their Member States,
on the one part, and Hungary, on the other part, entered into force on 1 February 19947

The Protocol to the Europe Agreement on Conformity Assessment and Acceptance of
Industrial  Products  (PECA),  signed  in  Brussels  on  26  February  2001,  entered  into
force on 1 June 20018

Article  14  of  the  Protocol  on  Conformity  Assessment  and  Acceptance  of  Industrial
Products foresees that the Association Council can decide to add new annexes to the
PECA.  However,  it  also  states  that  the  Association  Council  may  delegate  the
responsibilities  set  out  under  the  Protocol,  in  conformity  with  Article  108  (2)  of  the
Europe Agreement. Decision No. 5/2002 of the EU-Hungary Association  Council  of
11  October  2002  delegates  the  management  of  the  PECA  to  the  Association
Committee.9 This  shall also include the  addition  of  new  annexes.  Article  3(3)  of  the
Decision  concluding  the  PECA10  specifies  that  the  position  to  be  taken  by  the
Community  in  the  Association  Council  and,  where  applicable,  in  the  Association
Committee,  in  such  cases  shall  be  determined  by  the  Council,  acting  by  qualified
majority on a proposal by the Commission.

5

6

7

8

9

10

OJ L 135, 17.05.2001, p. 37.
OJ C , , p. .
OJ L347, 13.12.1993, p. 1.
OJ L135, 17.05.2001, p. 3.
OJ L338, 14.12.2002, p. 32.
OJ L135, 17.05.2001, p. 2.

3

                                                
(4)

The position of the Community should be  established with respect  to the addition of
annexes to the PECA on the mutual recognition of results of conformity assessment on
equipment  and  protective  systems  intended  for  use  in  potentially  explosive
atmospheres (ATEX) and on pressure equipment.

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be taken by the Community within the Association Committee established by
the Europe Agreement between the European Communities and their Member States, on the
one part, and  Hungary, on the  other  part,  on  the  addition  of  Annexes  to  the  Protocol  to  the
Europe Agreement on Conformity Assessment and Acceptance of Industrial Products (PECA)
is contained in the attached draft decision of the Association Committee.

Done at Brussels,

For the Council
The President

4

ANNEX 1

DRAFT DECISION NO. …/03 OF THE ASSOCIATION COMMITTEE ESTABLISHED BY THE
EUROPE AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER
STATES , ON THE ONE PART, AND HUNGARY, ON THE OTHER PART

OF ….. 2003

ON THE ADDITION OF ANNEXES TO THE PROTOCOL TO THE EUROPE AGREEMENT ON
CONFORMITY ASSESSMENT AND THE ACCEPTANCE OF INDUSTRIAL PRODUCTS

THE ASSOCIATION COMMITTEE,

Having regard to the Europe Agreement11 establishing an association between the  European
Communities and their Member States, on the one part, and Hungary on the other part,

Having regard to the  Protocol to the Europe  Agreement on Conformity  Assessment  and  the
Acceptance of Industrial Products12, and in particular to Article 14 (b) thereof

Whereas  the  Protocol  on  Conformity  Assessment  and  Acceptance  of  Industrial  Products
(PECA) entered into force on 1 June 200113

Whereas Article 14 (2) of the said protocol foresees that the Association Council can delegate
the responsibilities set out under the PECA to the Association Committee

Whereas  Decision  No.  5/2002  of  the  EU-Hungary  Association  Council  of  11  October  2002
delegates the management of the PECA to the Association Committee14

Whereas  extension  of  the  PECA  to  cover  additional  sectors  will  further  eliminate  technical
barriers to trade between the parties

Whereas  it  is  considered  that  Hungary  has  now  aligned  its  legislation,  administrative
structures and procedures in the areas concerned

HAS DECIDED AS FOLLOWS:

Article 1

Following  the  alignment  of  the  relevant  Hungarian  legislation  administrative  structures  and
procedures, the following new annexes are hereby added to the PECA.

11

12

13

14

OJ L347, 13.12.1993, p. 1
OJ L135, 17.05.2001, p. 37
OJ L135, 17.05.2001, p. 37
OJ L338, 14.12.2002, p. 32.

5

                                                
Mutual recognition of conformity assessment:

(cid:1)  Equipment  and  protective  systems  intended  for  use  in  potentially  explosive  atmospheres

(ATEX),

(cid:1)  Pressure equipment

The text of these annexes is attached.

This decision shall enter into force on the day of its adoption.

Article 2

Done at Brussels, …. 2003

For the Association Committee

The President

6

ANNEX 2

ANNEX ON MUTUAL RECOGNITION

OF RESULTS OF CONFORMITY ASSESSMENT

PRESSURE Equipment

SECTION I

Community law:

National law:

COMMUNITY AND NATIONAL LAW

Council  Directive  87/404/EEC  of  25  June  1987  on  the
approximation  of  the  laws  of  the  Member  States  relating  to
simple  pressure  vessels  (OJ  L  220,  08.8.1987,  p.  48),  as  last
amended  by  Council  Directive  93/68/EEC  of  22 July 1993(OJ
L 220, 30.8.1993, p. 1).

European  Parliament  and  Council  Directive  97/23/EC  of
29 May 1997 on the approximation of the laws of the Member
States  concerning  pressure  equipment  (OJ  L  181,  9.7.1997,  p.
1).

Decree No 48/2002 (XII.28.) GM of the Minister for Economy
and  Transport  on  the  modification  of  the  Decree  No.  9/2001
(IV.5.) GM of the Minister for Economic Affairs on the safety
requirements  related  to  and  the  conformity  assessment  of
pressure equipment and assemblies.

SECTION II

NOTIFYING AUTHORITIES

European Community:

(cid:1)  Belgium

(cid:1)  Denmark

(cid:1)  Germany

(cid:1)  Greece

(cid:1)  Spain

(cid:1)  France

(cid:1)  Ireland

(cid:1)  Italy

Ministère 
Economische Zaken.

des  Affaires 

Direktoratet for Arbejdstilsynet.

Economiques/Ministerie 

van

Bundesministerium für Arbeit und Sozialordnung.

Υπουργείο  Ανάπτυξης.  Γενική  Γραµµατεία  Βιοµηχανίας.
(Ministry of Development. General Secretariat of Industry).

Ministerio de Ciencia y Tecnología

l'économie,  des  finances  et  de 

l'industrie,
Ministère  de 
Direction  de  l'Action  Régionale  de  la  Petite  et  Moyenne
Industrie (DARPMI), Sous-direction de la sécurité industrielle.

Department of Enterprise and Employment.

Ministero dell'Industria, del Commercio e dell'Artigianato.

7

(cid:1)  Luxembourg

(cid:1)  Netherlands

(cid:1)  Austria

(cid:1)  Portugal

(cid:1)  Finland

(cid:1)  Sweden

Ministère du Travail et de l'Emploi.

Ministerie van Sociale Zaken en Werkgelegenheid.

Bundesministerium für Wirtschaft und Arbeit.

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

Kauppa-ja 
industriministeriet.

teollisuusministeriö/Handels- 

och

Under  the  authority  of  the  Government  of  Sweden:  Styrelsen
för ackreditering och teknisk kontroll (SWEDAC).

(cid:1)  United Kingdom

Department of Trade and Industry.

Hungary

Ministry of Economy and Transport

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 Hungary in accordance with Article 10 of this
Protocol.

Hungary:

Bodies  which  have  been  authorised  by  Hungary  in  accordance  with  the  Hungarian  national
law of Section I and notified to the Community in accordance with Article 10 of this Protocol.

SECTION IV

SPECIFIC ARRANGEMENTS

Safeguard Clauses

A.

1.

2.

3.

Safeguard clause relating to industrial products.

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.

The  Parties  shall  consider  the  matter  and  the  evidence  brought  to  their  knowledge
and shall report to each other the results of their investigations.

In case of agreement, the Parties shall take appropriate measures to ensure that such
products are not placed on the market.

8

4.

5.

B.

1.

2.

3.

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.

Where the Association Council finds that the measure is:

(a)

(b)

unjustified, the national authority of the Party who has taken the measure shall
withdraw it;

justified,  the  Parties  shall  take  appropriate  measures  to  ensure  that  such
products are not placed on the market.

Safeguard clause relating to harmonised standards.

Where  Hungary  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 thereof.

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 the present annex.

The Community shall keep the Association Council and the other Party informed of
the proceedings.

The outcome of the procedure shall be notified to the other Party.

9

ANNEX 3

ANNEX ON MUTUAL RECOGNITION OF RESULTS OF CONFORMITY ASSESSMENT

EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE
ATMOSPHERES

Section I

COMMUNITY AND NATIONAL LAW

European  Parliament  and  Council  Directive  94/9/EC  of  23
March 1994 on the approximation of the laws of the Member
States relating to Equipment and Protective Systems intended
for  use  in  Potentially  Explosive  Atmospheres  (OJ  L  100,
19.4.1994, p.1).

Decree  No.  8/2002  (II.16.)  GM  of  the  Minister  of  Economic
Affairs  on  the  testing  and  certification  of  equipment  and
protective  systems  intended  for  use  in  potentially  explosive
atmospheres,  as  last  amended  by  Decree  31/2003  (V.16)
GKM (Magyar Közlöny 52, 16 May 2003, p.4665)

Section II

NOTIFYING AUTHORITIES

des  Affaires  Economiques/Ministerie 

Ministère 
Economische Zaken.
For electrical aspects:

van

Økonomi- og Erhvervsministeriet, Elektricitetsrådet

For mechanical aspects:

Arbejdsministeriet, Arbejdstilsynet

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

Bundesministerium für Arbeit und Sozialordnung

Υπουργείο  Ανάπτυξης.  Γενική  Γραµµατεία  Βιοµηχανίας
(Ministry of Development. General Secretariat of Industry).

Ministerio de Ciencia y Tecnología.

Department of Enterprise and Employment

Ministero delle Attività Produttive

Community law:

National law:

European Community

- Belgium:

- Denmark:

- France:

- Germany:

- Greece:

- Spain:

- Ireland:

- Italy:

- Luxembourg:

Ministère de l'Economie – Service de l'Energie de l'Etat

- Netherlands:

Minister van Sociale Zanken en Werkgelegenheid

- Austria:

- Portugal:

Bundesministerium für Wirtschaft und Arbeit

Under the authority of the Government of Portugal:

10

Instituto Português da Qualidade

- Finland:

Kauppa- 
industriministeriet

ja 

teollisuusministeriö 

/ 

Handels-och

- Sweden:

Under the authority of the Government of Sweden :

Styrelsen för ackreditering och teknisk kontrol (SWEDAC).

- United Kingdom:

Department of Trade and Industry

Hungary:

Ministry of Economy and Transport

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 Hungary in accordance with Article 10 of this
Agreement.

Hungary

Bodies  which  have  been  authorised  by  Hungary  in  accordance  with  the  Hungarian  national
law  of  Section  I  and  notified  to  the  Community  in  accordance  with  Article  10  of  this
Agreement.

Section IV

SPECIFIC ARRANGEMENTS

1.

Transitional arrangements

The certificates issued in the EC Member States in conformity with Directives 76/117/EEC,
79/196/EEC and 82/130/EEC will be recognised as  a proof of  conformity assessment under
the Hungarian Act. Based on these certificates, the importer of these products in Hungary will
issue  a  declaration  of  conformity  of  the  relevant  product  to  the  applicable  requirements
referred to in this paragraph.

2.

Safeguard Clauses

A. Safeguard clause relating to industrial products.

1.

2.

3.

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.

The  Parties  shall  consider  the  matter  and  the  evidence  brought  to  their  knowledge,
and shall report to each other the results of their investigations.

In case of agreement, the Parties shall take appropriate measures to ensure that such
products are not placed on the market.

11

4.

5.

In  case  of  disagreement  on  the  outcome  of  such  investigations  the  matter  shall  be
forwarded to the Joint Committee who may decide to have an expertise carried out.

Where the Joint Committee finds that the measure is:

(a)

(b)

unjustified, the national authority of the Party who has taken the measure shall
withdraw it;

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.

2.

3.

4.

Where  Hungary  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 Joint Committee giving the reasons therefor.

The  Joint  Committee  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.

The Community shall keep the Joint Committee and the other Party informed of the
proceedings.

The outcome of the procedure shall be notified to the other Party.

12