Agreement between the European Community and the government of the Republic of Hungary laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services
Date: 2003-12-11
Institutions: European Community, Hungary
Subjects: European standard, Hungary, agreement (EU), bilateral agreement, exchange of information, information society, service, technical rule

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between the European Community and the government of the Republic of Hungary laying down a
procedure for the provision of information in the field of technical regulations and of rules on
information society services

AGREEMENT

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

on the one hand, and

THE GOVERNMENT OF THE REPUBLIC OF HUNGARY, hereinafter referred to as ‘the Republic of Hungary’,

on the other hand,

hereinafter referred to as the ‘Contracting Parties’,

HAVING REGARD to the Europe Agreement establishing an Association between the European Communities and their
Member States, of the one part, and the Republic of Hungary, of the other part (1), and in particular to the aims set out
in Article 1 thereof,

HAVING REGARD to the information procedure on technical regulations and rules on information society services
applied within the European Community (2),

HAVING REGARD to the Protocol to the Europe Agreement establishing an Association between the European Commu-
nities and their Member States, of the one part, and the Republic of Hungary, of the other part, on Conformity Assess-
ment and Acceptance of Industrial Products (PECA) (3), and in particular to the aims set out in Article 12 thereof,

CONSIDERING the commitment of the Contracting Parties to promote harmonious economic relations between them-
selves,

CONSIDERING the ongoing cooperation between the Contracting Parties in the field of technical barriers to trade and
the common understanding reached within the framework of that cooperation to extend this information procedure on
technical regulations and rules on information society services applied in the Community to the Republic of Hungary,

HAVE AGREED AS FOLLOWS:

Article 1

For the purpose of this Agreement, the following definitions
apply:

1.

2.

‘product’: any industrially manufactured product and any
agricultural product, including fish products;

‘service’: any information society service, that is to say, any
service normally provided for remuneration, at a distance,
by electronic means and at the individual request of a reci-
pient of services.

— ‘at

the individual request of a recipient of services’:
means that the service is provided through the transmis-
sion of data on individual request.

An indicative list of services not covered by this definition is
set out in Annex I.

This Agreement shall not apply to:

For the purposes of this definition:

— radio broadcasting services,

— ‘at a distance’: means that

the service is provided

without the parties being simultaneously present,

— ‘by electronic means’: means that the service is sent initi-
ally and received at its destination by means of elec-
tronic equipment for the processing (including digital
compression) and storage of data, and entirely trans-
mitted, conveyed and received by wire, by radio, by
optical means or by other electromagnetic means,

(1) OJ L 347, 31.12.1993, p. 2. Agreement as last amended by Deci-
sion No 6/2002 of the Association Council — Association between
the European Communities and their Member States, of the one
part, and the Republic of Hungary, of the other part, (OJ L 119,
14.5.2003, p. 1).

(2) Directive 98/34/EC of the European Parliament and of the Council
of 22 June 1998 laying down a procedure for the provision of
information in the field of technical standards and Regulations and
rules on Information society services (OJ L 204, 21.7.1998, p. 37).
Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998,
p. 18).

(3) OJ L 135, 17.5.2001, p. 35.

— television broadcasting services covered by point (a) of

Article 1 of Directive 89/552/EEC (4);

3.

‘technical specification’: a specification contained in a docu-
ment which lays down the characteristics required of a
product such as levels of quality, performance, safety or
dimensions,
including the requirements applicable to the
product as regards the name under which the product is
sold, terminology, symbols, testing and test methods, packa-
ging, marking or labelling and conformity assessment proce-
dures.

(4) Council Directive 89/552/EEC of 3 October 1989 on the coordina-
tion of certain provisions laid down by law, regulation or adminis-
trative action in Member States concerning the pursuit of television
broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive as
last amended by Directive 97/36/EC (OJ L 202, 30.7.1997, p. 60).

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and
The definition also covers production methods
processes used in respect of agricultural products as referred
to Article 38(1) of the Treaty establishing the European
Community, products intended for human and animal
consumption, and medicinal products as defined in Article 1
of Directive 2001/83/EEC (1), as well as production methods
and processes relating to other products, where these have
an effect on their characteristics;

6.

4.

5.

imposed on a product

‘other requirements’: a requirement, other than a technical
specification,
for the purpose of
protecting,
in particular, consumers or the environment,
and which affects its life cycle after it has been placed on
the market, such as conditions of use, recycling, reuse or
disposal, where such conditions can significantly influence
the composition or nature of the product or its marketing;

‘rule on services’: requirement of a general nature relating to
the taking-up and pursuit of service activities within the
meaning of point 2, in particular provisions concerning the
service provider, the services and the recipient of services,
excluding any rules which are not specifically aimed at the
services defined in that point.

This Agreement shall not apply to rules relating to matters
which are covered by Community legislation in the field of
telecommunications services, as defined by Directive 90/
387/EEC (2).

This Agreement shall not apply to rules relating to matters
which are covered by Community legislation in the field of
financial services, as listed non-exhaustively in Annex II to
this Agreement.

With the exception of Article 11, this Agreement shall not
apply to rules enacted by or for regulated markets within
the meaning of Directive 93/22/EEC (3) or by or for other
markets or bodies carrying out clearing or settlement func-
tions for those markets.

For the purposes of this definition:

— a rule shall be considered to be specifically aimed at
information society services where, having regard to its
statement of reasons and its operative part, the specific
aim and object of all or some of its individual provisions
is to regulate such services in an explicit and targeted
manner,

(1) Directive 2001/83/EC of

the European Parliament and of

the
Council of 6 November 2001 on the Community Code relating to
medicinal products for human use (OJ L 311, 28.11.2001, p. 67).
Directive as last amended by Directive 2002/98/EC (OJ L 33,
8.2.2003, p. 30).

the internal market

(2) Council Directive 90/387/EEC of 28 June 1990 on the establish-
services
ment of
through the implementation of open network provision (OJ L 192,
24.7.1990, p. 1). Directive as last amended by Directive 97/51/EC
(OJ L 295, 29.10.1997, p. 23).

telecommunications

for

— a rule shall not be considered to be specifically aimed at
information society services if it affects such services
only in an implicit or incidental manner;

technical

regulation’:

specifications and other
‘technical
including the relevant
requirements or rules on services,
administrative provisions,
the observance of which is
compulsory, de jure or de facto, in the case of marketing,
provision of a service, establishment of a service operator or
use in one of the Member States or a major part thereof, or
in the Republic of Hungary or a major part thereof, as well
as laws, regulations or administrative provisions of
the
Member States or of the Republic of Hungary, except those
provided for in Article 12, prohibiting the manufacture,
importation, marketing or use of a product or prohibiting
the provision or use of a service, or establishment as a
service provider.

De facto technical regulations include:

— laws,

regulations or administrative provisions of a
Member State or the Republic of Hungary which refer
either to technical specifications or to other require-
ments or to rules on services, or to professional codes or
codes of practice which in turn refer to technical specifi-
cations or to other requirements or to rules on services,
compliance with which confers a presumption of
conformity with the obligations imposed by the afore-
mentioned laws, regulations or administrative provi-
sions,

— voluntary agreements to which a public authority is a
contracting party and which provide,
in the general
interest, for compliance with technical specifications or
other requirements or rules on services, excluding public
procurement tender specifications,

— technical specifications or other requirements or rules
on services which are linked to fiscal or
financial
measures affecting the consumption of products or
services by encouraging compliance with such technical
specifications or other requirements or rules on services;
technical specifications or other requirements or rules
on services linked to national social security systems are
not included.

This comprises technical regulations imposed by the autho-
rities designated by the Member States and appearing on a
list (4) drawn up by the Commission of
the European
Communities (hereinafter referred to as the Commission) in
the framework of the Committee referred to in Article 5 of
Directive 98/34/EC. The Republic of Hungary shall draw up
such a list and forward it to the Commission on the first
day of the first month following entry into force of this
Agreement.

(3) Council Directive 93/22/EEC of 10 May 1993 on investment
services in the securities field (OJ L 141, 11.6.1993, p. 27). Direc-
tive as last amended by Directive 2002/87/EC of the European
Parliament and the Council (OJ L 35, 11.2.2003, p. 1).

The same procedure shall be used for amending this list;

(4) OJ C 23, 27.1.2000, p. 3.

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7.

‘draft technical regulation’: the text of a technical specifica-
tion or other requirement or of a rule on services, including
administrative provisions,
formulated with the aim of
enacting it or of ultimately having it enacted as a technical
regulation, the text being at a stage of preparation at which
substantial amendments can still be made.

Article 2

This Agreement shall not apply to those measures the Member
States consider necessary under the Treaty establishing the
European Community or the Republic of Hungary considers
necessary for the protection of persons, in particular workers,
when products are used, provided that such measures do not
affect the products.

Article 3

1.
Subject to Article 12, the Community shall notify the
Republic of Hungary of the draft technical regulations notified
to it by its Member States. Where these technical regulations
merely transpose the full text of an international or European
standard,
information regarding the relevant standard shall
suffice. It shall also let the Republic of Hungary have a state-
ment of the grounds which make the enactment of such a tech-
nical regulation necessary, where these have not already been
made clear in the draft.

an international or European standard,

2.
Subject to Article 12, the Republic of Hungary shall like-
wise notify the Community of its draft technical regulations.
Where these technical regulations merely transpose the full text
of
information
regarding the relevant standard shall suffice. It shall also let the
Community have a statement of the grounds which make the
enactment of such a technical regulation necessary, where these
have not already been made clear in the draft.

Article 4

A full text of the draft technical regulation notified shall be
language as well as in a full
made available in the original
translation into one of
the Com-
munity.

languages of

the official

Article 5

1. Where appropriate, and unless it has already been sent
with a prior communication, a full text in the original language
of the basic legislative or regulatory provisions principally and
directly concerned shall also be simultaneously communicated,
should knowledge of such text be necessary in order to assess
the implications of the draft technical regulation notified.

seeks

to limit

the draft

in particular,

the
2. Where,
marketing or use of a chemical substance, preparation or
product on grounds of public health or of the protection of
consumers or the environment, the Member States and the
Republic of Hungary shall also forward either a summary or
the references of all relevant data relating to the substance,
preparation or product concerned and to known and available
substitutes, where such information may be available, and
communicate the anticipated effects of the measure on public
health and the protection of the consumer and the environ-
ment, together with an analysis of the risk carried out as appro-
priate in accordance with the general principles for the risk
evaluation of chemical substances as referred to in Article 10(4)
of Regulation (EEC) No 793/93 (1) in the case of an existing
substance or in Article 3(2) of Directive 67/548/EEC (2), in the
case of a new substance.

Article 6

The Member States and the Republic of Hungary shall commu-
nicate the draft technical regulation again under the above
conditions if they make changes to the draft that have the
effect of significantly altering its scope, shortening the timetable
originally envisaged for implementation, adding specifications
or requirements, or making the latter more restrictive. Trans-
mission of these communications shall take place in accordance
with the provisions set out in Article 3.

Article 7

Each Contracting Party may ask for further information on a
draft
technical regulation notified in accordance with this
Agreement.

Article 8

1.
The Community and the Republic of Hungary may make
comments upon the draft technical regulations communicated.
The comments of the Republic of Hungary shall be forwarded
to the Commission and the comments of the Community shall
be forwarded by the Commission to the Republic of Hungary.

2.
The Member States and the Republic of Hungary shall
take such comments into account as far as possible in the
subsequent preparation of the technical regulation.

to the technical specifications or other
3. With respect
requirements or rules on services referred to in the third indent
of
the
the second subparagraph of point 6 of Article 1,
comments of the Contracting Parties may concern only aspects
which may hinder trade or, in respect of rules on services, the
free movement of services or the freedom of establishment of
service operators and not the fiscal or financial aspects of the
measure.

(1) Council Regulation (EEC) No 793/93 of 23 March 1993 on the
evaluation and control of the risks of existing substances (OJ L 84,
5.4.1993, p. 1).

(2) Council Directive 67/548/EEC of 27 June 1967 on the approxima-
tion of laws, regulations and administrative provisions relating to
the classification, packaging and labelling of dangerous substances
(OJ L 196, 16.8.1967, p. 1). Directive as last amended by Regu-
lation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

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The Commission shall, when a six-month standstill

is
4.
invoked according to the rules set out in Directive 98/34/EC,
inform the Republic of Hungary thereof.

the Republic of Hungary is concerned transpose into
national law Community acts which result in the adoption
of technical specifications or rules on services,

Article 9

The competent authorities of
the Member States and the
Republic of Hungary shall postpone the adoption of a draft
technical regulation notified for three months from the date of
receipt by the Commission of the text thereof.

— fulfil as far as the Member States are concerned the obliga-
tions arising out of international agreements which result in
the adoption of common technical specifications or rules
on services in the Community,

— fulfil as far as the Republic of Hungary is concerned the
obligations arising out of international agreements which
result in the adoption of common technical specifications
or rules on services in the Republic of Hungary and the
Community,

Article 10

— make use of safeguard clauses provided for in binding Com-

munity acts,

The standstill period referred to in Article 9 shall not apply in
those cases where:

— apply Article 8(1) of Directive 92/59/EEC (1),

— for urgent reasons, occasioned by serious and unforeseeable
circumstances relating to the protection of public health or
safety, the protection of animals or the preservation of
plants and, for rules on services, also for public policy,
notably the protection of minors, the competent authorities
are obliged to prepare technical regulations in a very short
space of time in order to enact and introduce them immedi-
ately without any consultations being possible, or

— for urgent reasons occasioned by serious circumstances
relating to the protection of the security and the integrity
of the financial system, notably the protection of depositors,
investors and insured persons, the competent authorities
are obliged to enact and implement rules on financial
services immediately.

The reasons which warrant the urgency of the measures taken
shall be given. The justification for urgent measures shall be
detailed and clearly explained with particular emphasis on the
unpredictability and the seriousness of the danger confronting
the concerned authorities as well as the absolute necessity for
immediate action to remedy it.

Article 11

The final text in the original language of a technical regu-

1.
lation shall also be communicated.

2.
The administrative arrangements for the abovementioned
notifications are detailed in Annex III of this Agreement. The
the administrative arrangements concerning the
details of
communications shall be jointly agreed by the Contracting
Parties.

Article 12

1.
Articles 3 to 10 shall not apply to those laws, regulations
and administrative provisions of the Member States and the
Republic of Hungary or voluntary agreements by means of
which Member States or the Republic of Hungary:

— comply as far as the Member States are concerned with
binding Community acts which result in the adoption of
technical specifications or rules on services, and as far as

— restrict

themselves to implementing a judgment of

the

Court of Justice of the European Communities,

— restrict

themselves to amending a technical

regulation
within the meaning of point 6 of Article 1, in accordance
with a Commission request, with a view to removing an
obstacle to trade or, in the case of rules on services, to the
free movement of services or the freedom of establishment
of service operators.

2.
Articles 9 and 10 shall not apply to the laws, regulations
and administrative provisions of the Member States and of the
Republic of Hungary prohibiting manufacture insofar as they
do not impede the free movement of products.

3.
Article 9 and 10 shall not apply to the technical specifica-
tions or other requirements or the rules on services referred to
in the third indent of the second subparagraph of point 6 of
Article 1.

Article 13

Information supplied under this Agreement shall be considered
as confidential upon request. However, both the Community
and the Republic of Hungary may, provided that the necessary
precautions are taken, consult for an expert opinion natural or
legal persons, including persons in the private sector.

Article 14

1.
The Contracting Parties shall, within the framework of
the established cooperation between experts of the Community
and the Republic of Hungary in the field of technical barriers
to trade, hold regular consultations both to ensure the satisfac-
tory functioning of the procedure laid down in this Agreement
and to exchange views on the comments which have been
submitted by any Contracting Party concerning a draft tech-
nical regulation notified in accordance with this Agreement.
Furthermore, by common consent, the Contracting Parties may
hold additional ad hoc meetings to deal with specific cases of
particular interest to either Contracting Party.

(1) Council Directive 92/59/EEC of 29 June 1992 on general product

safety (OJ L 228, 11.8.1992, p. 24).

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to
The Republic of Hungary shall appoint an expert
2.
represent it in meetings of the Committee established under
Article 5 of Directive 98/34/EC, part
‘information society
services’ and ‘technical regulations’. The expert must be a
member of
the Republic of
Hungary. The expert shall not be entitled to vote.

the government

services of

3.
The Commission shall, in good time, inform the expert of
the dates of the meetings, and of the items on the agenda of
the Committee. The Commission shall forward relevant infor-
mation to the expert.

4.
On the initiative of its chairman, the Committee may
meet without the expert representing the Republic of Hungary
being present. In that case the Republic of Hungary shall be
informed.

Article 16

This Agreement shall enter into force on the first day of the
first month following the date on which the Contracting Parties
have exchanged diplomatic Notes confirming the completion
of their respective procedures for the entry into force of this
Agreement.

Article 17

This Agreement shall expire on the date of accession of the
Republic of Hungary to the European Union.

Article 15

Article 18

This Agreement shall apply, on the one hand, to the territories
in which the Treaty establishing the European Community is
applied and under the conditions laid down in that Treaty and,
on the other hand, to the territory of the Republic of Hungary.

This Agreement is drawn up in two originals in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Portu-
guese, Spanish, Swedish and Hungarian languages, each text
being equally authentic.

Hecho en Bruselas, el once de diciembre del dos mil tres.

Udfærdiget i Bruxelles den ellevte december to tusind og tre.

Geschehen zu Brüssel am elften Dezember zweitausendunddrei.
Έγινε στις Βρυξέλλες, στις ένδεκα ∆εκεµβρίου δύο χιλιάδες τρία.

Done at Brussels on the eleventh day of December in the year two thousand and three.

Fait à Bruxelles, le onze décembre deux mille trois.

Fatto a Bruxelles, addì undici dicembre duemilatre.

Gedaan te Brussel, de elfde december tweeduizenddrie.

Feito em Bruxelas, em onze de Dezembro de dois mil e três.

Tehty Brysselissä yhdentenätoista päivänä joulukuuta vuonna kaksituhattakolme.

Som skedde i Bryssel den elfte december tjugohundratre.

Kelt Brüsszelben, 2003. december 11-én

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Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

A Magyar Köztársaság Kormánya részéro˝l

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ANNEX I

INDICATIVE LIST OF SERVICES NOT COVERED BY THE SECOND SUBPARAGRAPH OF POINT 2 OF
ARTICLE 1

1. Services not provided ‘at a distance’

Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic
devices:

(a) medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physi-

cally present;

(b) consultation of an electronic catalogue in a shop with the customer on site;

(c) plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of

computers;

(d) electronic games made available in a video-arcade where the customer is physically present.

2. Services not provided ‘by electronic means’

Services having material content even though provided via electronic devices:

(a) automatic cash or ticket dispensing machines (banknotes, rail tickets);

(b) access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit

controlling access and/or ensuring correct payment is made.

Off-line services: distribution of CD roms or software on diskettes.

Services which are not provided via electronic processing/inventory systems:

(a) voice telephony services;

(b) telefax/telex services;

(c) services provided via voice telephony or fax;

(d) telephone/telefax consultation of a doctor;

(e) telephone/telefax consultation of a lawyer;

(f) telephone/telefax direct marketing.

3. Services not supplied ‘at the individual request of a recipient of services’

Services provided by transmitting data without individual demand for simultaneous reception by an unlimited
number of individual receivers (point to multipoint transmission):

(a) television broadcasting services (including near-video on-demand services), covered by point (a) of Article 1 of

Directive 89/552/EEC;

(b) radio broadcasting services;

(c) (televised) teletext.

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INDICATIVE LIST OF THE FINANCIAL SERVICES COVERED BY THE THIRD SUBPARAGRAPH OF POINT 5
OF ARTICLE 1

ANNEX II

— Investment services

— Insurance and reinsurance operations

— Banking services

— Operations relating to pension funds

— Services relating to dealings in futures or options.

Such services include in particular:

(a) investment services referred to in the Annex to Directive 93/22/EEC services of collective investment undertakings;

(b) services covered by the activities subject to mutual recognition referred to in Annex I to Directive 2000/12/EC (1);

(c) operations covered by the insurance and reinsurance activities referred to in:

— Article 1 of Directive 73/239/EEC (2),
— the Annex to Directive 79/267/EEC (3),
— Directive 64/225/EEC (4),
— Directives 92/49/EEC (5) and 92/96/EEC (6).

(1) Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the

business of credit institutions (OJ L 126, 26.5.2000, p. 1). Directive as last amended by Directive 2002/87/EC.

(2) First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to
the taking-up and pursuit of the business of direct insurance other than life assurance (OJ L 228, 16.8.1973, p. 3). Directive as last
amended by Directive 2002/87/EC.

(3) First Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating
to the taking-up and pursuit of the business of direct life assurance (OJ L 63, 13.3.1979, p. 1). Directive as last amended by Directive
2002/87/EC.

(4) Council Directive 64/225/EEC of 25 February 1964 on the abolition of restrictions on freedom of establishment and freedom to
provide services in respect of reinsurance and retrocession (OJ 56, 4.4.1964, p. 878). Directive as amended by the 1973 Act of Acces-
sion.

(5) Council Directive 92/49/EEC of 18 June 1992 on the coordination of the laws, regulations and administrative provisions relating to

direct insurance other than life assurance (OJ L 228, 11.8.1992, p. 1). Directive as last amended by Directive 2002/87/EC.

(6) Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to

direct life assurance (OJ L 360, 9.12.1992, p. 1). Directive as last amended by Directive 2002/87/EC.

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ANNEX III

Pursuant to Article 11(2) of the Agreement,
necessary:

the following communications by electronic means are considered

1. notification slips. They may be communicated before or together with the transmission of the full text;

2. the full text of the draft technical regulation notified;

3. acknowledgement of receipt of the draft text, containing, inter alia, the relevant expiry date of the standstill period;

4. messages requesting supplementary information;

5. answers to request for supplementary information;

6. comments;

7. requests for ad hoc meetings;

8. answers to requests for ad hoc meetings;

9. requests for final texts;

10.

information that a six-month standstill referred to in Article 8(4) has been called.

The following communications may, for the time being, be transmitted by fax, even though electronic means are
preferable:

11. basic legal texts or regulatory provisions;

12. the final text.