2004/113/EC: Council Decision of 20 January 2004 on the conclusion of the Agreement between the European Community and Malta on conformity assessment and acceptance of industrial products (ACAA)
Date: 2004-01-20
Institutions: Council of the European Union
Subjects: Malta, agreement (EU), approval, industrial product

L 34/40

EN

Official Journal of the European Union

6.2.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 20 January 2004

on the conclusion of the Agreement between the European Community and Malta on conformity
assessment and acceptance of industrial products (ACAA)

(2004/113/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Having regard to the Treaty establishing the European Com-
munity, 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)

The Agreement between the European Community and
Malta on conformity assessment and acceptance of
industrial products (ACAA) was signed in Brussels on 19
December 2003 on behalf of
the Community, and
should be approved.

Appropriate internal procedures should be established to
ensure the proper functioning of the Agreement.

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

HAS DECIDED AS FOLLOWS:

Article 1

The President of the Council is hereby authorised to designate
the person(s) empowered to transmit, on behalf of the Com-
munity, the diplomatic note provided for in Article 17 of the
Agreement.

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 appointment of a
joint team or teams of experts, in accordance with Article
10, Article 11 and Article 14(3)(c) of the Agreement;

(b) bring about the consultations, exchanges of information
and requests for verifications and for participation in verifi-
cations, in accordance with Article 3, Article 12 and Article
14(d) and (e), and Sections III and IV of the Annexes to the
safety, electromagnetic
Agreement concerning electrical
lifts, personal protective
compatibility (EMC), machinery,
equipment
systems
and protective
(PPE),
intended for use in potentially explosive atmospheres
(ATEX), safety of toys and radio communication and tele-
communication terminal equipment (RTTE);

equipment

The Agreement between the European Community and Malta
on conformity assessment
industrial
products (ACAA) (hereinafter referred to as ‘the Agreement’),
together with the declarations attached thereto, are hereby
approved on behalf of the European Community.

and acceptance of

The text of the Agreement and the declarations is attached
hereto.

(c) if necessary, reply to requests in accordance with Article
11, Sections III and IV of the Annexes to the Agreement
concerning electrical safety, electromagnetic compatibility
(EMC), machinery,
lifts, personal protective equipment
(PPE), equipment and protective systems intended for use in
potentially explosive atmospheres (ATEX), safety of toys
and radio communication and telecommunication terminal
equipment (RTTE);

6.2.2004

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Official Journal of the European Union

L 34/41

Following consultation of the special committee referred
2.
to in paragraph 1 of this Article, the Commission shall deter-
mine the position to be taken by the Community in the Joint
Committee with regard to:

(a) amendments to the Annexes in accordance with Article

14(3)(a) of the Agreement;

(b) additions of new Annexes in accordance with Article

14(3)(b) of the Agreement;

(c) any decisions regarding disagreements over 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 Agreement;

(d) any measures taken in the application of the safeguard
clauses in Section IV of the Annexes to the Agreement
concerning electrical safety, electromagnetic compatibility
lifts, personal protective equipment
(EMC), machinery,

(PPE), equipment and protective systems intended for use in
potentially explosive atmospheres (ATEX), safety of toys
and radio communication and telecommunication terminal
equipment (RTTE);

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

Done at Brussels, 20 January 2004.

For the Council

The President

C. McCREEVY