Agreement between the European Community and the Czech Republic laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services
Date: 2004-04-22
Institutions: Czechia, European Community
Subjects: Czechia, European standard, agreement (EU), bilateral agreement, exchange of information, information society, service, technical regulations

L 117/2

EN

Official Journal of the European Union

22.4.2004

between the European Community and the Czech Republic laying down a procedure for the provi-
sion 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 CZECH REPUBLIC,

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 Czech Republic, of the other part (1), hereinafter referred to as ‘the Europe
Agreement’, 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 on conformity assessment and acceptance of industrial
products (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 Czech Republic,

HAVE AGREED AS FOLLOWS:

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

Article 1

This Agreement shall not apply to:

— radio broadcasting services,

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

— television broadcasting services covered by point (a) of

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

(a) ‘product’: any industrially manufactured product and any

agricultural product, including fish products;

(b) ‘service’: any information society service, by which is meant
any service normally provided for
remuneration, at a
distance, by electronic means and at the individual request
of a recipient of services.

For the purposes of this definition:

— ‘at a distance’: means that

the service is provided

without the parties being simultaneously present,

— ‘by electronic means’: means that the service is sent
initially 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,

— ‘at the individual request of a recipient of services’:
means that the service is provided through the trans-
mission of data on individual request.

(1) OJ L 360, 31.12.1994, p. 2.
(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. 3.

(c) ‘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,
testing and test methods,
packaging, marking or labelling and conformity assessment
procedures.

terminology,

symbols,

This definition also covers production methods and
processes used in respect of agricultural products as
referred to in 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/EC (5), as well as production
methods and processes relating to other products, where
these have an effect on their characteristics;

(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).
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 amended by Directive 2002/98/EC (OJ L 33, 8.2.2003,
p. 30).

the European Parliament and of

(5) Directive 2001/83/EC of

22.4.2004

EN

Official Journal of the European Union

L 117/3

(d) ‘other requirements’: a requirement, other than a technical
imposed on a product for the purpose of
specification,
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;

(e) ‘rule on services’: requirement of a general nature relating
to the taking-up and pursuit of service activities within the
meaning of point (b), 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 therein.

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 (1).

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 (2) 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 provi-
sions is to regulate such services in an explicit and
targeted manner,

— 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;

(f) ‘technical

regulation’:

technical specifications and other
requirements or rules on services,
including the relevant
the observance of which is
administrative provisions,
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 of the European Com-
munity, hereinafter referred to as ‘Member States’, or a
major part thereof, or in the Czech Republic or a major
part thereof, as well as laws, regulations or administrative
provisions of the Member States or of the Czech Republic,
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 establish-
ment as a service provider.

the internal market

(1) 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 amended by Directive 97/51/EC (OJ L
295, 29.10.1997, p. 23).

telecommunications

for

(2) 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 (OJ L 35, 11.2.2003,
p. 1).

De facto technical regulations include:

— laws,

regulations or administrative provisions of a
Member State or the Czech Republic which refer either
to technical specifications or to other requirements or
to rules on services, or to professional codes or codes of
practice which in turn refer to technical specifications
or to other requirements or to rules on services, compli-
ance with which confers a presumption of conformity
with the obligations imposed by the aforementioned
laws, regulations or administrative provisions,

— 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
rules on services, excluding
public procurement tender specifications,

requirements or

— 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
rules on
services; technical specifications or other requirements
or rules on services linked to national social security
systems are not included.

requirements or

This comprises technical regulations imposed by the autho-
rities designated by the Member States and appearing on a
list (3) drawn up by the Commission of
the European
Communities, thereinafter called ‘the Commission’, in the
framework of the Committee referred to in Article 5 of
Directive 98/34/EC. The Czech Republic shall draw up
such a list and forward it to the Commission on the first
day of the first month following the entry into force of this
Agreement.

The same procedure shall be used for amending this list;

(g) ‘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 Czech Republic considers neces-
sary for the protection of persons, in particular workers, when
products are used, provided that such measures do not affect
the products.

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

L 117/4

EN

Official Journal of the European Union

22.4.2004

Article 3

1.
Subject to Article 12, the Community shall notify the
Czech Republic 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 Czech Republic have a statement of the
grounds which make the enactment of such a technical regu-
lation necessary, where these have not already been made clear
in the draft.

2.
Subject to Article 12, the Czech Republic shall likewise
notify the Community of its draft technical regulations. 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 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
Czech Republic shall also forward either a summary or the
references of all relevant data relating to the substance, prepara-
tion or product concerned and to known and available substi-
tutes, where such information may be available, and communi-
cate the anticipated effects of the measure on public health and
the protection of the consumer and the environment, together
the risk carried out as appropriate in
with an analysis of
accordance with the general principles for the risk evaluation
of chemical substances as referred to in Article 10(4) of Regu-
lation (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.

cantly altering its scope, shortening the timetable originally
envisaged for implementation, adding specifications or require-
ments, or making the latter more restrictive. Transmission 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

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

2.
The Member States and the Czech Republic shall take
such comments into account as far as possible in the subse-
quent preparation of the technical regulation.

the second subparagraph of point

3. With respect
to the technical specifications or other
requirements or rules on services referred to in the third indent
of
the
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.

(f) of Article 1,

The Commission shall, when a six-month standstill

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

Article 9

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

Article 6

Article 10

The Member States and the Czech Republic shall communicate
the draft technical regulation again under the above conditions
if they make changes to the draft that have the effect of signifi-

(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 the laws, regulations and administrative provisions relating
to the
and labelling of dangerous
substances (OJ 196, 16.8.1967, p. 1); Directive as last amended by
Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

classification, packaging

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

— 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

22.4.2004

EN

Official Journal of the European Union

L 117/5

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

Article 13

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

Article 11

Article 14

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 and communications are set out in Annex III to
this Agreement.

Article 12

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

— 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
the Czech Republic is concerned transpose into national
law Community acts which result in the adoption of tech-
nical specifications or rules on services,

— 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 Czech Republic is concerned the obliga-
tions arising out of international agreements which result in
the adoption of common technical specifications or rules
on services in the Czech Republic and the Community,

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

munity acts,

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

— 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 (f) 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.

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

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

2.
The Czech Republic shall appoint an expert to 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
Government services of the Czech Republic. The expert shall
not be entitled to vote.

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 Czech Republic being
present. In that case, the Czech Republic shall be informed.

Article 15

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 Czech Republic.

Article 16

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

Article 17

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

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

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

L 117/6

EN

Official Journal of the European Union

22.4.2004

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

Article 18

22.4.2004

EN

Official Journal of the European Union

L 117/7

ANNEX I

Indicative list of services not covered by the definition in point (b) 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) fax/telex services;

(c) services provided via voice telephony or fax;

(d) telephone/fax consultation of a doctor;

(e) telephone/fax consultation of a lawyer;

(f) telephone/fax 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.

L 117/8

EN

Official Journal of the European Union

22.4.2004

Indicative list of the financial services covered by the definition in point (e) 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/EEC (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 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. 878/64); Directive as amended by the 1973 Act of
Accession.

(5) Council Directive 92/49/EEC of 18 June 1992 on the coordination of 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.

22.4.2004

EN

Official Journal of the European Union

L 117/9

ANNEX III

Pursuant to Article 11(2) of the Agreement, the following communications by electronic means are considered neces-
sary:

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 prefer-
able:

11. basic legal texts or regulatory provisions;

12. the final text;

The details of the administrative arrangements concerning the communications shall be jointly agreed on by the
Contracting Parties.