Proposal for a Council Decision concerning the Community position within the Association Council established by the Europe Agreement between the European Communities and their Member States, on the one part, and Romania, on the other part, on the participation of Romania in the RAPEX system under Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety
Date: 2004-10-13
Institutions: European Commission
Subjects: European standard, Romania, association agreement (EU), consumer protection, exchange of information, marketing, product safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.10.2004 
COM(2004) 660 final 

Proposal for a 

COUNCIL DECISION 

concerning the Community position within the Association Council established by 
the Europe Agreement between the European Communities and their Member States, 
on the one part, and Romania, on the other part, on the participation of Romania 
in the RAPEX system under Directive 2001/95/EC of the European Parliament and 
of the Council of 3 December 2001 on general product safety 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Europe  Agreement1  (EA)  establishing  an  Association  between 
the  European 
Communities  and  their  Member  States,  on  the  one  part,  and  Romania,  on  the  other  part, 
signed in Brussels on the 1st of February 1993, states in its Article 93 that the Parties shall 
co-operate with the aim of achieving full compatibility of the systems of consumer protection 
in  Romania  and  the  Community.  To  this  end,  co-operation  shall  comprise,  amongst  other 
things and within existing possibilities, the exchange of information and access to Community 
databases. 

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on 
general  product  safety  establishes,  in  its  Article  12,  that  access  to  RAPEX  shall  be  open  to 
applicant countries, within the framework of agreements between the Community and those 
countries, according to arrangements defined in these agreements. Any such agreements must 
be  based  on  reciprocity  and  include  provisions  on  confidentiality  corresponding  to  those 
applicable in the Community. 

By  letter  dated  2  December  2003,  addressed  by  the  Mission  of  Romania  to  the  European 
Communities  to  the  Director  General  for  Health  and  Consumer  Protection,  Romania 
requested  the  Commission  to  initiate  the  procedures  to  enable  Romania's  access  to 
the EU RAPEX system. 

Romania  has  actively  participated,  since  its  start  in  May  1999,  in  TRAPEX  (transitional 
system for rapid exchange  of  information), system that mirrors  the activities  of RAPEX for 
the applicant countries. 

The attached Proposal has no financial implications. 

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

1 

OJ L 357, 31.12.1994, p. 1. 

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Proposal for a 

COUNCIL DECISION 

concerning the Community position within the Association Council established by 
the Europe Agreement between the European Communities and their Member States, 
on the one part, and Romania, on the other part, on the participation of Romania 
in the RAPEX system under Directive 2001/95/EC of the European Parliament and 
of the Council of 3 December 2001 on general product safety 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  the  Europe  Agreement  establishing  an  association  between  the  European 
Communities  and  their  Member  States,  of  the  one  part,  and  Romania,  of  the  other  part  [2], 
signed in Brussels on the 1st of February 1993, and in particular Article 93 thereof, 

Having regard to the Directive 2001/95/EC of the European Parliament and of the Council of 
3 December 2001 on general product safety and in particular Article 12 thereof, 

Having regard to the proposal from the Commission,3 

Whereas: 

(1) 

(2) 

(3) 

The Europe Agreement between the European Communities and their Member States, 
on the one part, and Romania, on the other part, establishes in its Article 93 that the 
Parties shall co-operate with the aim of achieving full compatibility of the systems of 
consumer protection in Romania and the Community; 

Article 12(4) of Directive 2001/95/EC establishes that access to RAPEX shall be open 
to  applicant  countries,  within  the  framework  of  agreements  between  the  Community 
and those countries, according to arrangements defined in these agreements. Any such 
agreements  must  be  based  on  reciprocity  and  include  provisions  on  confidentiality 
corresponding to those applicable in the Community; 

Romania  has  actively  participated,  since  its  start  in  May  1999,  in  TRAPEX 
(transitional  system  for  rapid  exchange  of  information),  system  that  mirrors  the 
activities of RAPEX for the applicant countries, 

2 
3 

OJ L 357, 31.12.1994, p. 1. 
OJ C […] […], p. […] 

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HAS DECIDED AS FOLLOWS:  

Sole Article 

The position to be taken by the Community within the Association Council established by the 
Europe Agreement between the European Communities and their Member States, on the one 
part, and Romania, on the other part, on the participation of Romania in the RAPEX system 
the  attached  draft  decision  of 
under  Directive  2001/95/EC 
the Association Council. 

is  contained 

in 

Done at Brussels, […] 

For the Council 
The President   

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ANNEX 

Proposal for a 

DECISION No ..../2004 OF THE ASSOCIATION COUNCIL between 
the European Communities and their Member States, of the one part, and Romania, 
of the other part of --/--/-- 

on  the  participation  of  Romania  in  the  RAPEX  system  under  Directive  2001/95/EC  of  the 
European Parliament and of the Council of 3 December 2001 on general product safety4 

THE ASSOCIATION COUNCIL, 

Having  regard  to  the  Europe  Agreement  establishing  an  association  between  the  European 
Communities  and  their  Member  States,  of  the  one  part,  and  Romania,  of  the  other  part  [5], 
signed in Brussels on the 1st of February 1993, and in particular Article 93 thereof, 

Having regard to the Directive 2001/95/EC of the European Parliament and of the Council of 
3 December 2001 on general product safety and in particular Article 12 thereof, 

Having regard to the letter, dated 2 December 2003, addressed by the Mission of Romania to 
the  European  Communities  to  the  Director  General  for  Health  and  Consumer  Protection 
requesting  the  Commission  to  initiate  the  procedures  to  enable  Romania's  access  to  the  EU 
RAPEX system, 

Whereas: 

(1) 

(2) 

Article 93 of the Europe Agreement establishes that the Parties shall co-operate with 
the  aim  of  achieving  full  compatibility  of  the  systems  of  consumer  protection  in 
Romania  and  the  Community.  To  this  end,  co-operation  shall  comprise,  amongst 
other things and within existing possibilities, the exchange of information and access 
to Community databases; 

Article  12(4)  of  Directive  2001/95/EC  establishes  that  access  to  RAPEX  shall  be 
open  to  applicant  countries,  within  the  framework  of  agreements  between  the 
Community  and  those  countries,  according  to  arrangements  defined  in  these 
agreements.  Any  such  agreements  must  be  based  on  reciprocity  and  include 
provisions on confidentiality corresponding to those applicable in the Community; 

(3) 

Annex  II  of  Directive  2001/95/EC  establishes  the  procedures  for  the  application  of 
RAPEX and Guidelines for notification; 

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5 

OJ L 11, 15.1.2002, p. 4. 
OJ L 357, 31.12.1994, p, 1. 

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(4) 

(5) 

The Commission has adopted guidelines for the management of RAPEX, as required 
by point 8 of ANNEX II of the Directive on the 29th of April 20046; 

Romania  has  actively  participated,  from  its  start  in  May  1999,  in  TRAPEX 
(transitional  system  for  rapid  exchange  of  information),  system  that  mirrors  the 
activities of RAPEX for the applicant countries, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Romania shall participate in the RAPEX system with the same rights and obligations as the 
current members, in accordance with the relevant provisions of Directive 2001/95/EC and the 
RAPEX guidelines. 

Romania  shall  apply  the  same  confidentiality  principles  as  those  applied  by  the  other 
members of RAPEX. 

Article 2 

Article 3 

In  co-operation  with  the  Commission  services,  Romania  shall  make  the  necessary  practical 
arrangements to ensure that it is in a position to comply fully with the requirements set out in 
the directive and the procedures included in the RAPEX guidelines. 

The Commission will in particular provide initial training of Romanian officials for use of the 
RAPEX application. 

Article 4 

Any problems that may arise from the application of this decision should be solved through 
direct contacts between the Commission services and the Romanian authorities in the context 
of  RAPEX.  Whenever  this  does  not  lead  to  a  mutually  acceptable  solution,  an  exchange  of 
views  shall  take  place  in  the  Association  Council  at  the  request  of  one  Party  within  three 
months following the request. 

Following  this  exchange  of  views,  or  after  expiry  of  the  period  referred  to  in  the  above 
paragraph, the Association Council may take appropriate recommendations for the settlement 
of those problems. 

These  procedures  in  the  Association  Council  are  without  prejudice  to  any  action  under  the 
respective consumer protection laws in force in the territory of the Parties. 

6 

OJ L151, 30.4.2004, p. 83, as corrected in OJ L 208, 73, 10.6.2004, p. 73. 

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Article 5 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  is  applicable 
from 01.12.2004.  

Done at […], […] 

For the Association Council 

The President 

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