2006/82/EC: Decision No 1/2005 of the EU-Bulgaria Association Council of  9 March 2005  on the participation of Bulgaria in the Community system for the rapid exchange of information on dangers arising from the use of consumer products (RAPEX system) under Directive 2001/95/EC of the European Parliament and of the Council of  3 December 2001  on general product safety
Date: 2005-03-09
Institutions: EC–Bulgaria Association Council
Subjects: Bulgaria, administrative cooperation, consumer protection, exchange of information, product safety

11.2.2006

EN

Official Journal of the European Union

L 40/15

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 1/2005 OF THE EU-BULGARIA ASSOCIATION COUNCIL

of 9 March 2005

on the participation of Bulgaria in the Community system for the rapid exchange of information on
dangers arising from the use of consumer products (RAPEX system) under Directive 2001/95/EC of
the European Parliament and of the Council of 3 December 2001 on general product safety

(2006/82/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement between the European
Communities and their Member States, of the one part, and the
Republic of Bulgaria, of the other part, signed in Brussels on
8 March 1993, and in particular Article 93 thereof,

Having regard to Directive 2001/95/EC (1) of
the European
Parliament and of the Council, and in particular Article 12
thereof,

Having regard to the letter, dated 28 November 2003,
addressed by the Mission of the Republic of Bulgaria to the
European Communities to the Director-General for Health and
Consumer Protection requesting the Commission to initiate the
procedures to enable Bulgaria's access to the RAPEX system,

Whereas:

(1)

(2)

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

framework of

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

according

those

and

(3)

(4)

(5)

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

The Commission has
the
management of RAPEX, as required by point 8 of
Annex II to Directive 2001/95/EC, on 29 April 2004 (2).

adopted guidelines

for

in TRAPEX (Transitional

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

system for

HAS DECIDED AS FOLLOWS:

Article 1

Bulgaria 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.

Article 2

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

Article 3

In cooperation with the Commission services, Bulgaria shall
make the necessary practical arrangements to ensure that it is
in a position to comply fully with the requirements set out in
Directive 2001/95/EC and the procedures included in the
RAPEX guidelines.

(2) OJ L 151, 30.4.2004, p. 86, corrected by OJ L 208, 10.6.2004,

(1) OJ L 11, 15.1.2002, p. 4.

p. 73.

L 40/16

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Official Journal of the European Union

11.2.2006

The Commission shall
Bulgarian officials for use of the RAPEX application.

in particular provide initial training of

Article 4

Any problems that may arise from the application of
this
Decision shall be solved through direct contacts between the
Commission services and the Bulgarian 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 subparagraph, the Association Council
may make appropriate recommendations for the settlement of
those problems.

These procedures
prejudice
protection laws in force in the territory of the Parties.

in the Association Council are without
consumer

to any action under

respective

the

Article 5

This Decision shall enter into force on the day on which it is
adopted.

Done at Brussels, 9 March 2005.

For the Association Council
The President

J. ASSELBORN