Proposal for a Council Decision on a Community position in the EC - Turkey Association Council on the implementation of Article 9 of Decision No 1/95 of the EC-Turkey Association Council on implementing the final phase of the Customs Union
Date: 2005-10-14
Institutions: European Commission
Subjects: Association Council (EU), Türkiye, committee (EU), customs union, free movement of goods, technical barriers to trade, technical regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.10.2005 
COM(2005) 492 final 

Proposal for a 

COUNCIL DECISION 

on a Community position in the EC - Turkey Association Council on the implementation 
of Article 9 of Decision No 1/95 of the EC-Turkey Association Council on implementing 
the final phase of the Customs Union 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  EC  and  Turkey  implemented  the  final  phase  of  the  EC-Turkey  Customs  Union  with 
Decision  1/95  of  the  Association  Council.  One  of  its  main  objectives  is  free  circulation  of 
products  between  the  EC  and  Turkey.  This  decision  was  complemented  by  Decision  2/97 
establishing the list of Community instruments relating to the removal of technical barriers to 
trade and the conditions and arrangements governing their implementation by Turkey. 

Article 9 of Decision 1/95 prescribes that “When Turkey has put into force the provisions of 
the Community instrument or instruments necessary for the elimination of technical barriers 
to trade in a particular product, trade in that product between the Parties  shall take place in 
accordance  with  the  conditions  laid  down  by  those  instruments,  without  prejudice  to  the 
application of the provisions of this Decision”. However, it does not explain when and how it 
can be considered that Turkey has put into force such provisions. 

Certain  products  must  comply  with  essential  requirements  specified  in  the  relevant  sectoral 
legislation. In a certain cases such compliance must be confirmed by Conformity Assessment 
Bodies, which are designated by the competent authorities of the Member States and which 
must be notified to the European Commission. 

Decisions 1/95 and 2/97 of the Association Council do not foresee the procedures according 
to which Turkey can notify Conformity Assessment Bodies to the European Commission and 
the Member States. 

The present Decision aims at establishing such procedures. In particular the methodology to 
ascertain that the Turkish legislation has taken over the corresponding community legislation, 
that  the  administrative  infrastructure  is  in  place  and  that  the  Turkish  designated  conformity 
assessment bodies meet the requirements set out in the relevant Directives. 

These  procedures  provide  for  the  necessary  security  and  confidence  to  improve  free 
circulation of products within the Customs Union and to allow the development of conformity 
assessment capacities in Turkey. 

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Proposal for a 

COUNCIL DECISION 

on a Community position in the EC - Turkey Association Council on the implementation 
of Article 9 of Decision No 1/95 of the EC-Turkey Association Council on implementing 
the final phase of the Customs Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  the 
second subparagraph of Article 300 ( 2) EC thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

Article 9 of Decision No 1/95 of the EC-Turkey Association Council of 22 December 
1995  on  implementing  the  final  phase  of  the  Customs  Union2  provides  that  once 
Turkey  has  incorporated  into  its  internal  legal  order  the  Community  instruments 
relating to the removal of technical barriers to trade in a product, this trade is to take 
place in accordance with the conditions laid down by those instruments. 

In order to render that provision full operational , a procedure needs to be laid down 
whereby Turkish conformity assessment bodies can be notified to the Commission and 
the Member States and recognised by them. 

Article  22  (3)  of  the  Ankara  Agreement  of  12  September  1963  establishing  an 
association between the European Economic Community and Turkey3 states that once 
the  transitional  stage  has  been  embarked  on,  the  Council  of  Association  is  to  adopt 
appropriate  decisions  where,  in  the  course  of  implementation  of  the  Association 
arrangements, attainment of an objective of that Agreement calls for joint action by the 
Contracting Parties but the requisite powers are not granted in the Agreement, 

HAS DECIDED AS FOLLOWS: 

1 
2 
3 

OJ C , , p. . 
OJ L 35, 13.2.1996, p. 1. 
OJ 217, 29.12.1964, p. 3687 

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Sole Article 

The position to be adopted by the Community in the Association Council established by the 
Ankara Agreement of 12 September 1963 establishing an association between the European 
Economic  Community  and  Turkey  on  the  implementation  of  Article  9  of  the  EC-Turkey 
Association Council Decision No 1/95, shall be based on the draft Decision of the Association 
Council annexed to this Decision. 

Done at Brussels, […] 

For the Council 
The President

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ANNEX 

Draft 

DECISION OF THE EU-TURKEY ASSOCIATION COUNCIL No .../2005 
of [...] 

on the implementation of Article 9 of Decision No 1/95 of the EC-Turkey Association 
Council on implementing the final phase of the Customs Union 

THE EC - TURKEY ASSOCIATION COUNCIL,  

Having  regard  to  the  Agreement  of  12  September  1963  establishing  an  association  between 
the European Economic Community and Turkey1 and in particular Article 22 (3) thereof 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Article 9 of Decision No 1/95 of the EC-Turkey Association Council of 22 December 
1995  on  implementing  the  final  phase  of  the  Customs  Union2  regulates  the  legal 
effects of Turkey’s implementation of the provisions of the Community instrument or 
instruments necessary for the elimination of technical barriers to trade in a particular 
product,  but  does  not  establish  the  necessary  procedures  and  modalities  for  the 
application of that article. 

Turkey  and  the  Community  agree  that  []  Article  9  of  Decision  No  1/95  requires  the 
establishment of the necessary administrative infrastructure for the implementation of 
the  Community  instrument  or  instruments  in  question  and  the  continuous,  fully 
effective functioning of that infrastructure to be guaranteed. 

Turkey  and  the  Community  have  agreed  on  the  procedural  rules  for  implementing 
Article 9 of Decision No 1/95. 

For the proper functioning of the Customs Union, the principles set out in Decision No 
2/97  of  the  EC-Turkey  Association  Council  of  4  June  1997,  establishing  the  list  of 
Community instruments relating to the removal of technical barriers to trade and the 
arrangements governing their implementation by Turkey  3 and in Articles 54, 55 and 
56 of Decision No 1/95 should be effectively implemented. 

The  close  relations  between  the  Community  and  the  Contracting  Parties  to  the 
Agreement  on  the  European  Economic  Area  make  it  appropriate  to  consider  the 
conclusion of parallel European Conformity Assessment Agreements between Turkey 
and those countries equivalent to this Decision, 

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HAS DECIDED AS FOLLOWS:  

Article 1 

Assessment of technical legislation 

1. The Customs Union Joint Committee established by Article 52 of Decision No 1/95 shall 
be competent for ascertaining that Turkey has effectively put into force the provisions of the 
Community  instrument  or  instruments  necessary  for  the  elimination  of  technical  barriers  to 
trade in a particular product. To this end, the Customs Union Joint Committee shall adopt a 
statement. 

2.  Without  prejudice  to  the  possibility  of  setting  up,  subcommittees  or  working  parties,  in 
accordance with Article 53 (4) of Decision No 1/95, the Customs Union Joint Committee may 
make  use  of  all  available  information,  concerning  specific  elements  of  the  implementing 
infrastructure in Turkey, including assessments carried out by external contractors. 

Article 2 

Notification of Turkish conformity assessment bodies 

1. Following the adoption of a statement as provided for in Article 1(1), Turkey may notify to 
the  Commission  and  to  the  Member  States  the  names  and  full  details  of  any  conformity 
assessment  bodies  that  it  has  designated,  specifying  the  subject  matter  and  the  conformity 
assessment procedure for which they have been designated. 

2.  The  rules  concerning  the  designation  of  conformity  assessment  bodies  applicable  to  the 
Member States shall apply to Turkey. The Commission shall provide Turkey with detailed 
information  on  those  rules  and  on  the  procedure  for  notifying  those  bodies  to  the 
Commission. 

3. When the notification process has been completed, the results of the conformity assessment 
procedures  carried  out  by  Community  bodies  and  by  Turkish  bodies  shall  be  mutually 
recognized.  It  shall  not  be  necessary  for  procedures  to  be  repeated  or  for  additional 
requirements to be fulfilled in order for those results to be accepted. 

Article 3 

Obligation of Parties as regards their authorities and bodies 

1. The Parties shall ensure that authorities under their jurisdiction which are responsible for 
the  effective  implementation  of  Community  and  national  law  shall  continuously  apply  it. 
They shall ensure that those authorities are empowered, where appropriate, to notify, suspend, 
remove  suspension  and  withdraw  the  notification  of  the  conformity  assessment  bodies,  to 
ensure the conformity of industrial products with Community or national law and to require, 
when necessary, their withdrawal from the market. 

2. The Parties shall ensure that bodies notified under their respective jurisdiction as competent 
to assess conformity in relation to requirements of Community or national law, continuously 

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comply  with  the  requirements  of  Community  or  national  law.  They  shall  take  all  necessary 
steps  to  ensure  that  those  bodies  maintain  the  necessary  competence  to  carry  out  the  tasks 
assigned to them. 

3.  If  a  Party  decides  to  withdraw  the  notification  of  a  body  under  its  jurisdiction,  it  shall 
inform the other Party in writing. The body shall cease to assess conformity at the latest from 
the  date  on  which  its  notification  is  withdrawn.  Conformity  assessments  carried  out  before 
that date shall remain valid, unless otherwise decided by the Customs Union Joint Committee. 

Article 4 

Verification of notified bodies 

1. Each Party may request the other Party to verify the technical competence and compliance 
with relevant legal provisions of a notified body under its jurisdiction or under the jurisdiction 
of a Member State of the Community. Reasons shall be given for such a request in order to 
allow  the  Party  responsible  for  the  notification  to  carry  out  the  requested  verification  and 
report speedily to the other Party. The Parties may also jointly examine technical competence 
and  compliance  of  the  body.  To  this  end,  the  Parties  shall  ensure  the  full  cooperation  of 
bodies  under  their  jurisdiction.  The  Parties  shall  take  all  appropriate  steps,  and  use  all 
available means necessary, in order to resolve any problems which are detected. 

2. If the problems cannot be resolved to the satisfaction of both Parties, they may notify the 
Customs  Union  Joint  Committee  of  their  dissent,  giving  their  reasons.  The  Customs  Union 
Joint Committee shall decide on appropriate action within a period of 2 months. 

3.  Unless  decided  otherwise  by  the  Customs  Union  Joint  Committee  within  the  period  laid 
down  in  paragraph  2,  the  notification  of  the  body  and  the  recognition  of  its  competence  to 
assess  conformity  in  relation  to  the  requirements  of  Community  or  national  law  shall  be 
suspended in part or in full at the end of that period.  

4. Without prejudice to paragraph 3, either Party may refer the matter to the procedure for the 
settlement of disputes provided for in Section III of Decision 1/95. 

5. After the expiry of the period laid down in paragraph 2, if new elements emerge, a Party 
may request the Customs Union Joint Committee to decide that the suspension provided for in 
paragraph  3  be  reviewed.  In  that  case,  experts  from  both  Parties  shall  jointly  examine the 
conformity assessment body concerned. The Party which decided on the suspension shall re-
examine  its  decision  in  the  light  of  the  report  of  the  experts.  It  may  decide  to  continue  the 
suspension, giving its reasons. 

Article 5 

Exchange of information and cooperation 

In  order  to  ensure  a  correct  and  uniform  application  and  interpretation  of  this  Decision,  the 
Parties shall ensure that their authorities and their notified bodies: 

1. 

exchange all relevant information concerning the implementation of the provisions of 
the  Community  instruments  necessary  for  the  elimination  of  technical  barriers  to 

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trade  in  a  particular  product  referred  to  in  Article  1,  including,  in  particular, 
information on the procedure to ensure compliance by notified bodies; 

take  part,  as  appropriate,  in  the  relevant  mechanisms  of  information,  coordination 
and other related activities of the Parties; 

comply  with  the  requirements  of  information  and  communication  foreseen  in  the 
legal instruments relevant for each sector; 

cooperate  with  a  view  to  establishing  mutual  recognition  arrangements  in  the 
voluntary sphere. 

2. 

3. 

4. 

Article 6 

Management  

The  Customs  Union  Joint  Committee  shall  be  responsible  for  ensuring  the  effective 
functioning of this Decision. In particular, it may take decisions regarding: 

(a) 

(b) 

(c) 

(d) 

the  appointment  of  a  team  of  experts  to  verify  the  technical  competence  of  a 
notified body and its compliance with the requirements; 

the  exchange  of  information  on  proposed  and  actual  amendments  to 
Community  and  national  law,  including  agreements  with  third  countries,  in 
accordance with principles set out in Articles 54 and 55 of Decision 1/95; 

the adoption  of  measures,  where 
decision, including detailed rules for the assessment procedure 

appropriate, 

to 

implement 

this 

the  extension  of  this  Decision  to  other procedures  and  certificates  than  those 
referred to in Article 2 and the adoption, to that end, of the necessary rules with 
a  view  to  improving  the application  of  Article  9  of  Decision  No  1/95  if 
difficulties emerge; 

(e) 

any other question relating to the application of this Decision. 

Article 7 

Agreements with other countries 

1. Agreements on conformity assessment concluded by either Party with a country which is 
not a Party to this Decision shall not result in an obligation upon the other Party to accept the 
results of conformity assessment procedures carried out in that third country, unless there is 
an explicit agreement between the Parties in the Association Council. 

2. The Party holding conformity assessment agreements with third parties shall cooperate with 
the other Party in the event that the latter considers concluding parallel agreements with the 
same third parties and shall provide necessary technical and administrative assistance where 
appropriate. 

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Article 8 

Entry into force 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

For the Association Council 

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