2006/654/EC: Decision No 1/2006 of the EC-Turkey Association Council of 15 May 2006 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: 2006-05-15
Institutions: EC–Turkey Association Council
Subjects: Türkiye, association agreement (EU), customs union, free movement of goods, technical barriers to trade, technical regulations

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Official Journal of the European Union

30.9.2006

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 1/2006 OF THE EC-TURKEY ASSOCIATION COUNCIL

of 15 May 2006

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

(2006/654/EC)

THE EC-TURKEY ASSOCIATION COUNCIL,

Having regard to the Agreement of 12 September 1963 estab-
an association between the European Economic
lishing
Community and Turkey (1) and in particular Article 22(3)
thereof,

(5)

Whereas:

(1)

(2)

(3)

(4)

Article 9 of Decision No 1/95 of the EC-Turkey Asso-
ciation Council of 22 December 1995 on implementing
the final phase of the Customs Union (2) regulates the
legal effects of the putting into force by Turkey 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 (the Parties) agree that
Article 9 of Decision No 1/95 requires the establishment
of
the
the administrative infrastructure necessary for
putting into force of
the Community instrument or
fully
instruments
effective functioning of that infrastructure to be guar-
anteed.

in question and the

continuous,

The Parties 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
to trade and the conditions and
technical barriers
arrangements
by
Turkey (3) and in Articles 8, 54, 55 and 56 of Decision
No 1/95 should be effectively implemented.

implementation

governing

their

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
countries
equivalent to this Decision,

between Turkey

those

and

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 ascer-
taining 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.

parties

or working

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

available

all

in

(1) OJ 217, 29.12.1964, p. 3687/64.
(2) OJ L 35, 13.2.1996, p. 1.

(3) OJ L 191, 21.7.1997, p. 1.

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Article 2

Notification of Turkish conformity assessment bodies

1.
Following the adoption of a statement as provided for in
Article 1(1), Turkey shall notify the Commission and the
Member States of 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
shall be
mutually recognised without repetition of these procedures or
any additional requirements.

and by Turkish bodies

Article 3

Obligation of Parties as regards their authorities and bodies

1.
The Parties shall ensure that authorities under their juris-
diction 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 the suspension of and
withdraw the notification of the conformity assessment bodies,
to ensure
industrial products with
Community or national
law and to require, when necessary,
their withdrawal from the market.

conformity of

the

The Parties shall ensure that bodies notified under their
2.
to assess conformity in
respective jurisdiction as competent
relation to requirements of Community or national
law,
continuously 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.
Either Party may request the other Party to verify the
technical competence and compliance with relevant
legal
the
provisions of a notified body under the jurisdiction of
other Party 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
technical
Party. The
competence and compliance of
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.

the body. To this end,

Parties may

also jointly

examine

If the problems cannot be resolved to the satisfaction of
2.
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 two 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 arbitration under the procedure for the settlement
of disputes provided for in Section III of Chapter V of Decision
No 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
body
concerned. The Party which decided on the suspension shall
re-examine its decision in the light of
the
experts. It may decide to continue the suspension, giving its
reasons.

the report of

conformity

assessment

examine

jointly

the

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Article 5

Exchange of information and cooperation

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

1. exchange all relevant

information concerning the putting
into force of the provisions of the Community instruments
necessary for the elimination of technical barriers to trade in
a particular product referred to in Article 1,
in
particular,
to ensure
information on the procedure
compliance by notified bodies;

including,

2. take part, as appropriate,

in the relevant mechanisms of
information, coordination and other related activities of the
Parties;

3. comply with the requirements of information and commu-
instruments relevant to each

nication foreseen in the legal
sector;

4. cooperate with a view to establishing mutual recognition

arrangements in the voluntary sphere.

Article 6

Management

(c)

the adoption of measures, where appropriate, to implement
this Decision,
including detailed rules for the assessment
procedure;

(d) the extension of this Decision to procedures and certificates
other 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 diffi-
culties 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.

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

Article 8

Entry into force

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

(a)

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

Done at Brussels, 15 May 2006.

(b) the exchange of

information on proposed and actual
amendments to Community and national
including
law,
in accordance with prin-
agreements with third countries,
ciples set out in Articles 54 and 55 of Decision No 1/95;

For the Association Council
President

A. GÜL