2006/873/EC: Council Decision of 20 November 2006 on the conclusion of a Protocol 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, on Conformity Assessment and Acceptance of Industrial Products (PECA)
Date: 2006-11-20
Institutions: Council of the European Union
Subjects: Community certification, Romania, association agreement (EU), industrial product, mutual recognition principle, protocol to an agreement, ratification of an agreement

5.12.2006

EN

Official Journal of the European Union

L 337/43

COUNCIL DECISION

of 20 November 2006

on the conclusion of a Protocol 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,
on Conformity Assessment and Acceptance of Industrial Products (PECA)

(2006/873/EC)

THE COUNCIL OF THE EUROPEAN UNION,

and in particular Article 133 thereof,

establishing the European
Having regard to the Treaty
Community,
in
conjunction with the first sentence of the first subparagraph
of Article 300(2), the first sentence of the first subparagraph
of Article 300(3) and Article 300(4) thereof,

Having regard to the proposal from the Commission,

Whereas:

The Europe Agreement
establishing an Association
between the European Communities and their Member
States, of the one part, and Romania of the other part (1),
entered into force on 1 February 1995.

Article 75 of the Europe Agreement provides that coop-
eration in the fields of standardisation and conformity
assessment procedures
the
shall
conclusion of agreements on mutual recognition.

to achieve

seek

Article 2 of Decision 94/907/EC, ECSC, Euratom of the
Council and the Commission of 19 December 1994 on
the conclusion of the Europe Agreement between the
European Communities and their Member States, of the
one part, and Romania, of the other part (2), provides for
the Community decision-making procedures and for the
presentation of the Community position in the Asso-
ciation Council and in the Association Committee.

The Protocol to the Europe Agreement establishing an
Association between the European Communities and
their Member States, of the one part, and Romania, of
and
the

on Conformity Assessment

other

part,

(1) OJ L 357, 31.12.1994, p. 2.
(2) OJ L 357, 31.12.1994, p. 1.

(1)

(2)

(3)

(4)

(5)

Acceptance of
(PECA), has been
signed in Bucharest on 27 October 2006, on behalf of
the Community, and should be approved.

Industrial Products

(6)

(7)

The appropriate internal procedures should be established
to ensure the proper functioning of the Protocol.

It is necessary to empower the Commission, after consul-
tation with a special committee appointed by the
Council,
to propose certain technical amendments to
the Protocol and to take certain decisions for its imple-
mentation,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the Europe Agreement establishing an Asso-
ciation between the European Communities and their Member
States, of the one part, and Romania, of the other part, on
Conformity Assessment and Acceptance of Industrial Products
the Protocol), and the
(PECA)
referred to as
Declaration thereto, are hereby approved on behalf of
the
European Community.

(hereinafter

The text of
attached to this Decision (3).

the Protocol and of

the Declaration thereto is

The President of the Council shall, on behalf of the Community,
transmit the diplomatic note provided for in Article 17 of the
Protocol (4) as regards the entry into force of the Protocol.

Article 3

The Commission,

1.
committee appointed by the Council, shall:

after

consultation with a

special

(a) carry into effect

acknowledgements,
the notifications,
suspensions and withdrawals of bodies, and appointments
of a joint team or teams of experts,
in accordance with
Articles 10, 11 and 14(c) of the Protocol;

(3) See p. 33 of this Official Journal.
(4) The date of entry into force of the Protocol will be published in the
Official Journal of the European Union by the General Secretariat of the
Council.

Article 110 of the Europe Agreement provides that the
Association Council may delegate to the Association
Committee any of its powers.

Article 2

L 337/44

EN

Official Journal of the European Union

5.12.2006

(b) bring about the consultations, exchange of information, the
requests for verifications and for participation in verifi-
cations,
in accordance with Articles 3, 11, 12 and 14(d)
and (e), and Sections III and IV of the Annexes to the
Protocol;

(c)

if necessary, reply to requests in accordance with Article 11,
Sections III and IV of the Annexes to the Protocol.

2.
Following consultation of the special committee referred
to in paragraph 1, the Commission shall determine the position
to be taken by the Community in the Association Council and,
where applicable, in the Association Committee, with regard to:

(a) amendments to the Annexes in accordance with Article

14(a) of the Protocol;

(b) addition of new Annexes in accordance with Article 14(b)

of the Protocol;

(c) any decisions regarding disagreements on the results of the
verifications and the suspensions, in part or totally, of any

notified body in accordance with the second and third
subparagraphs of Article 11 of the Protocol;

(d) any measures taken in the application of

the safeguard

clauses in Section IV of the Annexes of the Protocol;

(e) any measures concerning the verification, suspension, or
as having mutual
industrial products

withdrawal of
acceptance under Article 4 of the Protocol.

3.
In all other cases the position to be taken by the
Community in the Association Council and, where applicable,
in the Association Committee, with regard to this Protocol shall
be determined by the Council, acting by qualified majority on a
proposal from the Commission.

Done at Brussels, 20 November 2006.

For the Council
The President

J. KORKEAOJA