CELEX: 51979PC0605
Language: en
Date: 1979-10-25
Title: PROPOSAL FOR A COUNCIL DECISION LAYING DOWN PROVISIONS ON THE INTRODUCTION AND IMPLEMENTATION OF TECHNICAL REGULATIONS AND STANDARDS (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 605
Vol. 1979/0206
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(79 ) 605 final
                                                Brussels . 25th October 1979
                             PROPOSAL FOR A COUNCIL DECISION
                       LAYING DOWN PROVISIONS  ON THE INTRODUCTION
               AND IMPLEMENTATION OF TECHNICAL REGULATIONS AND STANDARDS
                     ( presented by the Commission to the Council )
                                         /
                                        V
COM ( 79 ) 605 final
 ---pagebreak---                               Proposal for a Council Decision
                    laying down provisions on the introduction
            and implementation of technical regulations and standards
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
   Having regard to the Treaty establishing the European Economic Community
. and in particular Articles 5 and 113 thereof ,
   Having regard to the proposal from the Commission,
   Whereas by Decision No 7 9/» • • ® of              on the signature of the
   multilateral agreements resulting from the 1973-79 trade negotiations
   the Council approved , on behalf of the European Economic Community ,
   inter alia the Agreement on technical barriers to trade ;
  "Whereas , in view of the international . rights and obligations which the
   Community contracted in accepting that agreement ,
                       technical regulations and standards and the related
   verification methods axe to be applied to all products j irrespective
   of their origin according to the terms of the Agreement , by all the
   contracting parties so as to ensure reciprocity and mutual
   advantages ;
   Whereas a procedure should be established for examining whether' such
   reciprocity exists and for authorizing derogation
   from certain obligations resulting from directives that have already
   been adopted in respect of products originating from the Parties - in
                            \
   question ; whereas this examination could be conducted by a committee
   composed of representatives of the Member States under the chairmanship
   of a representative of the Commission , and whereas the authorization
   decisions could be taken by the Commission after consulting that
   committee ;
 ---pagebreak---     Whereas the existing procedures relative to information of the Member
    states and the Commission concerning hannonisation to be introduced
    by the Member States should be improved and adopted ;
    Whereas consideration should be given to whether and to what extent
    compliance with Community or national technical regulations or
    standards may be determined on the basis of test results , certificates
    or marks issued by competent authorities of      third      countries or of
    Member States and      third     countries ; whereas if , in cases where
    directives have not yet been adopted , a Member State proposes to
    recognize checks that have been carried out in a non-member country ,
    it should eo inform and consult the Commission and the other Member
    States ;
    Whereas these measures are appropriate to ensure that the obligations
    resulting from the abovementioned provisions are fulfilled ;      whereas they
    facilitate the achievement of the Community 's tasks ,
HAS ADOPTED THE FOLLOWING DECISION :
-TTrPlÆ t i  - ■- ^ i
 Article 1
 1.   The certification and verification procedures laid down in directives
 intended to remove technical barriers to intra-Community trade shall apply to
all products on the Community market irrespective of their origin , save as
 otherwise provided in Title IV .
 2.   The Member States shall take all appropriate action within their power to
ensure that certification and verification procedures that have not been
harmonized at Community level , in force in the Member States and laid down by
 official authorities or non-governmental bodies , shall apply to all products
 on the               markets in question irrespective of their origin , save as . •
 otherwise provided in Title IV .
 ---pagebreak---                                    *
                                    - 3 -
TITLE II – Standstill and obligation to inform the Commission
Article 2
1.   The procedure laid down in the following paragraphs shall apply
where a Member State proposes to take action on the, adoption or
amendment of laws , regulations or administrative provisions laying
down technical regulations with which products must comply .
2.   Member States shall transmit to the Commission any draft law ,
regulation or administrative provision laying down technical
regulations for products , which they propose to adopt .      If the
Commission has already submitted a proposal for a directive relating
                           /
to those products to the Council , the Member State concerned shall
send a copy of the notification to the Council . -
3.   l'n the case of products in respect of which the Commission has
already submitted a proposal for a. directive to the Council , the
Member State shall not adopt the proposed measure until five months
have elapsed from the date on which it, informed the Commission thereof
and on condition that the Council has not adopted the directive during
that period .            .
4.   In the case of products in respect of which the Commission has not
yet submitted , a proposal for a directive to the Council , the Member
State shfill not adopt the proposed meaaure until five months have .
elapsed from the date on which it informed the Commission thereof and
on condition that the Commission has neither submitted a proposal for
a directive to the Council, nor itself adopted a directive on the same
subject as the proposed measure during that period .
Nevertheless , if within a period of two months from the date on which
it receives the abovementioned information the Commission does not
notify the government in question of its intention to submit a
proposal for a directive or to adopt a directive , that government may
forthwith adopt the proposed measure .      If during the period of
five months the Commission submits a proposal for a directive relating
to the products concerned , the Member State shall defer adoption of
the proposed measure for a further period of five months from the date
on which the proposal is submitted .      If during the abovementioned
 ---pagebreak--- period of two months the Commission notifies -the Member State of its
intention to itself adopt a directive relating to the products concerned',
that period shall "be extended to twelve months from the date of
notification.                                               •         ;
TITLE III - Recognition of checks carried out in another Member State or •
      •    ,     in a third country                *   '                        .
Article V
1.       The following provisions shall apply where certain aspects of
particular products have not yet been harn;om 7,ed at Community level :
                                    •                -   -    , • t .     •         * ■
(a) If a Member State proposes . to accept that compliance with its national
        technical regulations           standards shall be determined on the basis
        of test results , certificates- or marks issued by the competent
        authorities of a » third         country,' it shall so inform t,he Commission
        and the other Member States , arid shall supply them , in particular ,- with
        all the factual delta justifying such' acceptance .-- ■' The other Member
        States and the- Commission shall 'be entitled to a period of two months
        within which, to submit any observation they consider appropriate to
        the Member State concerned .       During that period the Member State shall
        suspend negotiations with the country concerned . The Member States .
        may also submit a request to the Commission that the matter be .                /
        discussed by the . Comuiitie,e set up under, Artiole 10 .
(b ) As regards the reciprocal recognition of checks by' Member States , the
    , Commission shall consult the Member -State 3 on the possibility of          :
        enabling compliance with national technical Regulations and standards
        to be determined on the basis of test results , certificates or marks
        issued by. the competent, authorities of other Member States .
2.       The following provisions shall apply where directives have already
been* adopted or proposed ;         ! '
(a) The Commission shall examine the extent to which it is able to
        propose, amendments to directives that have already been adopted to
        enable cdmpliance with those directives to be determined on the             ;     ;
        basis of test results , certificates or , marks issued by the competent
        authorities of third, countries .
 ---pagebreak---                                    « <5 -
(b ) "When preparing new proposals for directives , the Commission shall
      consider the extent to which such proposals could enable compliance
      with those directives to be determined on the basis of the test
      results , certificates or marks referred to in subparagraph (a).
  TITLE IV - Action in the event of non-reciprocity
 Article 4
  1.  Member States shall notify the Commission and the other Member States
 whenever they oonsidex* that an advantage directly or indirectly resulting
 from the' Agreement is nullified or impaired ,                 or that the
 attainment of one of the objectives of the Agreement is impaired
 one or more of the other parties thereto , that its trading interests
 are significantly affected and that reciprocity between the concessions
 made by the Community under the Agreement and those actually applied by
 the other party or parties has consequently be®11 nullified or impaired .- .
 2.   If the Commission receives similar information through another
 channel it shall transmit a copy thei'eof to the Member States .
 Article 5,
 The Commission shall , within ten working days from the date on which
 the information is transmitted to the Member States , convene the
 Committee set up under Article 10 in order to    examine .. the matter .
Article 6
 1 . If Community directives relating to the matter irf question have already
been adopted , the Commission shall , after consulting the Committee in
accordance with Article '5 » decide whether action should be taken and
what form such action should take .
 It may thus , inter alia . authorize the Member States to derogate , for a
 specific period and in relation to a particular party to the Agreement ,
 from certain precisely-defined obligations resulting from the directive
 or directives in question .
 ---pagebreak---                                        - 6 -
  2 . , The Commission shall immediately notify the Council and the Member
  States of its decision , which shall "enter into force following a period of
  ten working days unless a Member State brings the matter before the Council
  during that period .    The Council may , at the request , of a Member State ,
  made within the said period of ten working days , acting by a qualified
  majority , confirm , amend or repeal , the Commission 's decision.      The
  Commission 's decision shall enter into force after a period of 60 days
  from the date on which the matter is referred to the Council if the latter
  does not act within that period .             '                                   . -
  3.    During the period of validity of the measures taken pursuant to •
  paragraphs 1 and 2 , the Commission shall regularly consult, the Committee set
  up under Article 10 concerning the implementation
  of those measures and of their effects .        If , on the basis of those
  consultations , the Commission considers that its decision should be amended
  or repealed , it shall take a decision 1 9 that effect in accordance with the
  procedure laid down in paragraphs 1 and 2 .
 Art a cle 7                         ,
- 1.    If Community directives relating to the matter in question have not yet
  been adopted , the Member Stat.e or States which transmitted the information
  referred to in Article 4 ( 1 ) niay take appropriate measures . Member States
  shall so inform the Commission and tho other Member States . ,
                                         I             '                  '
  2.    If a number of Member States take measures , they shall endeavour to
  coordinate them .   Consultations to that effect shall take place within the
  Committee set up under Article 10 .                                ,
  3.    During the period, of validity of the measures referred to in paragraph 1 ,
 the Commission shall regularly consult the Committee set up under Article 10
                                                                 1 ■   –
 concerning                                . the implementation of , those measures
 and of their effects .      The Commission may , on the basis of those consultations
 adopt a decision requiring the Member State or States concerned to amend or
 repeal the decision by which the appropriate measures were introduced . The
 Commission's decision shall be taken in accordance with the procedure laid
                           (
 down in Article 6(2 ).
 ---pagebreak---                                    - 7
Article 8
Measures taken under Articles 6 or -7 shall be adjusted in accordance with
the procedure laid down in Article 6(1 ) and ( 2 ) in order to render them
compatible with any decision taken by the Committee on Technical Barriers
to Trade set up under Article 13 of the Agreement .
                                            «
TITLE V - Final provisions
Art i cl e 9
                                                                •*»
The Commission may , on its own initiative or at the request of a Member State ,
refer any general or specific . problem relating to the implementation of this
Decision to the Committee set up under Article 10 «    It may take any action
it considers appropriate after having obtained the opinion of the Committee .
                                                                               f
Article 10
1.   A Committee on the implementation at Community level of the Agreement on
Technical Barriers to Trad'"4 ( referred to as "the Committee" in this
Decision), composed of representatives cf.the Member States under the
chairmanship of a representative of the Commission , is hereby set up .
2.   The Committee shall adopt its own rules of procedure .
3.   Matters shall be referred to , the Committee by the Chairman , either at-
his own instigation or at the request of the representative of a Member ,
State .        -
Article 11
Tnis Decision is addressed to the Member. States .            .     *