CELEX: 
Language: en
Date: 2006-12-30 00:00:00
Title: Council Decision of 21 December 2006 on the conclusion of bilateral Agreements between the European Community and the Republic of Bulgaria and Romania, respectively, laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services

30.12.2006       EN                     Official Journal of the European Union                      L 410/179
                                            COUNCIL DECISION
                                              of 21 December 2006
                                 on the conclusion of bilateral Agreements
                                    between the European Community
                        and the Republic of Bulgaria and Romania, respectively,
                        laying down a procedure for the provision of information
                                     in the field of technical regulations
                               and of rules on information society services
                                                  (2006/1004/CE)
    THE COUNCIL OF THE EUROPEAN UNION,
    Having regard to the Treaty establishing the European Community, and in particular
    Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2),
    Having regard to the proposal from the Commission,
    Whereas the bilateral Agreements between the European Community and the Republic of Bulgaria
    and Romania, respectively, laying down a procedure for the provision of information in the field of
    technical regulations and of rules on information society services e have been negotiated and should
    be approved,
    HAS DECIDED AS FOLLOWS:
 ---pagebreak--- L 410/180        EN                     Official Journal of the European Union                      30.12.2006
                                                      Article 1
   The bilateral Agreements between the European Community and the Republic of Bulgaria and
   Romania, respectively, laying down a procedure for the provision of information in the field of
   technical regulations and of rules on information society services are hereby approved on behalf of
   the Community.
   The text of the Agreements and the Annexes is attached to this Decision.
                                                      Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the
   Agreements in order to bind the Community and to transmit, on behalf of the Community, the note
   provided for in Article 16 of the Agreements 1.
   Done at Brussels, 21 December 2006
                                                                               For the Council
                                                                                The President
                                                                               J. KORKEAOJA
                                           _____________________
   1
          The date of entry into force of the Agreements will be published in the Official Journal of the
          European Union by the Secretariat of the Council.
 ---pagebreak--- 30.12.2006    EN              Official Journal of the European Union L 410/181
                                         AGREEMENT
                        BETWEEN THE EUROPEAN COMMUNITY
                          AND THE REPUBLIC OF BULGARIA
           LAYING DOWN A PROCEDURE FOR THE PROVISION OF INFORMATION
                   IN THE FIELD OF TECHNICAL REGULATIONS AND
                    OF RULES ON INFORMATION SOCIETY SERVICES
 ---pagebreak--- L 410/182        EN                      Official Journal of the European Union                    30.12.2006
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as "the Community",
                                                          on the one hand, and
   THE REPUBLIC OF BULGARIA,
   hereinafter referred to as "Bulgaria",
                                                          on the other hand,
   hereinafter referred to as "the Contracting Parties",
   HAVING REGARD to the Europe Agreement establishing an Association between the
   European Communities and their Member States, of the one part, and the Republic of Bulgaria, of
   the other part 1, and in particular to the objectives set out in Article 1 thereof,
   HAVING REGARD to the information procedure on technical regulations and rules on information
   society services applied within the European Community 2,
   1
          OJ L 358, 31.12.1994, p. 3.
   2
          Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998
          laying down a procedure for the provision of information in the field of technical standards
          and regulations and rules on Information Society services (OJ L 204, 21.7.1998, p. 37).
          Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                       L 410/183
    CONSIDERING the commitment of the Contracting Parties to promote harmonious economic
    relations between themselves,
    CONSIDERING the ongoing cooperation between the Contracting Parties in the field of technical
    barriers to trade and the common understanding reached within the framework of that cooperation
    to extend this information procedure on technical regulations and rules on information society
    services applied in the Community to Bulgaria,
    HAVE AGREED AS FOLLOWS:
                                                      ARTICLE 1
    For the purpose of this Agreement, the following definitions apply:
    1)     "product": any industrially manufactured product and any agricultural product, including fish
           products;
    2)     "service": any Information Society service, by which is meant any service normally provided
           for remuneration, at a distance, by electronic means and at the individual request of a recipient
           of services.
           For the purposes of this definition:
           –     "at a distance": means that the service is provided without the parties being
                 simultaneously present,
           –     "by electronic means": means that the service is sent initially and received at its
                 destination by means of electronic equipment for the processing (including digital
                 compression) and storage of data, and entirely transmitted, conveyed and received by
                 wire, by radio, by optical means or by other electromagnetic means,
 ---pagebreak--- L 410/184         EN                     Official Journal of the European Union                       30.12.2006
          –     "at the individual request of a recipient of services": means that the service is provided
                through the transmission of data on individual request.
          An indicative list of services not covered by this definition is set out in Annex I.
          This Agreement shall not apply to:
          –     radio broadcasting services,
          –     television broadcasting services covered by point (a) of Article 1 of
                Directive 89/552/EEC 1;
   3)     "technical specification": a specification contained in a document which lays down the
          characteristics required of a product such as levels of quality, performance, safety or
          dimensions, including the requirements applicable to the product as regards the name under
          which the product is sold, terminology, symbols, testing and test methods, packaging,
          marking or labelling and conformity assessment procedures.
   1
          Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions
          laid down by Law, Regulation or Administrative Action in Member States concerning the
          pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive as last
          amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202,
          30.7.1997, p. 1).
 ---pagebreak--- 30.12.2006        EN                       Official Journal of the European Union                    L 410/185
          This definition also covers production methods and processes used in respect of agricultural
          products as referred to Article 38(1) of the Treaty establishing the European Community,
          products intended for human and animal consumption, and medicinal products as defined in
          Article 1 of Directive 2001/83/EC 1, as well as production methods and processes relating to
          other products, where these have an effect on their characteristics;
    4)    "other requirements": a requirement, other than a technical specification, imposed on a
          product for the purpose of protecting, in particular, consumers or the environment, and which
          affects its life cycle after it has been placed on the market, such as conditions of use,
          recycling, reuse or disposal, where such conditions can significantly influence the
          composition or nature of the product or its marketing;
    5)    "rule on services": requirement of a general nature relating to the taking-up and pursuit of
          service activities within the meaning of point 2, in particular provisions concerning the
          service provider, the services and the recipient of services, excluding any rules which are not
          specifically aimed at the services defined therein.
    1
          Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on
          the Community Code relating to medicinal products for human use (OJ L 311, 28.11.2001,
          p. 67). Directive as last amended by Directive 2004/27/EC (OJ 136, 30.4.2004, p. 34).
 ---pagebreak--- L 410/186         EN                      Official Journal of the European Union                        30.12.2006
          This Agreement shall not apply to rules relating to matters which are covered by Community
          legislation in the field of telecommunications services, defined as "services whose provision
          consists wholly or partly in the transmission and routing of signals on a telecommunications
          network by means of telecommunications processes, with the exception of radio broadcasting
          and television" 1.
          This Agreement shall not apply to rules relating to matters which are covered by Community
          legislation in the field of financial services, as listed non-exhaustively in Annex II to this
          Agreement.
          With the exception of Article 11, this Agreement shall not apply to rules enacted by or for
          regulated markets within the meaning of Directive 2004/39/EC 2 or by or for other markets or
          bodies carrying out clearing or settlement functions for those markets.
   1
          This definition arises by virtue of Directive 98/48/EC which makes reference to Council
          Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for
          telecommunications services through the implementation of open network provision
          (OJ L 192, 24.7.1990, p. 1). The latter Directive has been repealed by Directive 2002/21/EC
          on a common regulatory framework for electronic communications networks and services
          (OJ L 108, 24.4.2002, p. 3) However, the definition of "telecommunications services" found
          in Directive 90/387/EEC should be retained for the purposes of Directive 98/48/EC.
   2
          Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on
          markets in financial instruments (OJ L 145, 30.4.2004, p. 1). Directive as amended by
          Directive 2006/31/EC (OJ L 114, 27.4.2006, p. 60).
 ---pagebreak--- 30.12.2006         EN                     Official Journal of the European Union                        L 410/187
          For the purposes of this definition:
          –      a rule shall be considered to be specifically aimed at Information Society services
                 where, having regard to its statement of reasons and its operative part, the specific aim
                 and object of all or some of its individual provisions is to regulate such services in an
                 explicit and targeted manner,
          –      a rule shall not be considered to be specifically aimed at Information Society services if
                 it affects such services only in an implicit or incidental manner;
    6)    "technical regulation": technical specifications and other requirements or rules on services,
          including the relevant administrative provisions, the observance of which is compulsory, de
          jure or de facto, in the case of marketing, provision of a service, establishment of a service
          operator or use in one of the Member States of the European Community, hereinafter referred
          to as "Member States", or a major part thereof, or in Bulgaria or a major part thereof, as well
          as laws, regulations or administrative provisions of the Member States or of Bulgaria, except
          those provided for in Article 12, prohibiting the manufacture, importation, marketing or use of
          a product or prohibiting the provision or use of a service, or establishment as a service
          provider.
 ---pagebreak--- L 410/188        EN                     Official Journal of the European Union                        30.12.2006
          De facto technical regulations include:
          –    laws, regulations or administrative provisions of a Member State or Bulgaria which
               refer either to technical specifications or to other requirements or to rules on services, or
               to professional codes or codes of practice which in turn refer to technical specifications
               or to other requirements or to rules on services, compliance with which confers a
               presumption of conformity with the obligations imposed by the aforementioned laws,
               regulations or administrative provisions,
          –    voluntary agreements to which a public authority is a contracting party and which
               provide, in the general interest, for compliance with technical specifications or other
               requirements or rules on services, excluding public procurement tender specifications,
          –    technical specifications or other requirements or rules on services which are linked to
               fiscal or financial measures affecting the consumption of products or services by
               encouraging compliance with such technical specifications or other requirements or
               rules on services; technical specifications or other requirements or rules on services
               linked to national social security systems are not included.
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                        L 410/189
          This comprises technical regulations imposed by the authorities designated by the
          Member States and appearing on a list 1 drawn up by the Commission of the European
          Community, hereinafter referred to as "the Commission", in the framework of the Committee
          referred to in Article 5 of Directive 98/34/EC. Bulgaria shall draw up such a list and forward
          it to the Commission the first day of the first month following entry into force of this
          Agreement.
          The same procedure shall be used for amending this list;
    7)    "draft technical regulation": the text of a technical specification or other requirement or of a
          rule on services, including administrative provisions, formulated with the aim of enacting it or
          of ultimately having it enacted as a technical regulation, the text being at a stage of
          preparation at which substantial amendments can still be made.
                                                      ARTICLE 2
    This Agreement shall not apply to those measures Member States consider necessary under the
    Treaty establishing the European Community or Bulgaria considers necessary for the protection of
    persons, in particular workers, when products are used, provided that such measures do not affect
    the products.
    1
          OJ C 23, 27.1.2000, p. 3.
 ---pagebreak--- L 410/190         EN                     Official Journal of the European Union                       30.12.2006
                                                     ARTICLE 3
   1.     Subject to Article 12, the Community shall notify Bulgaria of the draft technical regulations
   notified to it by its Member States. Where these technical regulations merely transpose the full text
   of an international or European standard, information regarding the relevant standard shall suffice.
   It shall also let Bulgaria have a statement of the grounds which make the enactment of such a
   technical regulation necessary, where these have not already been made clear in the draft.
   2.     Subject to Article 12, Bulgaria shall likewise notify the Community of its draft technical
   regulations. Where these technical regulations merely transpose the full text of an international or
   European standard, information regarding the relevant standard shall suffice. It shall also let the
   Community have a statement of the grounds which make the enactment of such a technical
   regulation necessary, where these have not already been made clear in the draft.
                                                     ARTICLE 4
   A full text of the draft technical regulation notified shall be made available in the original language
   as well as in a full translation into one of the official languages of the institutions of the
   European Union.
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                        L 410/191
                                                      ARTICLE 5
    1.     Where appropriate, and unless it has already been sent with a prior communication, a full text
    in the original language of the basic legislative or regulatory provisions principally and directly
    concerned shall also be simultaneously communicated, should knowledge of such text be necessary
    in order to assess the implications of the draft technical regulation notified.
    2.     Where, in particular, the draft seeks to limit the marketing or use of a chemical substance,
    preparation or product on grounds of public health or of the protection of consumers or the
    environment, Member States and Bulgaria shall also forward either a summary or the references of
    all relevant data relating to the substance, preparation or product concerned and to known and
    available substitutes, where such information may be available, and communicate the anticipated
    effects of the measure on public health and the protection of the consumer and the environment,
    together with an analysis of the risk carried out as appropriate in accordance with the general
    principles for the risk evaluation of chemical substances as referred to in Article 10(4) of
    Regulation (EEC) No 793/93 1 in the case of an existing substance or in Article 3(2) of
    Directive 67/548/EEC 2, in the case of a new substance.
    1
           Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the
           risks of existing substances (OJ L 84, 5.4.1993, p.1). Regulation as amended by
           Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284,
           31.10.2003, p. 1).
    2
           Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations
           and administrative provisions relating to the classification, packaging and labelling of
           dangerous substances (OJ L 196, 16.8.1967, p. 1). Directive as last amended by Commission
           Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).
 ---pagebreak--- L 410/192        EN                   Official Journal of the European Union                        30.12.2006
                                                  ARTICLE 6
   The Member States and Bulgaria shall communicate the draft technical regulation again under the
   above conditions if they make changes to the draft that have the effect of significantly altering its
   scope, shortening the timetable originally envisaged for implementation, adding specifications or
   requirements, or making the latter more restrictive. Transmission of these communications shall
   take place in accordance with the provisions set out in Article 3.
                                                  ARTICLE 7
   Either Contracting Party may ask for further information on a draft technical regulation notified in
   accordance with this Agreement.
                                                  ARTICLE 8
   1.     The Community and Bulgaria may make comments upon the draft technical regulations
   communicated. The comments of Bulgaria shall be forwarded to the Commission and the
   comments of the Community shall be forwarded by the Commission to Bulgaria.
   2.     The Member States and Bulgaria shall take such comments into account as far as possible in
   the subsequent preparation of the technical regulation.
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                       L 410/193
    3.     With respect to the technical specifications or other requirements or rules on services referred
    to in the third indent of the second subparagraph of point 6 of Article 1, the comments of the
    Contracting Parties may concern only aspects which may hinder trade or, in respect of rules on
    services, the free movement of services or the freedom of establishment of service operators and not
    the fiscal or financial aspects of the measure.
    4.     The Commission shall, when a six-month standstill is invoked according to the rules set out in
    Directive 98/34/EC, inform Bulgaria thereof.
                                                      ARTICLE 9
    The competent authorities of the Member States and Bulgaria shall postpone the adoption of draft
    technical regulations notified for three months from the date of receipt by the Commission of the
    text of the draft regulation.
 ---pagebreak--- L 410/194         EN                     Official Journal of the European Union                       30.12.2006
                                                     ARTICLE 10
   The standstill period referred to in Article 9 shall not apply in those cases where:
   –      for urgent reasons, occasioned by serious and unforeseeable circumstances relating to the
          protection of public health or safety, the protection of animals or the preservation of plants
          and, for rules on services, also for public policy, notably the protection of minors, the
          competent authorities are obliged to prepare technical regulations in a very short space of time
          in order to enact and introduce them immediately without any consultations being possible, or
   –      for urgent reasons occasioned by serious circumstances relating to the protection of the
          security and the integrity of the financial system, notably the protection of depositors,
          investors and insured persons, the competent authorities are obliged to enact and implement
          rules on financial services immediately.
   The reasons which warrant the urgency of the measures taken shall be given. The justification for
   urgent measures shall be detailed and clearly explained with particular emphasis on the
   unpredictability and the seriousness of the danger confronting the concerned authorities as well as
   the absolute necessity for immediate action to remedy it.
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                       L 410/195
                                                     ARTICLE 11
    1.    The final text in the original language of the technical regulation shall also be communicated.
    2.    The administrative arrangements for the above mentioned notifications are set out in
    Annex III.
                                                     ARTICLE 12
    1.    Articles 3 to 10 shall not apply to those laws, regulations and administrative provisions of the
    Member States and Bulgaria or voluntary agreements by means of which Member States or
    Bulgaria:
    –     comply as far as the Member States are concerned with binding Community acts which result
          in the adoption of technical specifications or rules on services, and as far as Bulgaria is
          concerned transpose into national law Community acts which result in the adoption of
          technical specifications or rules on services,
    –     fulfil as far as the Member States are concerned the obligations arising out of international
          agreements which result in the adoption of common technical specifications or rules on
          services in the Community,
 ---pagebreak--- L 410/196          EN                     Official Journal of the European Union                     30.12.2006
   –      fulfil as far as Bulgaria is concerned the obligations arising out of international agreements
          which result in the adoption of common technical specifications or rules on services in
          Bulgaria and the Community,
   –      make use of safeguard clauses provided for in binding Community acts,
   –      apply Article 12(1) of Directive 2001/95/EC 1,
   –      restrict themselves to implementing a judgement of the Court of Justice of the
          European Communities,
   –      restrict themselves to amending a technical regulation within the meaning of point 6 of
          Article 1, in accordance with a Commission request, with a view to removing an obstacle to
          trade or, in the case of rules on services, to the free movement of services or the freedom of
          establishment of service operators.
   2.     Articles 9 and 10 shall not apply to the laws, regulations and administrative provisions of the
   Member States and of Bulgaria prohibiting manufacture insofar as they do not impede the free
   movement of products.
   3.     Articles 9 and 10 shall not apply to the technical specifications or other requirements or the
   rules on services referred to in the third indent of the second subparagraph of point 6 of Article 1.
   1
          Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on
          general product safety (OJ L 11, 15.01.2002, p. 4).
 ---pagebreak--- 30.12.2006        EN                      Official Journal of the European Union                      L 410/197
                                                      ARTICLE 13
    Information supplied under this Agreement shall be considered as confidential upon request.
    However, both the Community and Bulgaria may, provided that the necessary precautions are
    taken, consult for an expert opinion natural or legal persons, including persons in the private sector.
                                                      ARTICLE 14
    1.    The Contracting Parties shall, within the framework of the established cooperation between
    experts of the Community and Bulgaria in the field of technical barriers to trade, hold regular
    consultations both to ensure the satisfactory functioning of the procedure laid down in this
    Agreement and to exchange views on the comments which have been submitted by any Contracting
    Party concerning a draft technical regulation notified in accordance with this Agreement.
    Furthermore, by common consent, the Contracting Parties may hold additional ad hoc meetings to
    deal with specific cases of particular interest to either Contracting Party.
    2.    Bulgaria shall appoint an expert to represent it in meetings of the Committee established
    under Article 5 of Directive 98/34/EC, part "information society services" and
    "technical regulations". The expert must be a member of the government services of Bulgaria. The
    expert shall not be entitled to vote.
 ---pagebreak--- L 410/198        EN                      Official Journal of the European Union                    30.12.2006
   3.     The Commission shall, in good time, inform the expert of the dates of the meetings, and of the
   items on the agenda of the Committee. The Commission shall forward relevant information to the
   expert.
   4.     On the initiative of its chairman, the Committee may meet without the expert representing
   Bulgaria being present. In that case Bulgaria shall be informed.
                                                     ARTICLE 15
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the
   European Community is applied and under the conditions laid down in that Treaty and, on the other
   hand, to the territory of Bulgaria.
                                                     ARTICLE 16
   This Agreement shall enter into force on the first day of the second month following the date on
   which the Contracting Parties have exchanged Notes confirming the completion of their respective
   procedures for the entry into force of this Agreement.
 ---pagebreak--- 30.12.2006       EN                   Official Journal of the European Union                    L 410/199
                                                  ARTICLE 17
    This Agreement shall expire on the date of accession of Bulgaria to the European Union.
                                                  ARTICLE 18
    This Agreement is drawn up in two originals in the Czech, Danish, Dutch, English, Estonian,
    Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
    Portuguese, Slovene, Slovak, Spanish, Swedish and Bulgarian languages, each text being equally
    authentic.
    FOR THE EUROPEAN COMMUNITY:                                FOR THE REPUBLIC OF BULGARIA
 ---pagebreak--- L 410/200         EN                    Official Journal of the European Union                      30.12.2006
                                                                                                 ANNEX I
                                           Indicative list of services
                       not covered by the second subparagraph of point 2 of Article 1
   1.     Services not provided "at a distance"
          Services provided in the physical presence of the provider and the recipient, even if they
          involve the use of electronic devices:
          (a)   medical examinations or treatment at a doctor's surgery using electronic equipment
                where the patient is physically present;
          (b)   consultation of an electronic catalogue in a shop with the customer on site;
          (c)   plane ticket reservation at a travel agency in the physical presence of the customer by
                means of a network of computers;
          (d)   electronic games made available in a video-arcade where the customer is physically
                present.
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                         L 410/201
    2.    Services not provided "by electronic means"
          Services having material content even though provided via electronic devices:
          (a)   automatic cash or ticket dispensing machines (banknotes, rail tickets);
          (b)   access to road networks, car parks, etc., charging for use, even if there are electronic
                devices at the entrance/exit controlling access and/or ensuring correct payment is made.
          Off-line services: distribution of CD-roms or software on diskettes.
          Services which are not provided via electronic processing/inventory systems:
          (a)   voice telephony services;
          (b)   telefax/telex services;
          (c)   services provided via voice telephony or fax;
          (d)   telephone/telefax consultation of a doctor;
          (e)   telephone/telefax consultation of a lawyer;
          (f)   telephone/telefax direct marketing.
 ---pagebreak--- L 410/202         EN                     Official Journal of the European Union                  30.12.2006
   3.     Services not supplied "at the individual request of a recipient of services"
          Services provided by transmitting data without individual demand for simultaneous reception
          by an unlimited number of individual receivers (point to multipoint transmission):
          (a)   television broadcasting services (including near-video on-demand services), covered by
                point (a) of Article 1 of Directive 89/552/EEC;
          (b)   radio broadcasting services;
          (c)   (televised) teletext.
                                               _________________
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                         L 410/203
                                                                                                 ANNEX II
                                    Indicative list of the financial services
                           covered by the third subparagraph of point 5 of Article 1
    –     Investment services
    –     Insurance and reinsurance operations
    –     Banking services
    –     Operations relating to pension funds
    –     Services relating to dealings in futures or options
    Such services include in particular:
    (a)   investment services referred to in the Annex to Directive 2004/39/EC; services of collective
          investment undertakings;
    (b)   services covered by the activities subject to mutual recognition referred to in the Annex to
          Directive 2006/48/EC 1;
    1
          Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating
          to the taking up and pursuit of the business of credit institutions (recast) (OJ L 177, 30.6.2006,
          p. 1).
 ---pagebreak--- L 410/204         EN                     Official Journal of the European Union                      30.12.2006
   (c)    operations covered by the insurance and reinsurance activities referred to in:
          –      Article 1 of Directive 73/239/EEC 1,
          –      Directive 64/225/EEC 2,
          –      Directive 92/49/EEC 3 and Directive 2002/83/EC 4.
                                                ________________
   1
          First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations
          and administrative provisions relating to the taking-up and pursuit of the business of direct
          insurance other than life insurance (OJ L 228, 16.8.1973, p. 3). Directive as last amended by
          Directive 2005/68/EC of the European Parliament and of the Council (OJ L 323, 9.12.2005,
          p. 1).
   2
          Council Directive 64/225/EEC of 25 February 1964 on the abolition of restrictions on
          freedom of establishment and freedom to provide services in respect of reinsurance and
          retrocession (OJ 56, 4.4.1964, p. 878/64). Directive as amended by the 1973 Act of
          Accession.
   3
          Council Directive 92/49/EEC of 18 June 1992 on the coordinating of laws, regulations and
          administrative provisions relating to direct insurance other than life assurance (OJ L 228,
          11.8.1992, p. 1). Directive as last amended by Directive 2005/68/EC.
   4
          Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002
          concerning life assurance (OJ L 345, 19.12.2002, p. 1). Directive as last amended by
          Directive 2005/68/EC.
 ---pagebreak--- 30.12.2006        EN                      Official Journal of the European Union                     L 410/205
                                                                                              ANNEX III
    Pursuant to Article 11(2) of the Agreement, the following communications by electronic means are
    considered necessary:
    1)    notification slips. They may be communicated before or together with the transmission of the
          full text;
    2)    the full text of the draft notified;
    3)    acknowledgement of receipt of the draft text, containing inter alia, the relevant expiry date of
          the standstill period;
    4)    messages requesting supplementary information;
    5)    answers to request for supplementary information;
    6)    comments;
    7)    requests for ad hoc meetings;
    8)    answers to requests for ad hoc meetings;
    9)    requests for final texts;
    10)   information that a six-month standstill has been called.
 ---pagebreak--- L 410/206         EN                     Official Journal of the European Union               30.12.2006
   The following communications may, for the time being, be transmitted by fax, however electronic
   means are preferable:
   11)    basic legal texts or regulatory provisions;
   12)    the final text.
   Administrative arrangements concerning the communications shall be jointly agreed on by the
   Contracting Parties.
                                               _________________
 ---pagebreak--- 30.12.2006    EN              Official Journal of the European Union L 410/207
                                         AGREEMENT
                        BETWEEN THE EUROPEAN COMMUNITY
                                       AND ROMANIA
           LAYING DOWN A PROCEDURE FOR THE PROVISION OF INFORMATION
                   IN THE FIELD OF TECHNICAL REGULATIONS AND
                    OF RULES ON INFORMATION SOCIETY SERVICES
 ---pagebreak--- L 410/208         EN                    Official Journal of the European Union                     30.12.2006
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as "the Community"
                                                         on the one hand, and
   ROMANIA,
                                                         on the other hand,
   hereinafter referred to as "the Contracting Parties",
   HAVING REGARD 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 1,
   and in particular to the aims set out in Article 1 thereof,
   HAVING REGARD to the information procedure on technical regulations and rules on information
   society services applied within the European Community 2,
   1
          OJ L 357, 31.12.1994, p. 2.
   2
          Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying
          down a procedure for the provision of information in the field of technical standards and
          regulations and rules on Information Society services (OJ L 204, 21.7.1998, p. 37). Directive
          as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).
 ---pagebreak--- 30.12.2006         EN                 Official Journal of the European Union                       L 410/209
    CONSIDERING the commitment of the Contracting Parties to promote harmonious economic
    relations between themselves,
    CONSIDERING the ongoing cooperation between the Contracting Parties in the field of technical
    barriers to trade and the common understanding reached within the framework of that cooperation
    to extend this information procedure on technical regulations and rules on information society
    services applied in the Community to Romania,
    HAVE AGREED AS FOLLOWS:
 ---pagebreak--- L 410/210         EN                    Official Journal of the European Union                        30.12.2006
                                                    ARTICLE 1
   For the purpose of this Agreement, the following definitions apply:
   1)     "product": any industrially manufactured product and any agricultural product, including fish
          products;
   2)     "service": any Information Society service, by which is meant any service normally provided
          for remuneration, at a distance, by electronic means and at the individual request of a recipient
          of services.
          For the purposes of this definition:
          –     "at a distance": means that the service is provided without the parties being
                simultaneously present,
        –       "by electronic means": means that the service is sent initially and received at its
                destination by means of electronic equipment for the processing (including digital
                compression) and storage of data, and entirely transmitted, conveyed and received by
                wire, by radio, by optical means or by other electromagnetic means,
        –       "at the individual request of a recipient of services": means that the service is provided
                through the transmission of data on individual request.
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                       L 410/211
          An indicative list of services not covered by this definition is set out in Annex I.
          This Agreement shall not apply to:
          –     radio broadcasting services,
           –    television broadcasting services covered by point (a) of Article 1 of
                Directive 89/552/EEC 1;
    3)    "technical specification": a specification contained in a document which lays down the
          characteristics required of a product such as levels of quality, performance, safety or
          dimensions, including the requirements applicable to the product as regards the name under
          which the product is sold, terminology, symbols, testing and test methods, packaging,
          marking or labelling and conformity assessment procedures.
    1
          Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions
          laid down by Law, Regulation or Administrative Action in Member States concerning the
          pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive as last
          amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202,
          30.7.1997, p. 1).
 ---pagebreak--- L 410/212         EN                       Official Journal of the European Union                    30.12.2006
          This definition also covers production methods and processes used in respect of agricultural
          products as referred to Article 38(1) of the Treaty establishing the European Community,
          products intended for human and animal consumption, and medicinal products as defined in
          Article 1 of Directive 2001/83/EC 1, as well as production methods and processes relating to
          other products, where these have an effect on their characteristics;
   4)     "other requirements": a requirement, other than a technical specification, imposed on a
          product for the purpose of protecting, in particular, consumers or the environment, and which
          affects its life cycle after it has been placed on the market, such as conditions of use,
          recycling, reuse or disposal, where such conditions can significantly influence the
          composition or nature of the product or its marketing;
   5)     "rule on services": requirement of a general nature relating to the taking-up and pursuit of
          service activities within the meaning of point 2, in particular provisions concerning the
          service provider, the services and the recipient of services, excluding any rules which are not
          specifically aimed at the services defined therein.
   1
          Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on
          the Community Code relating to medicinal products for human use (OJ L 311, 28.11.2001,
          p. 67). Directive as last amended by Directive 2004/27/EC (OJ L 136, 30.4.2004, p. 34).
 ---pagebreak--- 30.12.2006        EN                      Official Journal of the European Union                         L 410/213
          This Agreement shall not apply to rules relating to matters which are covered by Community
          legislation in the field of telecommunications services, defined as "services whose provision
          consists wholly or partly in the transmission and routing of signals on a telecommunications
          network by means of telecommunications processes, with the exception of radio broadcasting
          and television." 1
          This Agreement shall not apply to rules relating to matters which are covered by Community
          legislation in the field of financial services, as listed non-exhaustively in Annex II to this
          Agreement.
          With the exception of Article 11, this Agreement shall not apply to rules enacted by or for
          regulated markets within the meaning of Directive 2004/39/EC2 or by or for other markets or
          bodies carrying out clearing or settlement functions for those markets.
    1
          This definition arises by virtue of Directive 98/48/EC which makes reference to
          Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for
          telecommunications services through the implementation of open network provision
          (OJ L 192, 24.7.1990, p. 1). The latter directive has been repealed by Directive 2002/21/EC
          on a common regulatory framework for electronic communications networks and services
          (OJ L 108, 24.04.2002, p.3). However, the definition of "telecommunications services" found
          in Directive 90/387/EEC has been retained for the purposes of Directive 98/48/EC.
    2
          Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on
          markets in financial instruments (OJ L 145, 30.4.2004, p. 1). Directive as amended by
          Directive 2006/31/EC (OJ L 114, 27.4.2006, p. 60).
 ---pagebreak--- L 410/214          EN                     Official Journal of the European Union                       30.12.2006
          For the purposes of this definition:
           –     a rule shall be considered to be specifically aimed at Information Society services
                 where, having regard to its statement of reasons and its operative part, the specific aim
                 and object of all or some of its individual provisions is to regulate such services in an
                 explicit and targeted manner,
           –     a rule shall not be considered to be specifically aimed at Information Society services if
                 it affects such services only in an implicit or incidental manner;
   6)     "technical regulation": technical specifications and other requirements or rules on services,
          including the relevant administrative provisions, the observance of which is compulsory,
          de jure or de facto, in the case of marketing, provision of a service, establishment of a service
          operator or use in one of the Member States of the European Community, hereinafter referred
          to as "Member States", or a major part thereof, or in Romania or a major part thereof, as well
          as laws, regulations or administrative provisions of the Member States or of Romania, except
          those provided for in Article 12, prohibiting the manufacture, importation, marketing or use of
          a product or prohibiting the provision or use of a service, or establishment as a service
          provider.
 ---pagebreak--- 30.12.2006       EN                     Official Journal of the European Union                        L 410/215
          De facto technical regulations include:
           –   laws, regulations or administrative provisions of a Member State or Romania which
               refer either to technical specifications or to other requirements or to rules on services, or
               to professional codes or codes of practice which in turn refer to technical specifications
               or to other requirements or to rules on services, compliance with which confers a
               presumption of conformity with the obligations imposed by the aforementioned laws,
               regulations or administrative provisions,
           –   voluntary agreements to which a public authority is a contracting party and which
               provide, in the general interest, for compliance with technical specifications or other
               requirements or rules on services, excluding public procurement tender specifications,
           –   technical specifications or other requirements or rules on services which are linked to
               fiscal or financial measures affecting the consumption of products or services by
               encouraging compliance with such technical specifications or other requirements or
               rules on services; technical specifications or other requirements or rules on services
               linked to national social security systems are not included.
 ---pagebreak--- L 410/216          EN                    Official Journal of the European Union                       30.12.2006
          This comprises technical regulations imposed by the authorities designated by the
          Member States and appearing on a list 1 drawn up by the Commission of the European
          Community, hereinafter referred to as "the Commission" in the framework of the Committee
          referred to in Article 5 of Directive 98/34/EC. Romania shall draw up such a list and forward
          it to the Commission the first day of the first month following entry into force of this
          Agreement.
          The same procedure shall be used for amending this list;
   7)     "draft technical regulation": the text of a technical specification or other requirement or of a
          rule on services, including administrative provisions, formulated with the aim of enacting it or
          of ultimately having it enacted as a technical regulation, the text being at a stage of
          preparation at which substantial amendments can still be made.
                                                     ARTICLE 2
   This Agreement shall not apply to those measures Member States consider necessary under the
   Treaty establishing the European Community or Romania considers necessary for the protection of
   persons, in particular workers, when products are used, provided that such measures do not affect
   the products.
   1
          OJ C 23, 27.1.2000, p. 3.
 ---pagebreak--- 30.12.2006         EN                     Official Journal of the European Union                       L 410/217
                                                       ARTICLE 3
    1.     Subject to Article 12, the Community shall notify Romania of the draft technical regulations
    notified to it by its Member States. Where these technical regulations merely transpose the full text
    of an international or European standard, information regarding the relevant standard shall suffice.
    It shall also let Romania have a statement of the grounds which make the enactment of such a
    technical regulation necessary, where these have not already been made clear in the draft.
    2.     Subject to Article 12, Romania shall likewise notify the European Community of its draft
    technical regulations. Where these technical regulations merely transpose the full text of an
    international or European standard, information regarding the relevant standard shall suffice. It
    shall also let the Community have a statement of the grounds which make the enactment of such a
    technical regulation necessary, where these have not already been made clear in the draft.
                                                       ARTICLE 4
    A full text of the draft technical regulation notified shall be made available in the original language
    as well as in a full translation into one of the official languages of the institutions of the
    European Union.
 ---pagebreak--- L 410/218         EN                    Official Journal of the European Union                       30.12.2006
                                                    ARTICLE 5
   1.     Where appropriate, and unless it has already been sent with a prior communication, a full text
   in the original language of the basic legislative or regulatory provisions principally and directly
   concerned shall also be simultaneously communicated, should knowledge of such text be necessary
   in order to assess the implications of the draft technical regulation notified.
   2.     Where, in particular, the draft seeks to limit the marketing or use of a chemical substance,
   preparation or product on grounds of public health or of the protection of consumers or the
   environment, Member States and Romania shall also forward either a summary or the references of
   all relevant data relating to the substance, preparation or product concerned and to known and
   available substitutes, where such information may be available, and communicate the anticipated
   effects of the measure on public health and the protection of the consumer and the environment,
   together with an analysis of the risk carried out as appropriate in accordance with the general
   principles for the risk evaluation of chemical substances as referred to in Article 10(4) of
   Regulation (EEC) No 793/93 1 in the case of an existing substance or in Article 3(2) of
   Directive 67/548/EEC 2, in the case of a new substance.
   1
          Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the
          risks of existing substances (OJ L 84, 5.4.1993, p. 1).Regulation as amended by
          Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284,
          31.10.2003, p. 1).
   2
          Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations
          and administrative provisions relating to the classification, packaging and labelling of
          dangerous substances (OJ L 196, 16.8.1967, p. 1). Directive as last amended by Commission
          Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).
 ---pagebreak--- 30.12.2006        EN                   Official Journal of the European Union                         L 410/219
                                                    ARTICLE 6
    The Member States and Romania shall communicate the draft technical regulation again under the
    above conditions if they make changes to the draft that have the effect of significantly altering its
    scope, shortening the timetable originally envisaged for implementation, adding specifications or
    requirements, or making the latter more restrictive. Transmission of these communications shall
    take place in accordance with the provisions set out in Article 3.
                                                    ARTICLE 7
    Either Contracting Party may ask for further information on a draft technical regulation notified in
    accordance with this Agreement.
                                                    ARTICLE 8
    1.    The Community and Romania may make comments upon the draft technical regulations
    communicated. The comments of Romania shall be forwarded to the Commission and the
    comments of the Community shall be forwarded by the Commission to Romania.
    2.    The Member States and Romania shall take such comments into account as far as possible in
    the subsequent preparation of the technical regulation.
 ---pagebreak--- L 410/220         EN                     Official Journal of the European Union                      30.12.2006
   3.     With respect to the technical specifications or other requirements or rules on services referred
   to in the third indent of the second subparagraph of point 6 of Article 1, the comments of the
   Contracting Parties may concern only aspects which may hinder trade or, in respect of rules on
   services, the free movement of services or the freedom of establishment of service operators and not
   the fiscal or financial aspects of the measure.
   4.     The Commission shall, when a six-month standstill is invoked according to the rules set out in
   Directive 98/34/EC, inform Romania thereof.
                                                     ARTICLE 9
   The competent authorities of the Member States and Romania shall postpone the adoption of draft
   technical regulations notified for three months from the date of receipt by the Commission of the
   text of the draft regulation.
 ---pagebreak--- 30.12.2006       EN                      Official Journal of the European Union                       L 410/221
                                                     ARTICLE 10
    The standstill period referred to in Article 9 shall not apply in those cases where:
    –     for urgent reasons, occasioned by serious and unforeseeable circumstances relating to the
          protection of public health or safety, the protection of animals or the preservation of plants
          and, for rules on services, also for public policy, notably the protection of minors, the
          competent authorities are obliged to prepare technical regulations in a very short space of time
          in order to enact and introduce them immediately without any consultations being possible, or
    –     for urgent reasons occasioned by serious circumstances relating to the protection of the
          security and the integrity of the financial system, notably the protection of depositors,
          investors and insured persons, the competent authorities are obliged to enact and implement
          rules on financial services immediately.
    The reasons which warrant the urgency of the measures taken shall be given. The justification for
    urgent measures shall be detailed and clearly explained with particular emphasis on the
    unpredictability and the seriousness of the danger confronting the concerned authorities as well as
    the absolute necessity for immediate action to remedy it.
 ---pagebreak--- L 410/222          EN                    Official Journal of the European Union                      30.12.2006
                                                     ARTICLE 11
   1.     The final text in the original language of the technical regulation shall also be communicated.
   2.     The administrative arrangements for the above mentioned notifications are set out in
   Annex III.
                                                     ARTICLE 12
   1.     Articles 3 to 10 shall not apply to those laws, regulations and administrative provisions of the
   Member States and Romania or voluntary agreements by means of which Member States or
   Romania:
   –      comply as far as the Member States are concerned with binding Community acts which result
          in the adoption of technical specifications or rules on services, and as far as Romania is
          concerned transpose into national law Community acts which result in the adoption of
          technical specifications or rules on services,
   –      fulfil as far as the Member States are concerned the obligations arising out of international
          agreements which result in the adoption of common technical specifications or rules on
          services in the Community,
 ---pagebreak--- 30.12.2006         EN                    Official Journal of the European Union                       L 410/223
    –     fulfil as far as Romania is concerned the obligations arising out of international agreements
          which result in the adoption of common technical specifications or rules on services in
          Romania and the Community,
    –     make use of safeguard clauses provided for in binding Community acts,
    –     apply Article 12(1) of Directive 2001/95/EC 1,
    –     restrict themselves to implementing a judgement of the Court of Justice of the European
          Communities,
    –     restrict themselves to amending a technical regulation within the meaning of point 6 of
          Article 1, in accordance with a Commission request, with a view to removing an obstacle to
          trade or, in the case of rules on services, to the free movement of services or the freedom of
          establishment of service operators.
    2.    Articles 9 and 10 shall not apply to the laws, regulations and administrative provisions of the
    Member States and of Romania prohibiting manufacture insofar as they do not impede the free
    movement of products.
    3.    Article 9 and 10 shall not apply to the technical specifications or other requirements or the
    rules on services referred to in the third indent of the second subparagraph of point 6 of Article 1.
    1
          Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on
          general product safety (OJ L 11, 15.1.2002, p. 4).
 ---pagebreak--- L 410/224        EN                    Official Journal of the European Union                       30.12.2006
                                                   ARTICLE 13
   Information supplied under this Agreement shall be considered as confidential upon request.
   However, both the Community and Romania may, provided that the necessary precautions are
   taken, consult for an expert opinion natural or legal persons, including persons in the private sector.
                                                   ARTICLE 14
   1.     The Contracting Parties shall, within the framework of the established cooperation between
   experts of the Community and Romania in the field of technical barriers to trade, hold regular
   consultations both to ensure the satisfactory functioning of the procedure laid down in this
   Agreement and to exchange views on the comments which have been submitted by any Contracting
   Party concerning a draft technical regulation notified in accordance with this Agreement.
   Furthermore, by common consent, the Contracting Parties may hold additional ad hoc meetings to
   deal with specific cases of particular interest to either Contracting Party.
   2.     Romania shall appoint an expert to represent it in meetings of the Committee established
   under article 5 of Directive 98/34/EC, part "information society services" and "technical
   regulations". The expert must be a member of the government services of Romania. The expert
   shall not be entitled to vote.
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                     L 410/225
    3.    The Commission shall, in good time, inform the expert of the dates of the meetings, and of the
    items on the agenda of the Committee. The Commission shall forward relevant information to the
    expert.
    4.    On the initiative of its chairman, the Committee may meet without the expert representing
    Romania being present. In that case Romania shall be informed.
                                                     ARTICLE 15
    This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the
    European Community is applied and under the conditions laid down in that Treaty and, on the other
    hand, to the territory of Romania.
                                                     ARTICLE 16
    This Agreement shall enter into force on the first day of the second month following the date on
    which the Contracting Parties have exchanged Notes confirming the completion of their respective
    procedures for the entry into force of this Agreement.
 ---pagebreak--- L 410/226       EN                   Official Journal of the European Union                    30.12.2006
                                                 ARTICLE 17
   This Agreement shall expire on the date of accession of Romania to the European Union.
                                                 ARTICLE 18
   This Agreement is drawn up in two originals in the Czech, Danish, Dutch, English, Estonian,
   Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
   Portuguese, Slovene, Slovak, Spanish, Swedish and Romanian languages, each text being equally
   authentic.
   FOR THE EUROPEAN COMMUNITY:                                            FOR ROMANIA:
 ---pagebreak--- 30.12.2006       EN                     Official Journal of the European Union                       L 410/227
                                                                                                 ANNEX I
                                            Indicative list of services
                       not covered by the second subparagraph of point 2 of Article 1
    1.    Services not provided "at a distance"
          Services provided in the physical presence of the provider and the recipient, even if they
          involve the use of electronic devices:
           (a)  medical examinations or treatment at a doctor's surgery using electronic equipment
                where the patient is physically present;
          (b)   consultation of an electronic catalogue in a shop with the customer on site;
           (c)  plane ticket reservation at a travel agency in the physical presence of the customer by
                means of a network of computers;
           (d)  electronic games made available in a video-arcade where the customer is physically
                present.
 ---pagebreak--- L 410/228         EN                    Official Journal of the European Union                        30.12.2006
   2.     Services not provided "by electronic means"
          Services having material content even though provided via electronic devices:
          (a)   automatic cash or ticket dispensing machines (banknotes, rail tickets);
          (b)   access to road networks, car parks, etc., charging for use, even if there are electronic
                devices at the entrance/exit controlling access and/or ensuring correct payment is made.
          Off-line services: distribution of CD roms or software on diskettes.
          Services which are not provided via electronic processing/inventory systems:
          (a)   voice telephony services;
          (b)   telefax/telex services;
          (c)   services provided via voice telephony or fax;
          (d)   telephone/telefax consultation of a doctor;
          (e)   telephone/telefax consultation of a lawyer;
          (f)   telephone/telefax direct marketing.
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                    L 410/229
    3.    Services not supplied "at the individual request of a recipient of services"
          Services provided by transmitting data without individual demand for simultaneous reception
          by an unlimited number of individual receivers (point to multipoint transmission):
         (a)    television broadcasting services (including near-video on-demand services), covered by
                point (a) of Article 1 of Directive 89/552/EEC;
          (b)   radio broadcasting services;
          (c)   (televised) teletext.
                                                ________________
 ---pagebreak--- L 410/230         EN                    Official Journal of the European Union                        30.12.2006
                                                                                                 ANNEX II
                                    Indicative list of the financial services
                           covered by the third subparagraph of point 5 of Article 1
   –      Investment services
   –      Insurance and reinsurance operations
   –      Banking services
   –      Operations relating to pension funds
   –      Services relating to dealings in futures or options
   Such services include in particular:
   (a)    investment services referred to in the Annex to Directive 2004/39/EC; services of collective
          investment undertakings;
   (b)    services covered by the activities subject to mutual recognition referred to in the Annex to
          Directive 2006/48/EC 1;
   1
          Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating
          to the taking up and pursuit of the business of credit institutions (recast) (OJ L 177, 30.6.2006,
          p. 1).
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                      L 410/231
    (c)   operations covered by the insurance and reinsurance activities referred to in:
          –      Article 1 of Directive 73/239/EEC 1,
          –      Directive 64/225/EEC 2,
          –      Directive 92/49/EEC 3 and Directive 2002/83/EC 4.
                                                _________________
    1
          First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations
          and administrative provisions relating to the taking-up and pursuit of the business of direct
          insurance other than life insurance (OJ L 228, 16.8.1973, p. 3). Directive as last amended by
          Directive 2005/68/EC of the European Parliament and of the Council (OJ L 323, 9.12.2005,
          p. 1).
    2
          Council Directive 64/225/EEC of 25 February 1964 on the abolition of restrictions on
          freedom of establishment and freedom to provide services in respect of reinsurance and
          retrocession (OJ 56, 4. 4. 1964, p. 878/64). Directive as amended by the 1973 Act of
          Accession.
    3
          Council Directive 92/49/EEC of 18 June 1992 on the coordinating of laws, regulations and
          administrative provisions relating to direct insurance other than life assurance (OJ L 228,
          11.8.1992, p. 1). Directive as last amended by Directive 2005/68/EC.
    4
          Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002
          concerning life assurance (OJ L 345, 19.12.2002, p.1). Directive as last amended by
          Directive 2005/68/EC.
 ---pagebreak--- L 410/232         EN                       Official Journal of the European Union                    30.12.2006
                                                                                              ANNEX III
   Pursuant to Article 11 (2) of the Agreement, the following communications by electronic means are
   considered necessary:
   1)     notification slips. They may be communicated before or together with the transmission of the
          full text;
   2)     the full text of the draft notified;
   3)     acknowledgement of receipt of the draft text, containing inter alia, the relevant expiry date of
          the standstill period;
   4)     messages requesting supplementary information;
   5)     answers to request for supplementary information;
   6)     comments;
   7)     requests for ad hoc meetings;
   8)     answers to requests for ad hoc meetings;
   9)     requests for final texts;
   10)    information that a six-month standstill has been called.
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                  L 410/233
    The following communications may, for the time being, be transmitted by fax, however electronic
    means are preferable:
    11)   basic legal texts or regulatory provisions;
    12)   the final text.
    Administrative arrangements concerning the communications shall be jointly agreed on by the
    Contracting Parties.
                                              __________________