CELEX: 51980PC0035
Language: en
Date: 1980-02-07
Title: Proposal for a Council Directive on a special Community certification procedure for products originating in third countries

4. 3. 80                          Official Journal of the European Communities                                   No G 54/5
                         Article 2                                   energy investment shall contribute to greater self-
                                                                     sufficiency, security and          diversification of
The product of these borrowings shall be used for                    Community energy supplies; investment shall
loans to finance investment projects which are carried               ensure the development, exploitation, transpor-
out on Community territory and which are consistent                  tation and storage of energy resources; particular
with priority Community objectives in the infra-                     attention shall be paid to energy conservation and
structure and energy sectors.                                        to the development of alternative energy sources.
For the purposes of this tranche:
                                                                                         Article 3
     infrastructure investment shall cover in particular
     transport,     telecommunications,       agricultural       The Commission shall decide whether or not projects
     improvements, water supply works, environmental             are eligible in accordance with the guidelines laid
     protection, housing and advance factories;                  down in Article 3 of Decision 79/486/EEC.
              Proposal for a Council Directive on a special Community certification procedure for
                                          products originating in third countries
                           (Submitted by the Commission to the Council on 11 February 1980)
THE COUNCIL OF THE EUROPEAN                                      fication procedures may also be applicable               to
COMMUNITIES,                                                     industrial products from third countries;
Having regard to the Treaty establishing the                     Whereas the Access to Community certification pro-
European Economic Community, and in particular                   cedures should be subordinated to a control of
Article 100 thereof,                                             technical production data in third countries which
                                                                 may differ from those existing in the Community and
Having regard to the proposal from the Commission,               that, moreover, it depends on the inexistence of the
                                                                 conditions referred to in Article 14 (2) of the said
                                                                 Agreement;
Having regard to the opinion of the European Par-
liament,
                                                                 Whereas provision should therefore be made for an
                                                                 appropriate procedure to monitor these factors;
Having regard to the opinion of the Economic and
Social Committee,
                                                                 Whereas this Directive applies without prejudice to
Whereas the Council Directives tending to remove                 Community provisions which are already in force for
the technical barriers to trade and providing for                the recognition of third country systems; whereas,
Community certification procedures have been                     moreover, it must be possible to adopt special pro-
adopted on the basis of Article 100 of the Treaty;               cedures whenever the specific nature of the product
whereas provisions completing these procedures                   or sector in question so requires,
should also be based on Article 100;
Whereas, in accordance with the Agreement on
technical barriers to trade and Council Decision                 HAS ADOPTED THIS DIRECTIVE:
80/45/EEC of 15 January 1980 providing for the
introduction       and    application      of    technical                               Article 1
specifications and standards (*), Community certi-
                                                                  1.    The    Community        certification     procedures
                                                                 provided for in the Community Acts relating to the
(') OJ No.L 14, 19. 1. 1980, p. 36.                              removal of technical barriers to trade shall apply to
 ---pagebreak--- N o C 54/6                          Official Journal of the European Communities                             4. 3. 80
industrial products from third countries, if the             Member State or by the Commission, the Member
procedure laid down in this Directive leads to a             State shall either refuse access to the Community certi-
positive result.                                             fication procedure or shall initiate this procedure in
                                                             accordance with the abovementioned conclusions.
2.     However, where a special agreement exists
between the Community and a third country on the             5.    Where objections to these conclusions have been
mutual recognition of controls, the procedure laid           lodged, the Commission shall convene, at the earliest
down in this Directive may be waived.                        opportunity, the Committee referred to in Article 4.
                                                             In such an event, appropriate measures shall be taken
3.     As and when necessary, specific procedures may        in accordance with the procedure laid down in
be laid down in Directives, in order to take account         Article 5.
of the special features of individual products.
                                                                                      Article 4
                        Article 2                            1.    A committee on EEC certification of products
                                                             subject to Community Acts aimed at the removal of
                                                             technical barriers to trade, hereinafter referred to as
For the purposes of this Directive 'EEC certification'       'the Committee', is hereby set up; it shall consist of
means the procedure which is laid down in                    representatives of the Member States with a re-
Community Acts and which requires, prior to the              presentative of the Commission as chairman.
marketing of a given product, the issuing of a certi-
ficate of conformity in respect of that product or of a
model representative of the product or of a                  2.    The Committee shall adopt its own rules of
prototype, together with the Act(s) concerned,               procedure.
irrespective of whether this certiiicate is issued by a                               Article 5
Member State or by an approved body, as laid down
in the abovementioncci arts.
                                                             1.    Where the procedure laid down in this Article is
                                                             to be followed, matters shall be referred to the
                                                             Committee by the chairman, either on his own
                        Article 3                            initiative or at the request of the representative of a
                                                             Member State.
 1.    Member States shall take every appropriate step
to ensure that they are informed of any Application          2.    The representative of the Commission shall
for EEC certification in respect of a product manu-          submit to the Committee a draft of the decisions to
factured in a third country, and that the Community          be taken.
certification procedure only be initiated at the expiry
of the procedure set out in this Article.                    The Committee shall deliver its opinion on the draft
                                                             within a time limit set by the chairman having regard
                                                             to the urgency of the matter. Opinions shall be
2.     When such an application has been submitted,          adopted by a majority of 41 votes, the votes of
the Member State concerned shall examine whether:            Member States being weighted as provided for in
                                                             Article 148 (2) of the Treaty. The chairman shall not
(a) the applicant is willing and able to satisfy the
                                                             vote.
     technical requirements of the Community certi-
     fication procedure;
(b) the conditions referred to in the first sentence of      3.     On obtaining the opinion of the Committee, the
     Article 14 (2) of the Agreement on technical            Commission shall adopt its decision and notify the
     barriers to trade run the risk of not being             Member States accordingly.
     fulfilled.
3.     The Member State concerned shall notify the           4.     Where this decision is not in accordance with
other Member States and the Commission of the                the opinion of the Committee, it shall become final if
conclusions of the examination referred to in                within 20 days of notification Ao Member State has
paragraph 2.                                                 referred the matter to the Council or if, in the event
                                                             of such referral, the Council has not amended this
 4.    If within 20 days of these conclusions being          decision by a qualified majority within 60 days of its
 dispatched no objection has been lodged by a                referral.
 ---pagebreak--- 4. 3. 80                        Official Journal of the European Communities                              N o C 54/7
                       Article 6                            Directive before 1 July 1980 and shall forthwith
                                                            inform the Commission thereof.
The Committee shall be empowered to examine any
other matter raised by its chairman and falling within      2.    Once this Directive has been notified, Member
the scope of this Directive, either on the chairman's       States shall ensure that the Commission is informed,
own initiative or at the request of the representative      in sufficient time to enable it to submit its comments,
of a Member State.                                          of any draft laws, regulations or administrative
                                                            provisions which they intend to adopt in the field
                                                            covered by this Directive.
                       Article 7
                                                                                    Article 8
 1.    Member States shall bring into force the
provisions necessary in order to comply with this           This Directive is addressed to the Member States.