2003/57/EC: Council Decision of 21 January 2003 suspending the Community obligations under the Sectoral Annex for Electrical Safety of the Agreement on Mutual Recognition between the European Community and the United States of America

Council Decision
of 21 January 2003
suspending the Community obligations under the Sectoral Annex for Electrical Safety of the Agreement on Mutual Recognition between the European Community and the United States of America
(2003/57/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the second subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) According to Article 16 of the Agreement on Mutual Recognition concluded between the European Community and the United States of America(1), hereinafter referred to as the "Agreement", a Party may suspend its obligations under a Sectoral Annex.
(2) The United States of America has failed to fulfil its obligation under the Agreement, in particular with regard to procedures to be followed for the recognition of Conformity Assessment Bodies designated by the Community.
(3) This has led to a situation where Conformity Assessment Bodies designated, or to be designated, by the Member State Designating Authorities cannot be assessed, monitored and recognised as envisaged by the Agreement.
(4) As a consequence, the Community has lost market access with regard to conformity assessment for its products covered by the Sectoral Annex for Electrical Safety.
(5) It is also considered that the United States has failed to maintain legal and regulatory authorities capable of implementing the provisions of the Sectoral Annex for Electrical Safety, in particular as it relates to the reliance of the Occupational Safety and Health Administration on the on-site assessment carried out by Member State Designating Authorities of the Conformity Assessment Bodies located on their territory.
(6) The Community and the United States have held, in accordance with the third sentence of Article 2 of the Agreement, numerous consultations without leading to a satisfactory solution.
(7) The Commission will continue consultations with the United States under the Agreement, with a view to ensuring that the Sectoral Annex for Electrical Safety can be implemented in accordance with its provisions,