Publication: Magyar Közlöny
Issue: MK-2004-30 (Year: 2004, Number: 30)
Era: 2004-2010
Section: 3. számú melléklet a 44/2004. (III. 16.) Korm. rendelethez
Paragraph Index: 810

(2) the mutual recognition of the results of conformity assessment of industrial products subject to national law equivalent to the law of the European Community, and both listed in the Annexes on mutual recognition of results of conformity assessment. Article 2 Definitions For the purpose of this Agreement, 2004/30. szám — „Industrial products” means products, as specified in Article 9 of the Europe Agreement between the Czech Republic on one side, and the European Communities and their Member States on the other side signed in Luxemburg on 4 October 1993 and in Protocol 3 thereto, and Article 8 of the Europe Agreement between the Republic of Hungary on one side, and the European Communities and their Member States on the other side signed in Brussels on 16 December 1991 and in Protocol 3 thereto, the provisions in both above mentioned Agreements being identical (hereinafter referred to as the „Europe Agreements”), — „Law of the European Community” means any legal act and implementing practice of the European Community applicable to a particular situation, risk or category of industrial products, — „National law” means any legal act and implementing practice by which a Party takes over the law of the European Community applicable to a particular situation, risk or category of industrial products, — „PECAs” shall mean collectively the Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, on Conformity Assessment and Acceptance of Industrial Products, signed in Brussels on 26 February 2001, and the Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, on Conformity Assessment and Acceptance of Industrial Products, signed in Brussels on 26 February 2001. The terms used in this Agreement shall have the meaning given in national law. Article 3 Mutual acceptance of industrial products The Parties agree that, for the purpose of mutual acceptance, industrial products listed in the Annexes on mutual acceptance of industrial products, which fulfil the requirements to be lawfully placed on the market of a Party, may be placed on the market of the other Party, without further restriction. This shall be without prejudice to prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of exhaustible national resources; the protection of national treasures of artistic, historic, or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute any means of arbitrary discrimination or a disguised restriction on trade between the States of the Parties. Article 4 Mutual recognition of the results of Conformity Assessment procedures The Parties agree to recognise the results of conformity assessment procedures carried out in accordance with the national law listed in the Annexes on mutual recognition of the results of conformity assessment. The Parties shall not require procedures to be repeated, nor shall they impose additional requirements, for the purposes of accepting the conformity. Article 5 Safeguard clause Where a Party finds that an industrial product placed on the market in the territory of its State by virtue of this Agreement, and used in accordance with its intended use, may endanger the safety or health of users or other persons, or any other legitimate concern protected by legislation identified in the Annexes, it may take appropriate measures to withdraw such a product from the market, to prohibit its placing on the market, putting into service or use, or to restrict its free movement. The Annexes shall provide for the procedures to be applied in such cases. Article 6 Extension of coverage The Parties may amend the Annexes or add new Annexes as the coverage of PECAs is extended, in accordance with the procedure laid down in Article 13. Article 7 Origin The provisions of this Agreement shall apply to industrial products irrespective of their origin. Article 8 Obligations of Parties as regards their authorities and bodies

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