2006/873/EC: Council Decision of 20 November 2006 on the conclusion of a Protocol 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, on Conformity Assessment and Acceptance of Industrial Products (PECA)

• Articles: 3

Article 1

The Protocol 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, on Conformity Assessment and Acceptance of Industrial Products (PECA) (hereinafter referred to as the Protocol), and the Declaration thereto, are hereby approved on behalf of the European Community.

The text of the Protocol and of the Declaration thereto is attached to this Decision  ( 3 ) .

Article 2

The President of the Council shall, on behalf of the Community, transmit the diplomatic note provided for in Article 17 of the Protocol  ( 4 ) as regards the entry into force of the Protocol.

Article 3

1.   The Commission, after consultation with a special committee appointed by the Council, shall:

(a)

carry into effect the notifications, acknowledgements, suspensions and withdrawals of bodies, and appointments of a joint team or teams of experts, in accordance with Articles 10, 11 and 14(c) of the Protocol;

(b)

bring about the consultations, exchange of information, the requests for verifications and for participation in verifications, in accordance with Articles 3, 11, 12 and 14(d) and (e), and Sections III and IV of the Annexes to the Protocol;

(c)

if necessary, reply to requests in accordance with Article 11, Sections III and IV of the Annexes to the Protocol.

2.   Following consultation of the special committee referred to in paragraph 1, the Commission shall determine the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, with regard to:

(a)

amendments to the Annexes in accordance with Article 14(a) of the Protocol;

(b)

addition of new Annexes in accordance with Article 14(b) of the Protocol;

(c)

any decisions regarding disagreements on the results of the verifications and the suspensions, in part or totally, of any notified body in accordance with the second and third subparagraphs of Article 11 of the Protocol;

(d)

any measures taken in the application of the safeguard clauses in Section IV of the Annexes of the Protocol;

(e)

any measures concerning the verification, suspension, or withdrawal of industrial products as having mutual acceptance under Article 4 of the Protocol.

3.   In all other cases the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, with regard to this Protocol shall be determined by the Council, acting by qualified majority on a proposal from the Commission.