Uredba o ratifikaciji Sporazuma o ugotavljanju...

80. Uredba o ratifikaciji Sporazuma o ugotavljanju skladnosti in prevzemanju industrijskih izdelkov med Republiko Slovenijo in Republiko Islandijo, Kneževino Lihtenštajn in Kraljevino Norveško

Na podlagi petega odstavka 75. člena Zakona o zunanjih zadevah (Uradni list RS, št. 45/01 in 78/03) izdaja Vlada Republike Slovenije

U R E D B O O RATIFIKACIJI SPORAZUMA O UGOTAVLJANJU SKLADNOSTI IN PREVZEMANJU INDUSTRIJSKIH IZDELKOV MED REPUBLIKO SLOVENIJO IN REPUBLIKO ISLANDIJO, KNEŽEVINO LIHTENŠTAJN IN KRALJEVINO NORVEŠKO

1. člen

Ratificira se Sporazum o ugotavljanju skladnosti in prevzemanju industrijskih izdelkov med Republiko Slovenijo in Republiko Islandijo, Kneževino Lihtenštajn in Kraljevino Norveško, podpisan v Bruslju 30. januarja 2003.

2. člen

Besedilo sporazuma se v izvirniku v angleškem jeziku in v slovenskem jeziku glasi:

A G R E E M E N T ON CONFORMITY ASSESSMENT AND ACCEPTANCE OF INDUSTRIAL PRODUCTS BETWEEN THE REPUBLIC OF SLOVENIA AND THE REPUBLIC OF ICELAND, THE PRINCIPALITY OF LIECHTENSTEIN AND THE KINGDOM OF NORWAY

THE REPUBLIC OF SLOVENIA, hereinafter referred to as Slovenia, on the one hand, and the REPUBLIC OF ICELAND, the PRINCIPALITY OF LIECHTENSTEIN, and the KINGDOM OF NORWAY, hereinafter when referred to collectively, to be known as the EEA EFTA States, on the other,

TOGETHER hereinafter referred to as the “Parties”,

CONSIDERING the close ties that exist between Slovenia and the EEA EFTA States, in particular through the Free Trade Agreement between the EFTA States and the Republic of Slovenia,

CONSIDERING the close relationship between the European Community and the EEA EFTA States through the Agreement on the European Economic Area, hereinafter referred to as the “EEA Agreement”, signed on 2 May 1992, and that the EEA EFTA States are integrated into the Internal Market and thereby adopt and implement Community legislation,

WHEREAS Slovenia has applied for membership of the European Union and such membership implies the effective implementation of the acquis of the European Community,

WHEREAS it is appropriate to conclude this Agreement on Conformity Assessment and Acceptance of Industrial products between Slovenia and the EEA EFTA States, hereinafter referred to as the “Agreement”, equivalent to the Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and Slovenia, of the other part, on Conformity Assessment and Acceptance of Industrial Products, hereinafter referred to as the “PECA”,

CONSIDERING that, in the sectors covered by this Agreement the Slovenian national law substantially takes over the Community law also incorporated into the EEA Agreement,

CONSIDERING their shared commitment to the principles of free movement of goods and to promoting product quality, so as to ensure the health and safety of their citizens and the protection of the environment,

DESIRING to conclude this Agreement providing for the application of the mutual acceptance of industrial products, which fulfil the requirements to be lawfully placed on the market in one of the Parties and of the mutual recognition of the results of conformity assessment of industrial products, which are subject to EEA legislation or Slovenian national law,

BEARING IN MIND that the relations with regard to conformity assessment between the EEA EFTA States are governed by the EEA Agreement,

BEARING IN MIND their status as Contracting Parties to the Agreement establishing the World Trade Organisation and conscious in particular of their obligations under the World Trade Organisation Agreement on Technical Barriers to Trade,

HAVE AGREED AS follows:

Article 1

Purpose

1.

The purpose of this Agreement is to facilitate the elimination by Slovenia, on the one hand, and the individual EEA EFTA States, on the other, of technical barriers to trade in respect of industrial products. The means to this end is the progressive adoption and implementation by Slovenia of national law, which is equivalent to Community law also incorporated into the EEA Agreement.

2.

This Agreement provides for:

a)

The mutual acceptance of industrial products, listed in the annexes on mutual acceptance of industrial products, which fulfil the requirements to be lawfully placed on the market in one of the Parties;

b)

The mutual recognition of the results of conformity assessment of industrial products subject to EEA legislation and to the equivalent Slovenian national law, both listed in the annexes on mutual recognition of results of conformity assessment.

Article 2

Definitions

For the purpose of this Agreement,

“EEA EFTA States” means those members of the European Free Trade Association that are Parties to the EEA Agreement, i.e. Iceland, Liechtenstein and Norway.

“Industrial products” means products, as specified in Article 2(*1) of 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 Slovenia, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA).

“EEA legislation” means any legal act and implementing practice of the European Community, as incorporated into the EEA Agreement and subsequently amended by decisions of the EEA Joint Committee, applicable to a particular situation, risk or category of industrial products.

“Slovenian national law” means any legal act and implementing practice by which Slovenia takes over the Community law applicable to a particular situation, risk or category of industrial products.

“Joint Committee” means the Joint Committee established under Article 13 of this Agreement.

The terms used in this Agreement shall have the meaning given in EEA legislation and the Slovenian 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 Parties, 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 a means of arbitrary discrimination or a disguised restriction on trade between the Parties.

Article 4

Mutual Recognition of the results of conformity assessment procedures

The Parties agree to recognize the results of conformity assessment procedures carried out in accordance with EEA legislation or Slovenian 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 that conformity.

Article 5

Safeguard clause

Where a Party finds that an industrial product placed on its territory by virtue of the present Agreement, and used in accordance with its intended use, may compromise 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 procedure to be applied in such cases.

Article 6

Extension of Coverage

As Slovenia adopts and implements further national law taking over Community law, also incorporated into the EEA Agreement, the Parties may amend the annexes or conclude new ones, 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

Obligation of Parties as regards their authorities and bodies

1.

The Parties shall ensure that authorities under their jurisdiction, which are responsible for the effective implementation of EEA legislation and Slovenian national law shall continuously apply it. Further, they shall ensure that these authorities are able, where appropriate, to notify, suspend, remove suspension and withdraw notification of bodies, to ensure the conformity of industrial products with EEA legislation or Slovenian national law or to require their withdrawal from the market.

2.

The Parties shall ensure that bodies, notified under their respective jurisdiction to assess conformity in relation to requirements of EEA legislation or Slovenian national law specified in the annexes, continuously comply with the requirements of Community or national law. Further, they shall take all necessary steps to ensure that these bodies maintain the necessary competence to carry out the tasks for which they are notified.

3.

The Parties may only notify bodies notified under the PECA and EEA Agreement respectively.

Article 9

Notified bodies

1.

Initially, the bodies notified for the purpose of this Agreement shall be those included in the lists, which Slovenia and the EEA EFTA States have exchanged before the completion of the procedures for entry into force.

2.

Afterwards, the following procedure shall apply for the notification of bodies to assess conformity in relation to the requirements of EEA legislation or Slovenian national law specified in the annexes:

a)

A Party shall forward its notification to the other Parties in writing.

b)

On the acknowledgement of the other Parties, given in writing, the body will be considered as notified and as competent to assess conformity in relation to the requirements specified in the annexes from that date.

3.

If a Party decides to withdraw a notified body under its jurisdiction, it shall inform the other Parties in writing. The body will cease to assess conformity in relation to the requirements specified in the annexes from the date of its withdrawal at the latest. Nevertheless, conformity assessment carried out before that date shall remain valid, unless otherwise decided by the Joint Committee.

Article 10

Verification of notified bodies

1.

Each Party may request the other Parties to verify the technical competence and compliance of a notified body under its jurisdiction. Such request will be justified in order to allow the Party responsible for the notification to carry out the requested verification and report speedily to the other Parties. The Parties may also jointly examine the body, with the participation of the relevant authorities. To this end, the Parties shall ensure the full co-operation of bodies under their jurisdiction. The Parties shall take all appropriate steps, and use whatever available means may be necessary, with a view to resolving any problems which are detected.

2.

If the problems cannot be resolved to the satisfaction of the Parties, they may notify the chair of the Joint Committee of their dissent, giving their reasons. The Joint Committee may decide on appropriate action.

3.

Unless and until decided otherwise by the Joint Committee, the notification of the body and the recognition of its competence to assess conformity in relation to the requirements of EEA legislation or Slovenian national law specified in the annexes shall be suspended in part or totally from the date on which the disagreement of the Parties has been notified to the Chair of the Joint Committee.

Article 11

Exchange of information and Co-operation

1.

In order to ensure a correct and uniform application and interpretation of this Agreement, the Parties, their authorities and their notified bodies shall:

a)

Exchange all relevant information concerning implementation of law and practice including, in particular, on procedure to ensure compliance of notified bodies.

b)

Take part, as appropriate, in the relevant mechanisms of information, co-ordination and other related activities of the Parties.

c)

Encourage their bodies to co-operate with a view to establishing mutual recognition arrangements in the voluntary sphere.

Article 12

Confidentiality

Representatives, experts and other agents of the Parties shall be required, even after their duties have ceased, not to disclose information acquired under this Agreement, which is of the kind covered by the obligation of professional secrecy. This information may not be used for purposes other than those envisaged by this Agreement.

Article 13

Joint Committee

1.

A Joint Committee consisting of the representatives of the Parties is hereby established. It shall be responsible for the effective functioning of the Agreement and shall meet whenever deemed necessary by one of the Parties.

2.

The Joint Committee shall take its decisions and adopt its recommendations by consensus.

3.

The Joint Committee shall determine its own rules of procedure, which shall contain, inter alia, provisions on the convening of meetings, the appointment of the Chair and the Chair’s term of office. It may decide to delegate specific tasks to Joint Sectoral Groups referred to in point 6 below.

4.

The Joint Committee may consider any matter related to the operation of this Agreement. In particular, it shall have the power to take decisions regarding: