Agreement in the form of an exchange of letters between the European Community and the Republic of Poland regarding a Protocol on a European Conformity Assessment Agreement
25. 8. 98 EN Official Journal of the European Communities L 237/9 AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS between the European Community and the Republic of Poland regarding a Protocol on a European Conformity Assessment Agreement A. Letter from the Community Brussels, 30 July 1998. Sir, I have the honour to refer to the consultations which took place on 6 and 7 February 1997 between the European Community and the Republic of Poland concerning the Protocol on a European Conformity Assessment Agreement. I confirm the agreement of the European Community on this Protocol, which is attached to this letter and which forms part of this letter. I should be obliged if you would confirm the agreement of the Republic of Poland to the foregoing. This Agreement shall enter into force on the day on which your letter of confirmation is received. Please accept, Sir, the assurance of my highest consideration. On behalf of the Council of the European Union L 237/10 EN Official Journal of the European Communities 25. 8. 98 B. Letter from the Republic of Poland Brussels, 30 July 1998. Sir, I have the honour to acknowledge receipt of your letter of today’s date which reads as follows: ‘I have the honour to refer to the consultations which took place on 6 and 7 February 1997 between the European Community and the Republic of Poland concerning the Protocol on a European Conformity Assessment Agreement. I confirm the agreement of the European Community on this Protocol, which is attached to this letter and which forms part of this letter. I should be obliged if you would confirm the agreement of the Republic of Poland to the foregoing. This Agreement shall enter into force on the day on which your letter of confirmation is received. ' I am able to confirm that the Republic of Poland is in agreement with the contents of this letter. Please accept, Sir, the assurance of my highest consideration. On behalf of the Republic of Poland 25. 8. 98 EN Official Journal of the European Communities L 237/11 PROTOCOL ON A EUROPEAN CONFORMITY ASSESSMENT AGREEMENT 1. In the framework of the Europe Agreement and, in particular, of Articles 68, 69, 70 and 74 thereof, the declared objective of Poland is ultimately to apply the European Community standards and certification system. 2. To this end, the cooperation between Poland and the European Community will help Poland to adopt the principles applied by the European Community in the field of standards and conformity assessment in its own legislation and rules. 3. To achieve this, as well as for the realisation of this protocol, the European Commission and Poland will act on an agreed plan and time schedule along the following lines: (a) The European Community will provide Poland with: ü the necessary information and communication procedures, ü technical advice and training as required and consultation. The Community will study the possibility of upgrading the capacities of the Polish laboratories and certification bodies and will supply technical support to this end, including special equipment. It is understood that technical and financial assistance will be provided in particular by the Phare programme, within the limits of available resources. Such assistance shall be implemented through the list of actions and programmes, with priorities indicated, specified in Annex I. This list will be re-examined regularly and adapted as necessary. The objective of this assistance is to help Poland progressively to transpose Community legislation into the Polish legal system. (b) The Parties decided that following an assessment of the technical competencies of the Polish Conformity Assessment Bodies (CABs) and testing laboratories, a European Conformity Assessment Agreement (ECAA) with sectoral annexes will be completed as a framework agreement. Both Parties declare their willingness to achieve positive results for such an agreement in 1997. For this purpose both Parties will proceed as follows: (b1) Poland will specify in written form the CABs, including the categories of products for which they are competent, to be assessed. (b2) In the first half of 1997, the first three Polish CABs will be assessed by the relevant European Community (EC) experts at the expense of the European Community. Poland will specify those three CABs before the end of March 1997. The negotiations on an ECAA-framework shall start not later than one month after a positive evaluation of one of these CABs. An evaluation will be deemed positive whenever a Polish CAB fulfils the requirements established by the Community Directives covering its area of competence. (b3) Other CABs appearing on the list supplied by the Polish authorities will also be assessed by the relevant EC experts at the expense of the European Community. Thereafter, EC experts will conclude their evaluation and produce a report within three months. L 237/12 EN Official Journal of the European Communities 25. 8. 98 (b4) For those other CABs for which the evaluation is positive, negotiations on the sectoral annexes of the framework shall start not later than one month after the evaluation. An evaluation will be deemed positive whenever a Polish CAB fulfils the requirements established by the Community Directives covering its area of competence. (b5) During the ECAA-negotiations, either on the framework agreement in relation to the first CABs or on the subsequent sectoral annexes of this agreement, the EC experts shall assess the level of approximation of Polish legislation to the relevant Community legislation covering the scope of competence of the given CAB. Negotiations will be concluded once the relevant Community legislation covering the area of competence of the CABs has been implemented. (b6) The objective is to conclude negotiations on the ECAA for a first number of sectors before the end of 1997. The ECAA will enter into force as soon as the internal procedures on both sides are completed including its publication in the Official Journals of both parties. (b7) After the conclusion of a sectoral annex to the ECAA, the Polish CAB shall be designated by the Polish authorities and accordingly published in the Official Journal of the European Communities. Thereafter, the products certified and tested in accordance with the relevant Community Directives by this corresponding Polish CAB will be automatically accepted in the European Community as well as in Poland without any additional procedures. (c) Poland declares its intention to introduce the relevant Community Directives into its national legal system as indicated in Annex II. 4. Poland will effect all necessary changes to achieve an EC-compatible certification system through new legislation to be submitted by the government to Parliament before the end of 1997. 5. In the context of the technical support of the European Community and the recognition of Polish CABs, during the interim period until this legislation enters into force: (a) For products originating in the European Community which are subject to mandatory third party certification in the European Community, Poland will examine, with a view to their identification, testing reports and certification documents produced by notified bodies in the European Community. Once the documents issued by such bodies have been checked, Community products will be automatically given a B-safety certificate by the Polish CABs at the latest within three weeks after presentation of the relevant documents to the Polish CABs. The cost of this procedure will be limited to normal administrative costs (1). to Parliament, before the end of May 1997, a proposal (b) For products originating in the European Community which are subject to declaration of conformity by the manufacturer in the European Community, the Polish Government will present the necessary admendments to the law on testing and certification with a view to its early adoption under the accelerated procedure. This proposal will allow for the acceptance in Poland of EC declaration of conformity of producers in the European Community. As soon as these amendments are adopted, such products will be automatically given a B-safety certificate (2) by the Polish authorities. The cost of this procedure is understood to be limited to normal administrative costs (1). For products originating in Poland which are subject to declaration of conformity by the manufacturer in accordance with Community Directives, is confirmed that such products will continue to be accepted in the Community. for it (1) The administrative costs comprise only those defined in the price list of the certification body and amount on average to not more than 10 % of the price of the whole certification procedure. (2) Or equivalent document as specified by the amended law on testing and certification. 25. 8. 98 EN Official Journal of the European Communities L 237/13 (c) For products originating in the European Community which are not subject to any regulation or certification procedures in the European Community but which are subject to mandatory certification in Poland, the Polish Party undertakes to eliminate from the list of products subject to mandatory certification in Poland (as specified in Annex III): ü a first group of products, consisting of more than half of the aforementioned products, before the end of March 1997, ü the remaining products by the end of 1997. The products concerned have been specified by the European Community in Annex III. The Polish Party will inform the European Community of the products removed from certification requirements after each reduction. (d) In accordance with the provisions established above, to compulsory third party certification in the European Community, the Community authorities will accept the EC certificates issued by the Polish CABs designated by the Polish authorities, under the ECAA after the signature of this agreement by Poland and the European Community, once the Polish conformity assessment bodies are deemed to be competent. for those products subject (e) Nevertheless, complaints from citizens, public entities or enterprises on the safety and quality of marketed or certified products originating in the European Community exported to Poland will be received by the Polish authorities, and may be notified to the European Commission together with all relevant the parties shall immediately enter into consultations in order to find mutually acceptable solutions. information. In such cases, 6. In order to ensure an effective implementation of this agreement and an appropriate harmonisation of the Polish conformity assessment system with the Community standards, both parties will intensify their cooperation, in particular with a view to encourage Poland’s participation in the work of specialised organisations (CEN, Cenelec, ETSI, EOTC, EAL, EAC). 7. Both parties will meet on a half-yearly basis in order to review the progress made in the implementation of the above provisions. These meetings will provide for an opportunity to raise problems encountered in the trade flows between both sides and to ask for clarification concerning them. 8. Poland undertakes to adopt the appropriate legal provisions for the continuation of the non-application of sanctions. 9. Both parties agree to formalise this document through an exchange of letters. L 237/14 EN Official Journal of the European Communities 25. 8. 98 PRIORITY ACTIONS FOR REALISATION WITHIN THE PHARE PROGRAMME (ANNEXES) ANNEX I Action Number Topic Date Objective 1 2 3 4 5 6 Analysis of the European certifica- tion in regulatory area (study tours) January, February, March 1997 Obtaining necessary information for work on the revision of the Act on testing and certification Training in the field of the ‘New Approach' Directives Training in Community Directives implementation Training for exports of certification bodies (could be designated bodies) in the field of requirements of the ‘New Approach' Directives Training for laboratory staff in the field of test performance for con- formity to the requirements of the ‘New Approach' Directives Training for manufacturers/industry federations for the implementation of quality assurance system 1997 1997 1997 1997 Training employees of administration, industry and certification bodies Training experts (content and imple- mentation of Directives) Detailed familiarisation of employees of certification bodies with the re- quirements of Directives and their observance Familiarisation of em- ployees with the tasks of laboratories designated for defined Directives laboratory 1997 Familiarisation of manufacturers with ISO 9000 25. 8. 98 EN Official Journal of the European Communities L 237/15 ANNEX II Directive Number Title Decision needed Scheduled date of implementation 87/404/EEC Simple pressure vessels Ministry of Economy 88/378/EEC Safety of toys Ministry of Economy 1997 1998 89/106/EEC Construction products Ministry of Economy Partially implemented 89/336/EEC Electromagnetic compatibility Ministry of Posts and Telecom- munication 89/686/EEC Personal protective equipment Ministry of Economy 89/392/EEC Machinery Ministry of Economy 1997 1997 1997 90/384/EEC Non-automatic weighing in- struments 85/384/EEC Non-automatic weighing in- struments Central Office of Measures Fully implemented Central Office of Measures Fully implemented 90/385/EEC Active devices implantable medical Ministry of Health and Social Welfare 90/396/EEC Appliances fuel burning gaseous Ministry of Economy 91/263/EEC Telecom terminal equipment Ministry of Posts and Telecom- munication 92/42/EEC New hot water boilers Ministry of Economy 93/15/EEC Explosives for civil uses Ministry of Economy 93/42/EEC Medical devices Ministry of Health and Social Welfare 93/68/EEC Low voltage Ministry of Economy 94/9/EC Equipment systems potentially spheres and protective intended for use in atmo- explosive Ministry of Economy 94/25/EC Recreational boats State sport and tourism admin- istration 85/374/EEC Liability for defective products Ministry of Justice 92/59/EEC General safety of products Ministry of Economy New law on testing and certifi- cation Ministry of Economy 92/59/EEC Lifts Ministry of Economy 1998 1998 1998 1998 2003 1998 1997 2003 2000 1997 1997 1998 1999 L 237/16 EN Official Journal of the European Communities 25. 8. 98 ANNEX III 04 ü Ferrous metallurgy products 0454-1 Bars and medium profiles ü hot rolled (except of those for concrete reinforcement, for bearing, suspension springs and motor car construc- tion). SIMPTEST 0454-13 Medium profiles (profiles for wheel bands) 0454-15 Medium bars and profiles: ü for rolling bearing ü for suspension spring ü for motor car construction 0455-1 Thin bars and profiles for concrete reinforcement Thin and superthin bars and profiles: ü for rolling bearings ü for suspension springs ü for motor car constructions ZETOM ZETOM SIMPTEST ZETOM Bars, thin and superthin profiles hot rolled and wire rod (except of these for concrete reinforcement, bearings, car constructions and for chains and ropes) ZETOM Wire rod: ü for chairs and ropes ü for rolling bearings ü for car construction ZETOM Universal mill plates and hot rolled sheets SIMPTEST Steel seamless tubes pull broached and non-pull broached except those for constructions and for heat and gas engineering SIMPTEST Tubes seamed non-pull broached (except conduits used in gas engineering and in heat engineering) those for constructions for SIMPTEST 0455-15 -25 0455-1 -2 -4 0455-4 0457-1 -2 -3 -4 0461 0462-4 -5 -6 0471-23 Cold rolled sheet (for motorisation industry) 0476-15 -18 -28 Bars drawn, bright ground bars polished 0477-15 Turned bars (for rolling bearings) 0478-2 Steel drawn wires for the tyres 0479-1 -2 Roll formed shapes ZETOM ZETOM ZETOM ZETOM SIMPTEST 25. 8. 98 EN Official Journal of the European Communities L 237/17 0483-1 -2 -3 -4 -5 Die forgings ü for motorisation (specially for suspension system of the wheels, towing hooks, steering systems and braking system): ü for building engineering, scaffolding constructions, and for related SIMPTEST transport devices (without powering) ü for mining, for construction related to transport and vertical commun- ication, for suspension systems and for power engineering ZETOM ZETOM ZETOM 05 ü Products of non ferrous metals industry 0533-1 Founding aluminium alloys (for motorisation) 0533-2 Founding zinc alloys (for motorisation) 0542-11 0542-12 Sintered bearings from non-ferrous metal powder (for motorisation, railway systems and other systems of traction) Sintered bearings from iron powder (for motorisation, railway system and other systems of traction) ZETOM 0551-33 Bass strips (for motorisation) 0552-15 Aluminium alloy wire rod (for cables) 0561-32 Brass bars 0562-22 Aluminium alloys bars ZETOM ZETOM ZETOM ZETOM 06 ü Metal industry products 0611-1 Grey iron casting: ü for motorisation industry for suspension system, steering system, SIMPTEST braking system, distribution shaft and crankshaft, ü for agricultural machines, ü for machine industry (beds, stands, slides fixed head stacks) 0611-2 Malleable iron casting for motorisation industry and for agricultural machines SIMPTEST 0631-0635 Rolling bearings for motor-cars ZETOM 0638 Slide bearings (for combustion motors used in motor cars and tractors) ZETOM 0644-12 Pics, tampers, etc. SIMPTEST 0652-72 Suspension spring for wheeled vehicles (motor, cars and trailers) PIMOT 0653 Screws of mechanical properties better than 8,8 and nuts of mechanical properties 5 (for motor cars and trailers) including screws and nuts for fixing the wheels, special screws to protect the wheels against thieves PIMOT L 237/18 EN Official Journal of the European Communities 25. 8. 98 0655-112 Round assembled cans for processed vegetables and fruit COBRO 0655-511 Heavy steel sheet barrels with rings to be rolled (for transport purposes) COBRO 0655-526 Steel sheet barrels for pigments 0655-542 Tinned steel sheet round-shaped containers COBRO COBRO 0655-551 Tinned steel watering cans with valve head closing and lever type closing COBRO COBRO PIMOT IGNIG 0655-565 Wire construction containers 0655-57 Metal canisters for gasoline 0655-9 0679-3 0679-3 0719-7 Wrapping and metal canisters not being the subject of technical surveil- lance, and elements for enclosures like: valve fittings for the connection with the bottle or the container for liquid gas Assemblies and parts of mechanical home appliances electrically powered with the voltage higher than safe (excluding luminary equipment, programmers and hydrostates) PCBC Assemblies and parts of mechanised home appliances electrically powered ü luminary equipment, programmers and hydrostates BBJ - SEP 07-08 ü Machines and devices Assemblies and parts for combustion piston engines: ü other exhaust silencers not covered by Rule No 59 ü air filters and filter cartridges ü fuel filters and their cartridges for spark ignition engines ü fuel filters for compression ignition engines and their cartridges PIMOT 0874-2 excluding 234 Devices for ventilators and air-conditioning powered with the voltage higher than safe (home use) PCBC 0875-71 Gear boxes ü general use (gear boxes for motor cars) 0875-72 Special gear boxes 0875-73 Driving axles for building engineering machines 0875-8 Clutches and clutch plates (for motor cars) 0876-11 Hydraulic pumps (not conventional hand operated) 0876-2 Hydraulic valves used in hydraulic systems 0876-3 Elements transforming energy of working liquid into a mechanical energy by means of hydraulic systems 0876-41 Hydraulic filters PIMOT PIMOT IMBIGS PIMOT IMBIGS IMBIGS IMBIGS IMBIGS 25. 8. 98 EN Official Journal of the European Communities L 237/19 10 ü Means of transport 1029-63 Completed drive shafts Cruciform articulated joints of drive shafts and axle shafts 1029-64 Completed driving axles and axle shafts 1029-65 Coolers 1029-66 Road wheels, wheel discs, wheel rings 1029-69 Other assemblies and parts of chassis: PIMOT PIMOT PIMOT PIMOT PIMOT Frontal suspension ü assemblies and elements and: ü stud axles, wheel hub, wheel arms, articulate joints and sleeves for steering knuckle axle beams, suspension arm joints ü suspension arm sleeves, pivots ü axles and suspension pins ü control rods, rods and articulated joints of antivoll bars Rear suspension elements ü suspension arms, axles and suspension arm joins, control rods Devices for steering system blockage (with these to be removed and taken off before driving) Motor car buffer (bracket bars, shells) according to Rule No 42 1029-99 Car mirrors according to Rule No 46 ITS 11 ü Products of electrical and electronics industry 1115-82 Terminal strips for low-switching station 1132-329 Devices providing safety for traffic: ü plates to indicate that vehicle is long and heavy ü plates to indicate that vehicle is slow ü plates to indicate that vehicle is carrying dangerous materials ü number plates (registration numbers) ü warning triangles according to Rule No 27 ü earthing devices for vehicles carrying dangerous materials ü road signs BBJ SEP ITS (ECE) 1134 Accumulators (car batteries) and primary batteries CLAiO 1135-1 Motor-car generators and electromagnetic and electronic regulations ITS 1135-33 Lights for bicycles 1135-6 Electric starters for motor car vehicles ITS PIMOT L 237/20 EN Official Journal of the European Communities 25. 8. 98 1135-7 1135-8 Electric ignition devices and electronic ignition devices for combustion motors including ignition coils, sparking plugs and time distributors PIMOT Electric and electronic accessories for motor car vehicles with combustion engines ITS 1- completed wipes including: ü mechanisms ü viper blanks 2- junction with seven connectors for trailers including: ü nests ü plugs 3- ignition cables (completed) 4- windscreen washer ü completed including: ü electric pumps ü washers 5- circuit breakers for direction indicator lamps 6- disconnecting switches for car batteries 7- contactors for reversing light and stop lights 8- emergency lights circuit breakers 9- wiper programmers 10- electromagnetic valves 11- fuses and fuse boxes 12- groups of wires 13- contact terminals for cables 14- ignition cut off with steering gear blockade 15- combined switches mounted on the steering columns 16- switches 17- connectors for motorcyles and mopeds 1155-31 Picture tubes, black and white and colour PCBC 12-13 ü Chemical industry products 1231 Fertilisers 1244-98 Brake liquids 1244-98 Liquids used in cooling system of combustion engines Detergents PCBC PCBC ITS PIMOT 1262-21 -22 Moulding compositions (phenole) with special dielectric properties ZETOM 1262-62 Melamine moulding composition with dielectric and special properties ZETOM 25. 8. 98 EN Official Journal of the European Communities L 237/21 1313-434 Phthaleine carbumide ground coat ü general purpose for stoving IPTiF 1313-463 Phthaleine carbumide enamels ü special, for stoving used in motorisation IPTiF 1315-2 Asphalt varnish modified products motor-car vehicles, e. g. type Cylbokar, Hydrobit D-2) (for anti-corrosive protection of IPTiF 1316-221 Phthalein modified paints based on water dilated resins for ground coating in motorisation IPTiF 1316-222 Polyester modified paints based on water diluted resins (used in motorisa- tion) IPTiF 1317 Products for air drying varnish, mastic gum, etc. , used to protect chassis and closed surfaces of motor-car vehicles against corrosion IPTiF 1338-21 -22 Cylinder head packing and exhaust pipe packing (for combustion engines of motor-car vehicles) PIMOT 1361-262 Polystyrene sheeting for thermal forming for mechanical wrapping of food products IPTiF 1361-41 PVC hoses: ü for petrol and oils ü for compressed air and gases ü for crop protection products ü for automatic wash machines (except for motorisation) ZETOM 1361-41 PVC hoses (fuel hoses for motorisation) PIMOT 1361-554 Finishing presswork from plastified PVC (packing for refrigerations) ZETOM 1362-5 Plastic detailes for means of transport: ü brake master cyclinder coupling ü motor-car buffers ü brake fluid supply tanks and tanks for coupling fluid ü steering wheels for motor cars ZETOM 1362-6 Plastic details for automatic washing machines ZETOM 1362-6 Plastic details for machines (except for washing machines) IPTiF 1363-15 Pipes of polyamide type 11 or 12 for pneumatic brake system PIMOT 1364-121 Plastic barrels for food products 1364-13 Plastic drums 1364-141 Plastic boxes (cleated) COBRO COBRO COBRO L 237/22 EN Official Journal of the European Communities 25. 8. 98 1364-16 Plastic canisters for gasoline 1364-17 Plastic boxes (non cleated) 1369-21 Insulating tapes and cambric (impregnated) PIMOT COBRO ZETOM 1371-61 -62 -63 -64 Inner tubes for motor-car vehicles, tractors and other vehicles used in agriculture ZETOM 1371-65 Inner tubes for motorcycles and scooters 1371-1 Inner tubes and tyres for bicycles and mopeds 1373-1 1373-111 1373-153 1373-5 Seals cut out, formed, etc. , products (except for motorisation): ü for brakes used in railway ü for gas system devices ü for automatic washing machines Rubber packing rings: ü rubber packing rings for brakes and clutches ü rubber guards for brakes and clutches Suspensions, clutches, bearings, bumping blocks made of rubber: ü rubber-metal suspension of steering system and for sleeves for motor-car vehicle suspension ü rubber-metal elements for power transmitting, suspension of the vehicle and suspension of the steering systems Rubbers hoses (without those used in motorisation): ü for water and steam ü for gasoline and oils ü for compressed air and gases ü for crop protection products ü for automatic washing machines ü high-pressure hoses for hydraulic devices 1373-5 Rubber hoses (without these used in medicine): ü rubber hoses for gasoline ü elastic hoses for pneumatic brakes 1373-84 Ebonite blocks and covers for car batteries 1373-99 Other industrial rubber products: ü rubber for wipers 1374-1 Conveyer rubber belts (non-flammable) 1374-31 V belts (rubber) closed loop and with free ends 1376-41 Rubber injectors 1462-11 Silicate cotton and product of silicate cotton ZETOM ZETOM ZETOM PIMOT PIMOT ZETOM PIMOT ZETOM PIMOT ZETOM ZETOM PCBC PCBC 25. 8. 98 EN Official Journal of the European Communities L 237/23 17-18 ü Wood works industry products and paper industry products 1722-1 Chipboards (pressed) for furniture 1814-42 Electrical insulating paper 1814-442 Body paper to be saturated with paraffin 1814-457 Body paper for laminating ZETOM ZETOM COBRO COBRO COBRO 1822-11 1822-13 1822-34 1823-241 -242 1825 Cardboard boxes with surprint and without surprint used to pack food products (made of corrugated board) Cardboard boxes with surprint and without surprint for food products and cosmetics and for household chemistry products COBRO Self opening square bags with one and two handles for packing of loose food products COBRO Cyclinder head packing and exhaust pipe packing (combustion engines for motor-car vehicles) PIMOT Paper products used in schools: ü exercise books and copy books ü blocks of paper for drawing OBRPPNiSS