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24.11.2006 |
EN |
Official Journal of the European Union |
L 325/22 |
DECISION No 1/2006
of 29 September 2006
of the Committee established under the Agreement on Mutual Recognition between the European Community and the Swiss Confederation on amending Chapter 11 of Annex 1
(2006/798/EC)
THE COMMITTEE,
Having regard to the Agreement between the European Community and the Swiss Confederation on Mutual Recognition in relation to Conformity Assessment (the Agreement) signed on 21 June 1999, and in particular Article 10(5) thereof,
Whereas the European Community has introduced a new Directive 2004/22/EC of the European Parliament and of the Council (1) relating to measuring instruments and Switzerland has amended its legislative, regulatory and administrative provisions in such a way that those provisions are deemed equivalent under Article 1(2) of the Agreement to the above mentioned European Community legislation;
Whereas chapter 11, Measuring instruments, of Annex 1 should be amended to reflect this development;
Whereas according to Article 10(5), the Committee may, on proposal from one of the Parties, modify Annex 1 to this Agreement,
HAS DECIDED AS FOLLOWS:
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1. |
Chapter 11, Measuring instruments of Annex 1 to the Agreement is amended in accordance with the provisions set out in Attachment A annexed to this Decision. |
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2. |
This Decision, done in duplicate, shall be signed by representatives of the Committee who are authorised to act on behalf of the Parties. This Decision shall be effective from the date of the later of these signatures. |
Signed in Bern, 29 September 2006.
On behalf of the Swiss Confederation
Heinz HERTIG
Signed in Brussels, 27 September 2006.
On behalf of the European Community
Andra KOKE
ANNEX
In Annex 1, Product Sectors, Chapter 11, Measuring instruments, the text should be deleted and replaced by the following:
‘SECTION I
Legislative, regulatory and administrative provisions
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Provisions covered by Article 1 paragraph 1 |
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European Community |
Council Directive of 12 October 1971 on the approximation of the laws of the Member States relating to the measuring of the standard mass per storage volume of grain (71/347/EEC) (OJ L 239, 25.10.1971, p. 1), as subsequently amended Council Directive of 12 October 1971 on the approximation of the laws of the Member States relating to the calibration of the tanks of vessels (71/349/EEC) (OJ L 239, 25.10.1971, p. 15), as subsequently amended Council Directive of 27 July 1976 on the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers (76/765/EEC) (OJ L 262, 27.9.1976, p. 143), as subsequently amended Council Directive of 26 May 1986 on the approximation of the laws of the Member States relating to tyre pressure gauges for motor vehicles (86/217/EEC) (OJ L 152, 6.6.1986, p. 48), as subsequently amended Council Directive of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain pre-packaged liquids (75/106/EEC) (OJ L 42, 15.2.1975, p. 1), as subsequently amended Council Directive of 19 December 1974 on the approximation of the laws of the Member States relating to bottles used as measuring containers (75/107/EEC) (OJ L 42, 15.2.1975, p. 14), as subsequently amended Council Directive of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain pre-packaged products (76/211/EEC) (OJ L 46, 21.2.1976, p. 1), as subsequently amended Council Directive of 15 January 1980 on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain pre-packaged products (80/232/EEC) (OJ L 51, 25.2.1980, p. 1), as subsequently amended |
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Switzerland |
Ordinance of 8 June 1998 concerning the measurement and declaration of quantities of goods in trade (RS 941.281), as subsequently amended Ordinance of 12 June 1998 on technical provisions concerning the declaration of quantities on industrial pre-packages (RS 941.281.1), as subsequently amended |
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Provisions covered by Article 1 paragraph 2 |
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European Community |
Council Directive of 31 March 2004 on measuring instruments (2004/22/EC) (OJ L 135, 30.4.2004) as subsequently amended Directive 1999/103/EC of the European Parliament and of the Council of 24 January 2000 amending Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement (OJ L 34, 9.2.2000, p. 17) Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (71/316/EEC), as last amended by Council Directive 88/665/EEC of 21 December 1988 (OJ L 382, 31.12.1988, p. 42) Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to 5 to 50 kilo medium accuracy rectangular bar weights and 1 to 10 kilo medium accuracy cylindrical weights (71/317/EEC) (OJ L 202, 6.9.1971, p. 14) Council Directive of 4 March 1974 on the approximation of the laws of the Member States relating to weights from 1 mg to 50 kg of above medium-accuracy (74/148/EEC) (OJ L 84, 28.3.1974, p. 3) Council Directive of 27 July 1976 on the approximation of the laws of the Member States relating to alcohol tables (76/766/EEC) (OJ L 262, 27.9.1976, p. 149) |
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Switzerland |
Federal Law of 9 June 1977 on metrology (RO 1977 2394), as last amended 18 June 1993 (RO 1993 3149) Ordinance of 23 November 1994 on units of measurement (RO 1994 3109) Ordinance of 15 February 2006 concerning measuring instruments (RO 2006 1453) Ordinance of the Federal Ministry of Justice and Police of 16 April 2004 on non-automatic weighing instruments (RO 2004 2093) Ordinance of the Federal Ministry of Justice and Police of 19 March 2006 on measuring instruments for length (RO 2006) Ordinance of the Federal Ministry of Justice and Police of 19 March 2006 on vessels for public use (RO 2006 1525) Ordinance of the Federal Ministry of Justice and Police of 19 March 2006 on measuring systems for liquids other than water (RO 2006 1533) Ordinance of the Federal Ministry of Justice and Police of 19 March 2006 on automatic weighing instruments (RO 2006 1545) Ordinance of the Federal Ministry of Justice and Police of 19 March 2006 on measuring instruments for thermal energy (RO 2006 1569) Ordinance of the Federal Ministry of Justice and Police of 19 March 2006 on measuring instruments for gas quantities (RO 2006 1591) Ordinance of the Federal Ministry of Justice and Police of 19 March 2006 on measuring instruments for exhaust gases of combustion engines (RO 2006 1599) Ordinance of the Federal Ministry of Justice and Police of 19 March 2006 on measuring instruments for the electrical energy and power (RO 2006 1613) Ordinance of 15 August 1986 on weights (RO 1986 2022), as last amended 21 November 1995 (RO 1995 5646) |
SECTION II
Conformity assessment bodies
The Committee established under Article 10 of this Agreement shall draw up and keep up to date, according to the procedure described in Article 11 of the Agreement, a list of the conformity assessment bodies.
SECTION III
Designating authorities
Provisions covered by Article 1 paragraph 1
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European Community: |
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Ministère des affaires économiques/Ministerie van Economische Zaken |
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National Agency for Enterprise and Housing |
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Ministry of Development, General Secretariat of Consumer |
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Ministerio de Fomento |
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Minister van Economische Zaken |
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Bundesministerium für Wirtschaft und Arbeit |
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Kauppa- ja teollisuusministeriö/Handels- och industriministeriet |
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Under the Government of Sweden:
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Department of Trade and Industry |
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Switzerland: |
Swiss Federal Office of Metrology (METAS) |
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Provisions covered by Article 1 paragraph 2
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European Community: |
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Ministère des affaires économiques/Ministerie van Economische Zaken |
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National Agency for Enterprise and Housing |
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Ministry of Development, General Secretariat of Consumer |
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Ministerio de Fomento |
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Minister van Economische Zaken |
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Bundesministerium für Wirtschaft und Arbeit |
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Kauppa- ja teollisuusministeriö/Handels- och industriministeriet |
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Under the Government of Sweden:
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Department of Trade and Industry |
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Switzerland: |
Swiss Federal Office of Metrology (METAS) |
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SECTION IV
Special rules relating to the designation of conformity assessment bodies
For the designation of conformity assessment bodies, designating authorities shall comply with the general principles contained in Annex 2 and those in Annex V to Directive 90/384/EEC and in Article 12 to Directive 2004/22/EC, as regards the products covered by those Directives.
SECTION V
Supplementary provisions
1. Information exchange
The conformity assessment bodies listed in section II shall periodically provide the Member States and the competent Swiss authorities with the information provided for in point 1.5 of Annex II to Directive 90/384/EEC.
The conformity assessment bodies listed in section II may request the information provided for in point 1.6 of Annex II to Directive 90/384/EEC.
2. Pre-packages
Switzerland shall recognise checks carried out in accordance with the provisions of Community legislation listed in section I by a Community body listed in section II in the case of Community pre-packages placed on the market in Switzerland.
As regards statistical checking of the quantities declared on pre-packages, the European Community shall recognise the Swiss method laid down in Articles 24 to 40 of the Ordinance on technical provisions concerning the declaration of quantities on industrial pre-packages (RS 941.281.1) as equivalent to the Community method laid down in Annex II of Directives 75/106/EEC and 76/211/EEC, as amended by Directive 78/891/EEC. Swiss producers whose pre-packages conform to Community legislation and have been checked according to the Swiss method shall affix the “e” mark on their products exported to the EC.
3. Marking
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3.1. |
For the purposes of this Agreement, the provisions of Directive 71/316/EEC shall be read with the following adaptations:
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3.2. |
By the way of derogation from Article 1 of this Agreement, the rules on marking for measuring instruments placed on the Swiss market are as follows:
The marking that must be affixed is the CE marking and supplementary metrology marking or the national sign of the EC Member State concerned as provided in the first indent of point 3.1 of Annex I and the first indent of point 3.1.1.1 of Annex II to Directive 71/316/EEC. |
4. Measuring instruments covered by Directive 2004/22/EC
4.1. Information exchange, market surveillance and administrative cooperation
In accordance with Article 18 of Directive 2004/22/EC, the competent authorities of the Member States and Switzerland shall assist each other in the fulfilment of their obligations to carry out market surveillance.
In particular, the competent authorities shall exchange:
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information concerning the extent to which instruments they examine comply with the provisions of Directive 2004/22/EC, and the results of such examinations, |
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EC-type examination and design examination certificates and their annexes issued by notified bodies as well as additions, amendments and withdrawals relating to certificates already issued, |
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quality system approvals issued by notified bodies, as well as information on quality systems refused or withdrawn, |
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evaluation reports established by notified bodies, when demanded by other authorities. |
The Member States and Switzerland shall ensure that all necessary information relating to the certificates and quality system approvals is made available to bodies they have notified.
Each Party shall inform the other Party which competent authorities it has designated for such an exchange of information.
4.2. Technical documentation and declaration of conformity
It shall be sufficient for manufacturers, their authorised representatives or the person responsible for placing products on the market to hold the technical documentation and declarations of conformity required by the national authorities for inspection purposes at their disposal in the territory of one of the Parties for a period of at least 10 years after the last date of manufacture of the product.
The Parties hereby undertake to forward all relevant documents at the request of the authorities of the other Party.’