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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

PECAs

David Eardley

DG Enterprise and Industry

European Commission

Tel: 032 (2) 296 5446

Email: david.eardley@cec.eu.int

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Legal and administrative basis

• PECA: Protocol to the Europe Agreement on Conformity Assessment

• Europe Agreement depends on Article 310 (formerly Article 238) of the EC Treaty allowing the Community to establish associations with one or more States or international organisations

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Europe Agreement EC-Bulgaria

• Approved by the Council December 1994

• Created an association between the Community and Bulgaria

• Ends at accession of Bulgaria - therefore the PECA ends then as well

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

The Europe Agreement and conformity assessment

• Article 75 of the EC-Bulgaria Agreement specifically includes co-operation on industrial standards and calls for mutual recognition agreements.

• Similar to those signed with all candidate countries – the agreement with Turkey is somewhat different

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

The purpose of the PECA • Establishes mutual recognition of product

certification on the basis of the acquis communautaire.

• Extends the benefits of the internal market to Bulgaria and ensures its effective operation before accession.

• Recognises the advances that Bulgaria has made in aligning legislation and practices.

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Progress with the EC-Bulgaria PECA

• In discussion between the Commission and the Bulgarian Government

• Sectors included – EMC, LVD, Machinery, Lifts, Gas Appliances, Toys

• Initialling expected soon

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Progress with the EC-Romania PECA

• In discussion between the Commission and the Romanian Government

• Sectors included – PED only

• Initialling expected soon

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

What other PECAs/ ACAAs are there?

• Former candidate countries: ended with their accession

• Bulgaria, Romania: under consideration• Turkey EU-Turkey Customs Union (1/95)• European Neighbourhood Policy (ENP)

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

The structure of the PECA

• A framework agreement establishes principles and procedures

• Sectoral annexes details the technical sectors selected according to the implementation of EC technical legislation by Bulgaria.

• Sectoral annexes are based on mutual recognition of conformity assessment

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

What will the EC-Bulgaria PECA

recognise? I• - Equivalence of the Bulgarian system with the EC– Technical regulations - Bulgarian regulations are aligned

with the EC

– Standardisation: in the relevant sectors the standards are aligned

– Certification - Bulgaria will designate “Notified Bodies”

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

What will the EC-Bulgaria PECA recognise? II– Laws on Standardisation and Conformity Assessment

– Standardization - Bulgarian Institute for Standardization (BIS) is an Affiliate of CEN and CENELEC

– Accreditation - Bulgarian Accreditation Service is a Member of European Accreditation

– Metrology

– Market surveillance

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Part II: The PECA in operation

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

The principle

• Bulgaria will participate fully in the Community internal market in these products once the PECA comes into force

• Rules for market access are exactly the same

• Other sectors may be added before accession

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

The PECA in practice• Allows exporters in the Community and

Bulgaria to test and certify industrial products to harmonised requirements

• Then - access to both markets without further conformity assessment requirements.

• Requires recognition of conformity assessment bodies in the candidate countries

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

What will change for manufacturers in Bulgaria?

• Manufacturers in the PECA sectors will use the Bulgarian transpositions of the EC Directives for access to the Bulgarian market

• They can (and must) “CE mark” compliant products• This gives them immediate access to the EC market

as well - EC can use a “safeguard” clause if products do not comply

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

What will change for conformity assessment

bodies in Bulgaria?• CABs can apply to the Bulgarian government to become Notified Bodies

• Once accepted as such, they can carry out conformity assessment for products covered by the PECA for the Bulgarian and EC markets

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Transition to the internal market

• Differing Bulgarian regulations are withdrawn– Products are governed by Bulgarian law

transposing European law

• No new conflicting regulations or standards may be introduced– On the other hand, relevant new EC Directives or

standards must be transposed

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

What will change for economic players in the EC?

• Bulgarian law transposes EC law

• Bulgaria will be part of the EC internal market for products covered by the PECA

• Products covered by the PECA that are CE marked will have access to the Bulgarian market on the same terms

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Origin

• There is not expected to be a requirement as to origin. The EC-Bulgaria PECA will cover all applicable products irrespective of their origin

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Management of the PECA• Article 14: By the Association Council (may

delegate to Association Committee)• Responsibilities

– adding or amending Annexes– verifying competence of Notified Bodies if necessary– exchanging information– resolving questions on application of the PECA

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Safeguard clauses and related issues• Action by the Parties to ensure that non-

complying products are withdrawn from the market;

• Discussion in the Association Council (or Committee) to resolve the problem

• Potential for participation in EC Committees by Bulgarian representatives

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Conclusion

• The PECA will extend the single market to Bulgaria in the sectors in which it operates.

• It will demonstrate confidence in the Bulgarian system.

• It will recognise the progress made by Bulgaria in adopting the acquis.

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ENTERPRISE AND INDUSTRY DIRECTORATE GENERAL

European Commission

Thank you for your attention

I would be pleased to take any questions that you may have.