PECAs

1. PECAs David Eardley DG Enterprise and Industry European Commission Tel: 032 (2) 296 5446 Email: david.eardley@cec.eu.int

2. 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

3. 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

4. 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

5. 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.

6. 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

7. Progress with the EC-Romania PECA • In discussion between the Commission and the Romanian Government • Sectors included – PED only • Initialling expected soon

8. 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)

9. 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

10. 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”

11. 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

12. Part II: The PECA in operation

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

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

20. 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

21. 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

22. 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.

23. Thank you for your attention I would be pleased to take any questions that you may have.