enterprise directorate general european commission unece workshop on eu enlargement: regulatory...

Enterprise Directorate General

European Commission

UNECE Workshop on EU Enlargement:

Regulatory Convergence in the Non-acceding Countries

Athens, Greece, 7-8.11.2003

Evangelos Vardakas, DirectorSingle market, regulatory environment, standardisation

and New Approach, Enterprise Directorate-General

Evangelos Vardakas, UNECE Workshop, Athens 7-8.11.2003

2

Contents

1. Acceding and non-acceding countries

2. Types of regulatory co-operation

3. Types of legislation for industrial products in the EC

4. Regulatory alignment

5. Aims for regulatory convergence

6. PECAs

7. ACAAs

8. Conclusions


3


The present internal market The present 15 EC Member States and the EFTA countries

Iceland, Liechtenstein and Norway (EEA agreement)

The countries acceding on 1.5.2004: Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania,

Malta, Poland, Slovakia and Slovenia

The non-acceding country groups: the remaining three candidate countries:

Bulgaria, Romania and Turkey the Western Balkan countries: Albania, Bosnia-Herzegovina,

Croatia, FYROM and Serbia-Montenegro (Stabilisation and Association Agreements) cont.


4


The non-acceding country groups (cont.):

the Euro-Med countries: Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestinian National Authority, Syria, Tunisia (Euro-Mediterranean Association Agreements)

the CIS countries which are former Soviet Union countries (Partnership and Co-operation Agreements)

developed third countries: like Australia, Canada, USA, Switzerland (Mutual Recognition Agreements)

other third countries: like Latin American, Asian and African countries (different types of Foreign Trade Agreements)


5

2. Types of regulatory co-operation

Exchanging views on each others’ technical regulations, standards and conformity assessment

Discussions pursued in specific sectors to influence each party’s regulatory approach

Traditional MRAs (Mutual Recognition Agreements) without alignment of the relevant technical requirements

Enhanced MRAs based on equivalent or common requirements- based on equivalent rules (similar rules with the same objective)- based on “convergent rules” (same rules)- based on alignment with the community acquis (e.g. Protocols

to the Europe Agreement on Conformity Assessment and Acceptance of Industrial products (PECAs))


6

3. Types of legislation for industrial products in the EC

New and Global Approach directiveswith pre-market assessment of conformity with the directives and post-market surveillance of compliance by authorities. Possibility to use harmonised voluntary European standards that give presumption of conformity with the essential requirements in the applicable directives.

“Old Approach” directiveswith detailed technical specifications. Usually control of conformity by public authorities before putting the products on the market.

The voluntary sectorNot harmonised, national legislation applies


7

4. Regulatory alignment

The harmonised New and Old Approach EC legislation is taken over by the Member States. It is practically not possible to negotiate modifications proposed by third countries to it. Any modifications have to be agreed by all EC Member States

The use of equivalent or convergent rules in Agreements may in some special cases be possible but cannot be used as a general approach

Voluntary agreements in the private sector for example between conformity assessment bodies, industries etc. are used when feasible.


8

5. Aims for regulatory convergence

The candidate countries aim at PECAs and then EU membership (Turkey implements the customs union)

Many Western Balkan countries aim at approximation and implementation of EC legislation, Agreements on Conformity Assessment and Acceptance of Industrial Products (ACAAs) and ultimately EC membership

The Euro-Mediterranean Association Agreements aim, where appropriate, at approximation and implementation of EC legislation and ACAAs

In the Partnership and Co-operation Agreements approximation and implementation of existing and future legislation to that of the EC is foreseen. ACAAs may be considered

cont.


9

5. Aims for regulatory convergence, cont.

The traditional MRAs with developed third countries aim at simplifying the trade between these countries and the EC. As the technical requirements are not aligned between the partners the results of these agreements have not been significant.

The agreements with other third countries aim at understanding the EC regulatory approach and when feasible approximation with and implementation of applicable parts of the EC system


10

6. PECAs

PECA features• A PECA applies prior to accession to a specific candidate

country and specific product sectors

• Products in these sectors can move freely in the EC market and in the candidate country provided they fulfil all the EC requirements

• The sectors are usually New Approach sectors

• All applicable horizontal and sector legislation has to be transposed and fully implemented by the candidate country

• All EN standards applying to the sectors have to be adopted

• Market surveillance must be in operation, when applicable

• PECAs cease to exist after accession


11

6. PECAs, cont.

PECA agreements are in force with:

• Czech Republic (CZ)• Estonia (EE)• Hungary (HU)• Latvia (LV)• Lithuania (LT)• Slovakia (SK)• Slovenia (SLO)


12


13

6. PECAs, cont.

PECA sectors:

• Electrical safety (CZ, EE, HU, LT, LV, SK, SLO)• Electromagnetic compatibility (CZ, EE, HU, LT, LV, SK,

SLO)• Equipment for use in explosive atmospheres (CZ, SK)• Machinery (CZ, HU, LT, SK, SLO)• Lifts (CZ, EE, LT)• Personal protective equipment (CZ, LT, SK) • Gas appliances (CZ, HU, SLO)• Simple pressure vessels (CZ, LT)

cont.


14

6. PECAs, cont.

PECA sectors, cont.:

• Pressure equipment (CZ)• Medical devices (HU)• Active implantable medical devices (HU)• Good manufacturing practice for medicinal products

(CZ, HU)• Good laboratory practice for medicinal products (HU)• Construction products (LV)• Toys (EE, LV)


15

7. ACAAs

The ACAA is a PECA applied to non candidate neighbouring countries

It guarantees free movement of goods in the EC market and in the ACAA partner country in specific sectors

The conditions like specifying sectors, full transposition and implementation of the applicable EC legislation, full adoption of applicable standards and market surveillance are basically the same as for the PECAs

The ACAA procedures in the EC are presently being developed


16

8. Conclusions

The PECAs have been a useful tool for the candidate countries.

It is therefore intended to apply the similar new concept, the ACAA, to suitable neighbouring countries and start with a pilot country in each of the Western Balkan, EURO-MED and CIS areas.

The possibility of having regional ACAAs or using ACAAs for other than neighbouring countries will be investigated when experience from the pilot countries is available

enterprise directorate general european commission unece workshop on eu enlargement: regulatory...

Documents