2012/837/EU: Council Decision of 18 July 2011 on the conclusion of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia

The Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (‘the Agreement’) is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision.

The President of the Council shall designate the person empowered to proceed, on behalf of the Union, to transmitting the diplomatic notes provided for in Article 2 of the Agreement, in order to express the consent of the Union to be bound by the Agreement .

This Decision shall enter into force on the day of its adoption.

‘2 Each Sectoral Annex shall, in general, contain the following information: (a) a statement of its scope and coverage; (b) the legislative, regulatory and administrative requirements pertaining to the conformity assessment procedures; (c) the designating authorities; (d) a set of procedures for the designation of conformity assessment bodies, and (e) additional provisions as required.’.

This Agreement shall apply to the conformity assessment of products specified in the statement of scope and coverage in each Sectoral Annex.’.

1 The Parties shall ensure that the designating authorities responsible for designating conformity assessment bodies have the necessary power and competence to designate, suspend, remove the suspension of, and withdraw the designation of, such bodies.

2 In making such designations, suspensions, removals of suspension and withdrawals, designating authorities shall, unless specified otherwise in the Sectoral Annexes, observe the procedures for designation set out in Article 12 and the Annex.’.

1 The Parties shall exchange information concerning the implementation of the legislative, regulatory and administrative provisions identified in the Sectoral Annexes and shall maintain an accurate list of conformity assessment bodies designated in accordance with this Agreement.

2 Consistent with their obligations under the World Trade Organization Agreement on Technical Barriers to Trade, each Party shall inform the other Party of the changes it intends to make to the legislative, regulatory and administrative provisions relating to the subject matter of this Agreement and shall, except as provided for in paragraph 3 of this Article, notify the other Party of the new provisions at least 60 calendar days before their entry into force.

3 Where a Party takes urgent measures that it considers warranted by considerations of safety, health or protection of the environment in order to eliminate an immediate risk posed by a product covered by a Sectoral Annex, it shall notify the other Party of the measures and the reasons for their imposition immediately, or as otherwise specified in the Sectoral Annex.’.

This Agreement shall enter into force on the first day of the second month following the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective procedures for entry into force of this Agreement.