AGREEMENT ON CONFORMITY ASSESSMENT AND ACCEPTANCE OF INDUSTRIAL PRODUCTS BETWEEN THE REPUBLIC OF LATVIA AND THE REPUBLIC OF ICELAND, THE PRINCIPALITY OF LIECHTENSTEIN, AND THE KINGDOM OF NORWAY

THE REPUBLIC OF LATVIA, hereinafter referred to as Latvia, on the one hand, and the REPUBLIC OF ICELAND, the PRINCIPALITY OF LIECHTENSTEIN, and the KINGDOM OF NORWAY, hereinafter when referred to collectively, to be known as the EEA EFTA States, on the other,

TOGETHER hereinafter referred to as the “Parties”,

CONSIDERING the close ties that exist between Latvia and the EEA EFTA States, in particular through the Free Trade Agreement between the EFTA States and the Republic of Latvia, signed on 7 December 1995,

CONSIDERING the close relationship between the European Community and the EEA EFTA States through the Agreement on the European Economic Area, hereinafter referred to as the “EEA Agreement”, signed on 2 May 1992, and that the EEA EFTA States are integrated into the Internal Market and thereby adopt and implement Community legislation,

WHEREAS Latvia has applied for membership of the European Union and such membership implies the effective implementation of the acquis of the European Community,

WHEREAS it is appropriate to conclude this parallel Agreement on Conformity Assessment and Acceptance of Industrial products between Latvia and the EEA EFTA States, hereinafter referred to as the “Agreement”, equivalent to the Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, on Conformity Assessment and Acceptance of Industrial Products, hereinafter referred to as the “PECA”,

CONSIDERING that, in the sectors covered by this Agreement the Latvian national law substantially takes over the Community law also incorporated into the EEA Agreement,

CONSIDERING their shared commitment to the principles of free movement of goods and to promoting product quality, so as to ensure the health and safety of their citizens and the protection of the environment,

DESIRING to conclude this Agreement providing for the application of the mutual acceptance of industrial products, which fulfil the requirements to be lawfully placed on the market in one of the Parties and of the mutual recognition of the results of conformity assessment of industrial products, which are subject to EEA legislation or Latvian national law,

BEARING IN MIND that the relations with regard to conformity assessment between the EEA EFTA States are governed by the EEA Agreement,

BEARING IN MIND their status as Contracting Parties to the Agreement establishing the World Trade Organisation and conscious in particular of their obligations under the World Trade Organisation Agreement on Technical Barriers to Trade,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

1. The purpose of this Agreement is to facilitate the elimination by Latvia, on the one hand, and the individual EEA EFTA States, on the other, of technical barriers to trade in respect of industrial products. The means to this end is the progressive adoption and implementation by the Republic of Latvia of national law, which is equivalent to Community law also incorporated into the EEA Agreement.

2. This Agreement provides for:

a) The mutual acceptance of industrial products, listed in the annexes on mutual acceptance of industrial products, which fulfil the requirements to be lawfully placed on the market in one of the Parties;

b) The mutual recognition of the results of conformity assessment of industrial products subject to EEA legislation and to the equivalent Latvian national law, both listed in the annexes on mutual recognition of results of conformity assessment.

Article 2

Definitions

For the purpose of this Agreement,

“EEA EFTA States” means those members of the European Free Trade Association that are Parties to the EEA Agreement, i.e. Iceland, Liechtenstein and Norway.

“Industrial products” means products, as specified in Article 21 of the Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, on Conformity Assessment and Acceptance of Industrial Products (PECA).

“EEA legislation” means any legal act and implementing practice of the European Community, as incorporated into the EEA Agreement and subsequently amended by decisions of the EEA Joint Committee, applicable to a particular situation, risk or category of industrial products.

“Latvian national law” means any legal act and implementing practice by which the Republic of Latvia takes over the Community law applicable to a particular situation, risk or category of industrial products.

The terms used in this Agreement shall have the meaning given in EEA legislation and the Latvian national law.

Article 3

Mutual Acceptance of industrial products

The Parties agree that, for the purpose of mutual acceptance, industrial products listed in the annexes on “mutual acceptance of industrial products”, which fulfil the requirements to be lawfully placed on the market of a Party, may be placed on the market of the other Party, without further restriction. This shall be without prejudice to prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of exhaustible national resources; the protection of national treasures of artistic, historic, or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.

Article 4

Mutual Recognition of the results of conformity assessment procedures

The Parties agree to recognize the results of conformity assessment procedures carried out in accordance with EEA legislation or Latvian national law listed in the annexes on “mutual recognition of the results of conformity assessment”. The Parties shall not require procedures to be repeated, nor shall they impose additional requirements, for the purposes of accepting that conformity.

Article 5

Safeguard clause

Where a Party finds that an industrial product placed on its territory by virtue of the present Agreement, and used in accordance with its intended use, may compromise the safety or health of users or other persons, or any other legitimate concern protected by legislation identified in the annexes, it may take appropriate measures to withdraw such a product from the market, to prohibit its placing on the market, putting into service or use, or to restrict its free movement. The annexes shall provide for the procedure to be applied in such cases.

Article 6

Extension of Coverage

As the Republic of Latvia adopts and implements further national law taking over Community law, also incorporated into the EEA Agreement, the Parties may amend the annexes or conclude new ones, in accordance with the procedure laid down in Article 13.

Article 7

Origin

The provisions of this Agreement shall apply to industrial products irrespective of their origin.

Article 8

Obligation of Parties as regards their authorities and bodies

1. The Parties shall ensure that authorities under their jurisdiction, which are responsible for the effective implementation of EEA legislation and Latvian national law shall continuously apply it. Further, they shall ensure that these authorities are able, where appropriate, to notify, suspend, remove suspension and withdraw notification of bodies, to ensure the conformity of industrial products with EEA legislation or Latvian national law or to require their withdrawal from the market.

2. The Parties shall ensure that bodies, notified under their respective jurisdiction to assess conformity in relation to requirements of EEA legislation or Latvian national law specified in the annexes, continuously comply with the requirements of Community or national law. Further, they shall take all necessary steps to ensure that these bodies maintain the necessary competence to carry out the tasks for which they are notified.

3. The Parties may only notify bodies notified under the PECA and EEA Agreement respectively.

Article 9

Notified bodies

1. Initially, the bodies notified for the purpose of this Agreement shall be those included in the lists, which Latvia and the EEA EFTA States have exchanged before the completion of the procedures for entry into force.

2. Afterwards, the following procedure shall apply for the notification of bodies to assess conformity in relation to the requirements of EEA legislation or Latvian national law specified in the annexes:

a) A Party shall forward its notification to the other Parties in writing.

b) On the acknowledgement of the other Parties, given in writing, the body will be considered as notified and as competent to assess conformity in relation to the requirements specified in the annexes from that date.

3. If a Party decides to withdraw a notified body under its jurisdiction, it shall inform the other Parties in writing. The body will cease to assess conformity in relation to the requirements specified in the annexes from the date of its withdrawal at the latest. Nevertheless, conformity assessment carried out before that date shall remain valid, unless otherwise decided by the Joint Committee.

Article 10

Verification of notified bodies

1. Each Party may request the other Parties to verify the technical competence and compliance of a notified body under its jurisdiction. Such request will be justified in order to allow the Party responsible for the notification to carry out the requested verification and report speedily to the other Parties. The Parties may also jointly examine the body, with the participation of the relevant authorities. To this end, the Parties shall ensure the full co-operation of bodies under their jurisdiction. The Parties shall take all appropriate steps, and use whatever available means may be necessary, with a view to resolving any problems which are detected.

2. If the problems cannot be resolved to the satisfaction of the Parties, they may notify the chair of the Joint Committee of their dissent, giving their reasons. The Joint Committee may decide on appropriate action.

3. Unless and until decided otherwise by the Joint Committee, the notification of the body and the recognition of its competence to assess conformity in relation to the requirements of EEA legislation or Latvian national law specified in the annexes shall be suspended in part or totally from the date on which the disagreement of the Parties has been notified to the Chair of the Joint Committee.

Article 11

Exchange of information and Co-operation

In order to ensure a correct and uniform application and interpretation of this Agreement, the Parties, their authorities and their notified bodies shall:

a) Exchange all relevant information concerning implementation of law and practice including, in particular, on procedure to ensure compliance of notified bodies.

b) Take part, as appropriate, in the relevant mechanisms of information, co-ordination and other related activities of the Parties.

c) Encourage their bodies to co-operate with a view to establishing mutual recognition arrangements in the voluntary sphere.

Article 12

Confidentiality

Representatives, experts and other agents of the Parties shall be required, even after their duties have ceased, not to disclose information acquired under this Agreement, which is of the kind covered by the obligation of professional secrecy. This information may not be used for purposes other than those envisaged by this Agreement.

Article 13

Joint Committee

1. A Joint Committee consisting of the representatives of the Parties is hereby established. It shall be responsible for the effective functioning of the Agreement and shall meet whenever deemed necessary by one of the Parties.

2. The Joint Committee shall take its decisions and adopt its recommendations by consensus.

3. The Joint Committee shall determine its own rules of procedure, which shall contain, inter alia, provisions on the convening of meetings, the appointment of the Chair and the Chair’s term of office. It may decide to delegate specific tasks to sub-committees.

4. The Joint Committee may consider any matter related to the operation of this Agreement. In particular, it shall have the power to take decisions regarding:

a) amending the Annexes;

b) adding new Annexes;

c) appointing a joint team or teams of experts to verify the technical competence of a notified body and its compliance with the requirements;

d) exchanging information on proposed and actual modifications of the EEA legislation and Latvian national law referred to in the Annexes;

e) considering new or additional conformity assessment procedures affecting a sector covered by an Annex;

f) resolving any questions relating to the application of this Agreement.

5. The Joint Committee established under this Agreement is independent of and separate from the Joint Committee that has been established under the Free Trade Agreement between the EFTA States and the Republic of Latvia.

6. The Joint Committee may establish Joint Sectoral Groups for individual Sectoral Annexes comprising the appropriate designating and regulatory authorities and experts of the Parties. These groups will address the specific conformity assessment, acceptance of industrial products and regulatory issues related to a given sector. The responsibility of the Joint Sectoral Groups may include the following:

a) at the request of a Party, to examine specific problems arising in the implementation of any transitional plans for mutual recognition and to give advisory opinions to the Joint Committee on issues of mutual concern;

b) furnish information and advice on any matters relating to implementation, and on the regulations, procedures and conformity assessment system related to a particular Annex, as may be requested by a Party;

c) review various aspects of the implementation and operation of each Sectoral Annex;

d) consider issues of interpretation of requirements in the Sectoral Annexes, and where appropriate to make recommendations to the Joint Committee.

Article 14

Dispute settlement

Any Party may refer any dispute relating to the interpretation or application of this Agreement to the Joint Committee. The Joint Committee shall endeavour to settle the dispute, and must be supplied with any information, which may facilitate a thorough examination of the situation with a view to finding an acceptable solution. For that purpose, the Joint Committee shall consider every possible means of maintaining the smooth functioning of this Agreement.

Article 15

Agreements with other Countries

The Parties agree that agreements on conformity assessment concluded by any Party with a country which is not a party to this Agreement shall not entail an obligation upon the other Parties to accept the results of conformity assessment procedures carried out in that third country, unless there is an explicit agreement between the Parties in the Joint Committee.

Article 16

Depositary

1. The Government of Norway, acting as Depositary, shall notify all States that have signed this Agreement of the depositing of instruments of ratification or acceptance, as well as the entry into force of this Agreement. The Depositary shall also notify the States of any notifications of termination, amendments and of the expiry of the Agreement.

2. This Agreement is subject to ratification or acceptance. The instruments of ratification or acceptance shall be deposited with the Depositary.

Article 17

Entry into force, amendments and duration

1. This Agreement shall enter into force on the first day of the second month following the depositing of instruments of ratification or acceptance by all signatory States.

2. Without prejudice to Article 13 paragraph 4 letters (a) and (b), if a Party wishes to have this Agreement amended, it shall inform the Joint Committee. Amendments may be decided by written procedure if the Parties so agree. Amendments shall enter into force 30 days after receipt by the Depositary of the notification of all Parties that the requisite internal procedures have been completed.

3. Each Party to this Agreement may withdraw there from with six months notice by means of a written notification to the Depositary. Should one or more EEA EFTA States withdraw from this Agreement, the Agreement will continue in force for the remaining EEA EFTA States, on the one hand, and for Latvia, on the other.

4. This Agreement shall be repealed on the date of accession of Latvia to the EEA Agreement.

Article 18

Final Provisions

This Agreement is drawn up in four originals in the English language.

Done at Brussels on 26 September, 2002.

1 Article 2 refers to Article 9 and Protocol 2 of the Europe Agreement.

 

For the Republic of Latvia For the Republic of Iceland

Andris Piebalgs	Gunnar Snorri Gunnarsson
Ambassador Extraordinary and	Ambassador Extraordinary and
Plenipotentiary to the European Union	Plenipotentiary to the European Union
	For the Principlity of Liechtenstein
	Prince Nikolaus of Liechtenstein
	Ambassador Extraordinary and
	Plenipotentiary to the European Union
	For the Kingdom of Norway
	Bjorn Grydeland
	Ambassador Extraordinary and
	Plenipotentiary to the European Union

 

ANNEXES ON MUTUAL RECOGNITION OF RESULTS OF CONFORMITY ASSESSMENT

Table of contents

1. Electrical Safety

2. Electromagnetic Compatibility

3. Toys

4. Construction Products

Annex

on Mutual Recognition

of results of Conformity Assessment:

ELECTRICAL SAFETY

SECTION I

EEA Legislation and Latvian National Law

EEA Legislation:	Council Directive 73/23/EEC of 19 February 1973 on
	the approximation of the laws of the Member States
	relating to electrical equipment designed for use within
	certain voltage limits (OJ L 77, 26.03.1973, p. 29),
	as last amended by Directive 93/68/EEC of 22 July
	1993 (OJ L 220, 30.8.1993, p.1).
	EEA Agreement, Annex II, Chapter X, point 1, first
	indent as added by Decision No 7/94.
Latvian National Law:	Regulations of the Cabinet of Ministers of May 30,
	2000 No.187 (Latvijas Vēstnesis No. 201/204,
	02.06.2000, p.4).
SECTION II
Notifying Authorities
EEA EFTA States:
* Iceland	I³na³ar- og vi³skiptar‡³uneyti³ (Ministry of Industry
	and Commerce)
* Liechtenstein	Die Regierung des Fūrstentums Liechtenstein (The
	Government of Liechtenstein)1
* Norway	Arbeids- og administrasjons departementet (Ministry
	of Labour and Government Administration )
	Samferdsels departementet (Ministry of Transport and
	Communication)
Latvia:	Ekonomikas ministrija (Ministry of Economics)

 

SECTION III

Notified Bodies

EEA EFTA States:

Bodies which have been notified by the EEA EFTA States in accordance with the EEA legislation of Section I and notified to Latvia in accordance with Article 9 of this Agreement.

 

Latvia:

Bodies which have been authorised by Latvia in accordance with the Latvian national law of Section I and notified to the EEA EFTA States in accordance with Article 9 of this Agreement.

 

SECTION IV

Specific Arrangements

Safeguard Clauses

A. Safeguard clause relating to industrial products

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE marking, subject to this Annex, it shall immediately inform the other Parties, indicating the reasons for its decision and how non-compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Joint Committee who may decide to have an expertise carried out.

5. Where the Joint Committee finds that the measure is:

a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

 

B. Safeguard clause relating to harmonised standards

Where one of the Parties considers that a harmonised standard referred to in the legislation defined in this Annex, does not meet the essential requirements of such legislation, it shall inform the Joint Committee giving the reasons thereof.

 

Annex

on Mutual Recognition

of results of Conformity Assessment:

ELECTROMAGNETIC COMPATIBILITY

SECTION I

EEA Legislation and national law

EEA legislation:	Council Directive 89/336/EEC of 3 May 1989 on the
	approximation of the laws of the Member States relating
	to electromagnetic compatibility (OJ L 139,
	23.05.1989, p. 19).
	EEA Agreement, Annex II, Chapter X, point 6.
	Council Directive 93/68/EEC of 22 July 1993
	(OJ L 220, 30.8.1993, p.1).
	EEA Agreement, Annex II, Chapter XIX, point 3c as
	inserted by Decision No 7/94.
Latvian National law:	Regulations of the Cabinet of Ministers of May 30,
	2000 No.188 (Latvijas Vēstnesis No. 201/204,
	02.06.2000, p.5), as amended by as amended by
	Regulations nr.78 of 20 February 2001 (Latvijas
	Vēstnesis No.31, 23.02.2001 p.3).
SECTION II
Notifying Authorities
EEA EFTA States:
* Iceland	I³na³ar- og vi³skiptar‡³uneyti³ (Ministry of Industry
	and Commerce)
* Liechtenstein	Die Regierung des Fūrstentums Liechtenstein
	(The Government of Liechtenstein)2
* Norway	Arbeids- og administrasjonsdepartementet (Ministry of
	Labour and Government Administration )
	Samferdselsdepartementet (Ministry of Transport and
	Communication)
Latvia:	Ekonomikas ministrija (Ministry of Economics)

 

SECTION III

Notified Bodies

EEA EFTA States:

Bodies which have been notified by the EEA EFTA States in accordance with the EEA legislation of Section I and notified to Latvia in accordance with Article 9 of this Agreement.

 

Latvia:

Bodies which have been authorised by Latvia in accordance with the Latvian national law of Section I and notified to the EEA EFTA States in accordance with Article 9 of this Agreement.

 

SECTION IV

Specific Arrangements

Safeguard Clauses

A. Safeguard clause relating to industrial products

1. Where a Party has taken a measure to deny free access to its market for industrial products bearing the CE marking, subject to this Annex, it shall immediately inform the other Parties, indicating the reasons for its decision and how non-compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Joint Committee who may decide to have an expertise carried out.

5. Where the Joint Committee finds that the measure is:

a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

 

B. Safeguard clause relating to harmonised standards.

Where one of the Parties considers that a harmonised standard referred to in the legislation defined in this Annex, does not meet the essential requirements of such legislation, it shall inform the Joint Committee giving the reasons thereof.

Annex

on Mutual Recognition

of results of Conformity Assessment:

TOYS

SECTION I

EEA Legislation and Latvian National law
EEA EFTA States:	Council Directive of 3 May 1988 on the approximation
	of the laws of the Member States concerning the
	safety of toys (88/378/EEC) (OJ L 187, 16.7.1988,
	p.1), as amended by Council Directive 93/68/EEC of
	22 July 1993 (OJ L 220, 30.08.1993, p.1)
	EEA Agreement, Chapter XXIII, point 1.
Latvian National law:	Regulations of the Cabinet of Ministers of 4 April
	2000 No 128 “Regulations on safety of toys” (Latvijas
	Vēstnesis No 125, 07.04.2000, p.2), as amended
	by Regulation nr.429 of 2 October 2001 (Latvijas
	Vēstnesis No.161, 08.11.2001)
SECTION II
Notifying Authorities
EEA EFTA States:
* Iceland:	I³na³ar- og vi³skiptar‡³uneyti³ (Ministry of Industry
	and Commerce)
* Liechtenstein:	Die Regierung des Fūrstentums Liechtenstein
	(The Government of Liechtenstein)3
* Norway:	Barne- og familiedepartementet (Ministry of Children
	and Family Affairs)
Latvia:	Ekonomikas ministrija (Ministry of Economics)

 

SECTION III

Notified Bodies

EEA EFTA States: Bodies which have been notified by the EEA EFTA States in accordance with the EEA legislation of Section I and notified to Latvia in accordance with Article 9 of this Agreement.

 

Latvia:

Bodies which have been authorised by Latvia in accordance with the Latvian national law of Section I and notified to the EEA EFTA States in accordance with Article 9 of this Agreement.

 

SECTION IV

Specific Arrangements

1. Information concerning the certificate and the technical file

In accordance with Article 10(4) of Directive 88/378/EEC, the authorities listed in section II may obtain on request a copy of the certificate and, on reasoned request, a copy of the technical file and the reports on the examinations and tests carried out.

 

2. Notification of grounds for refusal by approved bodies

In accordance with Article 10(5) of Directive 88/378/EEC, the Latvian bodies shall inform the Ministry of Economics when refusing to issue an EC type- examination certificate. The Ministry of Economics shall likewise notify the Commission of the European Communities and the EEA EFTA States thereof.

 

Safeguard Clauses

A. Safeguard clause relating to products

1. Where a Party has taken a measure to deny free access to its market for products bearing the CE marking, subject to this Annex, it shall immediately inform the other Parties, indicating the reasons for its decision and how non-compliance has been assessed.

2. The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of their investigations.

3. In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Joint Committee who may decide to have an expertise carried out.

5. Where the Joint Committee finds that the measure is:

a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

 

B. Safeguard clause relating to harmonised standards

Where one of the Parties considers that a harmonised standard referred to in the legislation defined in this Annex, does not meet the essential requirements of such legislation, it shall inform the Joint Committee giving the reasons thereof.

Annex

on Mutual Recognition

of results of Conformity Assessment:

CONSTRUCTION PRODUCTS

SECTION I
EEA legislation and National law
EEA legislation:	Council Directive 89/106/EEC of 21 December 1988
	on the approximation of laws, regulations and
	administrative provisions of the Member States relating
	to construction products (OJ L 040, 11/02/1989 p. 12),
	as amended by Council Directive 93/68/EEC of
	22 July 1993 (OJ L 220, 30.08.1993, p.1).
	EEA Agreement, Annex II, Chapter VI.
Latvian National law:	Building Law of 10.08.1995 (Latvijas Vēstnesis No 131,
	30.08.1995) as amended by Law of 27.02.1997
	(Latvijas Vēstnesis No 69/70, 11.03.1997) and Law
	of 01.10.1997 (Latvijas Vēstnesis No 274/276,
	21.10.1997).
	Cabinet Order 313 of 17 June 1998 “On authorisation
	of bodies involved in conformity attestation of building
	materials and construction products in mandatory area”.
	Regulations of the Cabinet of Ministers of 30 April
	2001 No 181 “Procedure of conformity attestation of
	construction products in regulatory area” (Latvijas
	Vēstnesis No 68, 04.05.2001).
	Building Code LBN 006-00 “Essential Requirements
	for construction works” (Latvijas Vēstnesis No 52,
	30.03.2001).
SECTION II
Notifying Authorities
EEA EFTA States:
* Iceland:	I³na³ar- og vi³skiptar‡³uneyti³ (Ministry of Industry
	and Commerce)
* Liechtenstein:	Die Regierung des Fūrstentums Liechtenstein
	(The Government of Liechtenstein)4
* Norway:	Kommunal- og regionaldepartementet (Ministry of
	Local Government and Regional Development)
Latvia:	Ekonomikas ministrija (Ministry of Economics)

 

SECTION III

Notified Bodies

EEA EFTA States:

Bodies which have been notified by the EEA EFTA States in accordance with the EEA legislation of Section I and notified to Latvia in accordance with Article 9 of this Agreement.

 

Latvia:

Bodies which have been authorised by Latvia in accordance with the Latvian national law of Section I and notified to the EEA EFTA States in accordance with Article 9 of this Agreement.

 

SECTION IV

Specific Arrangements

1. Scope and coverage

The provisions of this Annex shall only apply to construction products covered by harmonised standards and corresponding Latvian national standards.

 

2. Safeguard Clauses

A. Safeguard clause relating to products

1.Where a Party has taken a measure to deny free access to its market for products bearing the CE marking, subject to this Annex, it shall immediately inform the other Parties, indicating the reasons for its decision and how non-compliance has been assessed.

2.The Parties shall consider the matter and the evidence brought to their knowledge, and shall report to each other the results of their investigations.

3.In case of agreement, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

4. In case of disagreement on the outcome of such investigations the matter shall be forwarded to the Joint Committee who may decide to have an expertise carried out.

5. Where the Joint Committee finds that the measure is:

a) unjustified, the national authority of the Party who has taken the measure shall withdraw it;

b) justified, the Parties shall take appropriate measures to ensure that such products are not placed on the market.

 

B. Safeguard clause relating to harmonised standards

Where one of the Parties considers that a harmonised standard referred to in the legislation defined in this Annex, does not meet the essential requirements of such legislation, it shall inform the Joint Committee giving the reasons thereof.

1 THE GOVERNMENT OF THE PRINCIPALITY OF LIECHTENSTEIN IS ENTITLED TO APPOINT APPROPRIATE SPECIFIC NATIONAL ADMINISTRATION BODIES AS DESIGNATORS OF NOTIFIED BODIES AT A FUTURE DATE.

2 THE GOVERNMENT OF THE PRINCIPALITY OF LIECHTENSTEIN IS ENTITLED TO APPOINT APPROPRIATE SPECIFIC NATIONAL ADMINISTRATION BODIES AS DESIGNATORS OF NOTIFIED BODIES AT A FUTURE DATE.

3 THE GOVERNMENT OF THE PRINCIPALITY OF LIECHTENSTEIN IS ENTITLED TO APPOINT APPROPRIATE SPECIFIC NATIONAL ADMINISTRATION BODIES AS DESIGNATORS OF NOTIFIED BODIES AT A FUTURE DATE.

4 THE GOVERNMENT OF THE PRINCIPALITY OF LIECHTENSTEIN IS ENTITLED TO APPOINT APPROPRIATE SPECIFIC NATIONAL ADMINISTRATION BODIES AS DESIGNATORS OF NOTIFIED BODIES AT A FUTURE DATE.