Agreement on Conformity Assessment and Acceptance
The political responsibilities of ACAAs include preparing a policy decision to begin developing an ACAA with a country or region; Negotiation of formal agreements when the country/region is ready for an ACAA; having approved the agreements by the Commission, the Council and the beneficiary country; and the same formalities when adding sectors to existing CBAAs. This document on conformity assessment and recognition agreements for industrial products (ACAAs) describes the content of a specific type of mutual recognition agreement (MRA) based on the alignment of the legal system and infrastructure of the country concerned with that of the European Community. It describes the conditions necessary for the opening of negotiations. The conclusion of an ACAA would be the end result of comprehensive dialogue and support in the area of technical regulations and standards for industrial products. It is planned to share this document with countries interested in negotiating and concluding ACAAs with the European Community and its Member States. A basic prerequisite for an ACAA is the approximation of laws. The CBAA`s product areas could be areas of the new approach or the old approach. A CBAA would not be applicable to non-harmonised sectors, as without the existence of technical requirements and relevant product-specific standards at European level on which negotiations could be based, an agreement on sectoral coverage would be much more difficult to achieve. The EU proposal aims for an agreement under which the EU and the US accept the results of conformity assessment from other assessment bodies and certify products in accordance with the other party`s legal requirements. This would allow exporters to apply for certification of their products in their country of origin.
The Parties recognise that a conformity assessment body should apply for accreditation from an accreditation body located in the area where the conformity assessment body is established, provided that that accreditation body has been recognised as being capable of granting the specific accreditation requested by the conformity assessment body in accordance with Article 12 or 15. Where there is no accreditation body in the territory of a Contracting Party recognised in accordance with Articles 12 or 15 as being capable of granting specific accreditation requested by a conformity assessment body established in the territory of that Contracting Party, the following provisions shall apply: The conclusion of the CBAA Agreement shall allow industrial products to access the markets of Ukraine and EU countries on the basis of recognition mutual results of the Conformity Assessment of these products. The 2001 TACIS project for the Republic of Moldova on “Harmonization of the system of standardization, technical regulation and conformity assessment of the Republic of Moldova with PCA and WTO requirements” was launched in a call for tenders, the contractor was selected and the project starts. The budget of the project is 1.4 million euros and the duration is 24 months. `internal body` means a conformity assessment body that carries out conformity assessment activities for the body to which it belongs, for example, in the case of the European Union and its Member States, an accredited internal body which meets the requirements of Article R21 of Annex I to Decision 768/2008/EC or the corresponding requirements of a subsequent instrument; 1. The European Union accepts the results of conformity assessment activities carried out by an accredited internal body established in Canada under conditions no less favourable than those applied to the results of conformity assessment activities carried out by an accredited internal body established in the territory of a Member State of the European Union, provided that the EU pursues a stabilisation and association policy with five Western Balkan countries (Albania, Bosnia and Herzegovina, Croatia, Serbia and Montenegro and the former Yugoslav Republic of Macedonia). To date, Stabilisation and Association Agreements have been signed with the former Yugoslav Republic of Macedonia and Croatia. Like the Europe Agreements with the candidate countries, these agreements contain provisions on the approximation of laws and the application of the law. It states that these countries are taking the necessary measures to gradually comply with Community technical regulations and European procedures for standardisation, measurement, accreditation and conformity assessment.
To this end, the Contracting Parties shall endeavour to promote the application of Community technical regulations and European conformity assessment standards, tests and procedures and, where appropriate, to conclude European conformity assessment protocols. As these countries are potential candidates for EU membership (Croatia and the former Yugoslav Republic of Macedonia have made formal requests), negotiations on an CBAA, which would take the form of a Protocol to the Stabilisation and Association Agreement with the country concerned, should accompany and facilitate the adoption and application of the relevant acquis communautaire. .
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