Decree of the Minister for Foreign Affairs No. 5 / 1989 Coll.

Q: Is Decree of the Minister for Foreign Affairs No. 5 / 1989 Coll. still valid?

Yes, Decree of the Minister for Foreign Affairs No. 5 / 1989 Coll. is still valid and effective.

5

DECLARATION

Minister for Foreign Affairs

of 15 December 1988

concerning the Convention on a Quality Assessment and Certification System for Intermediate Products

On 14 October 1987, the Convention on a Quality Assessment and Certification System for Intermediate Products was signed in Moscow.

The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instrument of ratification was deposited in the Secretariat of the RVHP, depositary of the Convention, on 8 September 1988.

The Convention entered into force on 29 May 1988 and 7 December 1988 for the Czechoslovak Socialist Republic on the basis of Article XVI thereof.

The Czech translation of the Convention is being announced simultaneously.

Minister:

JUDr. Johanes v. r.

CONVENTION

on a quality assessment and certification system for products supplied to each other

the Governments of the People's Republic of Bulgaria, the People's Republic of Hungary, the Socialist Republic of Vietnam, the German Democratic Republic, the Republic of Cuba, the People's Republic of Mongolia, the People's Republic of Poland, the Socialist Republic of Romania, the Union of Soviet Socialist Republics, the Czechoslovak Socialist Republic,

Building on the decisions of the Economic Advisory of the Member States of the FMC at the highest level and the Comprehensive Programme of the Scientific and Technical Progress of the FMC Member States by 2000,

with a view to further deepening and improving cooperation and development of the socialist economic integration of the Member States of the RVHP,

following the principles of cooperation of the Member States of the EMFF and by efforts to ensure further improvement of the effectiveness of their economic cooperation,

On the basis of the fact that, under the conditions of international division of labour, the volume of goods exchange between the Member States of the RVHP continues to increase,

and Association Executive Board of the Socialist Federal Republic of Yugoslavia

with a view to gradually increasing the technical level and quality of products supplied to each other and their competitiveness on the world market, the rational use of material and energy resources, labour resources and, at the same time, avoiding repetition of product testing;

hereinafter referred to as "the Contracting Parties', have agreed as follows:

The Contracting Parties shall establish a quality assessment and certification system for products supplied to each other (hereinafter referred to as the "System ') in which they shall ensure:

- the operation of the System in accordance with this Convention;

- the establishment of lists (nomenclature) of products subject to certification;

- carrying out accreditation of test laboratories (centres) of States of the Contracting Parties authorising them to test products for certification;

- to examine the existence of conditions to ensure a stable quality and effective control of the products provided for certification by their producers;

- carrying out tests on products for certification in accredited testing laboratories (centres);

- issuing and mutual recognition of certificates and certification marks;

- the supervision of the activities of the System and the quality of certified products;

- the organisation and conduct of the exchange of information on the activities of the System.

The assessment of the quality and certification of products supplied to each other will be carried out on the basis of this Convention and the Statute of the System of Quality Assessment and Certification of products delivered to each other, approved by the Executive Committee of the RVHP and other documents adopted within the meaning of that Statute to ensure the implementation of this Convention.

Documents The system will benefit from principles adopted in international certification organisations, unless these principles are contrary to the objectives of this Convention.

The certification of mutually supplied products shall be carried out by assessing their conformity with the requirements of the RVHP standards, other international and national standards and other normative technical documents, corresponding to the progressive world scientific and technological level and mutually agreed bodies of the States of the Contracting Parties.

Each Contracting Party shall designate and empower the competent authority of the State Administration to the extent necessary to ensure its participation in the System. This body will coordinate the work in the area of certification and supervision of the activities of the System in its State in accordance with the national legal order and represent that State in matters relating to the implementation of this Convention to the authorised authorities of other States of the Contracting Parties.

Information on the designation of an authorised public administration authority shall be communicated to the depositary of this Convention.

The Parties agree that coordination of all work to ensure the operation of the System under this Convention, monitoring its implementation and fulfilment of its obligations under this Convention, as well as preparation of proposals for further development of the System will be carried out within the Standing Committee on Standardisation Cooperation of the RVHP.

Quality assessments and certification shall be subject primarily to products, including raw materials, materials and components, which are important for the economies of the States of the Contracting Parties; products whose use may cause a threat to life, human health or the environment as well as products which, under the law of the States of the Contracting Parties, are subject to compulsory testing before they are put into circulation.

The lists (nomenclature) of products subject to the System of Certification, specifying the standards of the RVHP, other international and national standards and other normative technical documents governing the requirements for these products, the methods, scope and the procedure for their testing, shall be established by agreement between, or agree with, the authorised authorities of the Contracting Parties in the preparation of contracts and agreements on economic and scientific and technical cooperation concluded by the authorities and the States' organisations.

Certificates shall be issued by the authorised authorities of the States of the Contracting Parties in which product certification has been carried out, or by their decision, by testing laboratories (centres) accredited under the System rules on the basis of positive results of product testing and in the absence of conditions that allow the manufacturer to ensure a stable quality and effective control of products for certification.

The manufacturer may mark certified products with a certification mark only after prior certification.

The accreditation of test laboratories (centres) shall be carried out by the authorised authority of the State in which the laboratory (centre) is located.

The competent authority of the State where the test laboratory (s) is based shall take into account the results of the findings of the experts - representatives of the authorised authorities of the States of the Parties concerned on the existence of the conditions necessary for the accreditation of laboratories (s), unless otherwise provided for in bilateral or multilateral agreements concluded pursuant to Article XIII of this Convention.

If the test laboratory (centre) has been accredited under the rules of other national or international certification systems that comply with the rules of the System, such accreditation within the System shall be fully recognised.

The existence of conditions ensuring the stable quality of the products provided for certification and effective control of their quality shall be determined by testing the production of those products carried out by the authorised authority of the State of production or by its decision by the accredited testing laboratory (s).

The competent authorities of States producing products provided for certification under this Convention, after mutual agreement, shall allow representatives of the authorised authorities of States importing the products to become familiar with the state of production and quality control.

If the authorised State administration of the importing State finds that the products supplied do not comply with the certificate, it may suspend the recognition of the certificate in its State and is obliged to inform the authorised State administration of the exporting State without delay.

States of Contracting Parties shall take the necessary measures to ensure the objectivity of test results in accredited test laboratories (centres) and the reliability of product certification results according to uniform principles and organisational methodological documents approved under the RVHP.

The costs of certification shall be borne by the producers (organisations, undertakings) of States exporting products, unless otherwise provided for in the contracts and agreements referred to in Articles VI and VIII of this Convention. The costs of sending experts to carry out the tasks referred to in Articles VIII and IX of this Convention shall be borne by the authorities and organisations of the States which transmit them.

The competent authorities of the States Parties may, if necessary, conclude bilateral and multilateral agreements with a view to implementing this Convention.

If there are disputed issues concerning the implementation of the Convention between the States' bodies and organisations of the Contracting Parties, these issues will be dealt with by negotiation between the authorised authorities of the States' State Parties.

Civil disputes between the organizations of States of the Contracting Parties concerning certified products will be resolved under the Convention on the Settlement of Civil Disputes arising from Economic and Scientific and Technical Cooperation in Arbitration of 26 May 1972.

This Convention shall not affect the rights and obligations of the Contracting Parties resulting from other agreements and agreements concluded between them or between the authorities and organisations of their States, as well as between them and third States.

This Convention shall be subject to ratification or approval (acceptance) in accordance with the legal order of the signatory States. The instruments of ratification or approval (acceptance) shall be transferred to the custody of the RVHP Secretariat, which shall perform the functions of depositary of this Convention.

This Convention shall enter into force on the 90th day calculated from the date on which the fifth instrument of ratification or approval (acceptance) was transmitted to the depositary.

For each State whose instruments of ratification or approval (s) will be transmitted to the depositary for safekeeping after the entry into force of this Convention, the Convention shall enter into force on the 90th day calculated from the date of transmission of the instrument of ratification or approval (acceptance).

With the agreement of the Contracting Parties, other States may accede to this Convention after its entry into force by transmitting to the depositary a document of access. Accession shall be deemed to be valid after 90 days from the date on which the depositary receives the last consent report.

This Convention shall be concluded for an unlimited period. Each Contracting Party may terminate its participation in this Convention by notifying the depositary in writing. The denunciation shall take effect 12 months from the date on which the depositary received the notification. The termination of participation in the Convention shall be without prejudice to contractual obligations undertaken by the Contracting Party and the authorities or organisations of its State in connection with the implementation of the System and in force on the date on which the denunciation took effect.

The depositary shall immediately inform the signatories of this Convention and the States which acceded to it of the date of the surrender in custody of each instrument of ratification or of the document of approval (acceptance) or of the documents of accession, of the date of entry into force and of receipt of other notifications under the Convention.

This Convention may be supplemented or amended with the consent of all Contracting Parties. Complements and amendments shall be made by means of a protocol which shall take effect in accordance with the provisions of Article XVI.

This Convention shall be registered after its entry into force by the depositary of the United Nations Secretariat within the meaning of Article 102 of the UN Charter.

The original of this Convention shall be transmitted to the depositary, which shall circulate its certified copies to the States of the Contracting Parties which signed the Convention and to the States which acceded to it.

Dane 14 October 1987 in Moscow, in one copy in Russian.

The President

G. Atanasov v. r.