CE/USA/en 1

AGREEMENT ON MUTUAL RECOGNITION

BETWEEN

THE EUROPEAN COMMUNITY

AND THE UNITED STATES OF AMERICA
CE/USA/en 2
CE/USA/en 3

TABLE OF CONTENTS

Page

1. Framework CE/USA/en 4

2. Telecommunication Equipment CE/USA/Annex/en 1

3. Electromagnetic Compatibility (EMC) CE/USA/Annex/en 17

4. Electrical Safety CE/USA/Annex/en 32

5. Recreational Craft CE/USA/ANNEX/en 42

6. Pharmaceutical Good Manufacturing

Practices (GMPs) CE/USA/Annex/en 51

7. Medical Devices CE/USA/Annex/en 79-143
CE/USA/en 4

The EUROPEAN COMMUNITY, and the GOVERNMENT OF THE UNITED STATES OF

AMERICA, hereinafter referred to as "the Parties",

CONSIDERING the traditional links of friendship that exist between the United States of

America (U.S.) and the European Community (EC);

DESIRING to facilitate bilateral trade between them;

RECOGNIZING that mutual recognition of conformity assessment activities is an

important means of enhancing market access between the Parties;

RECOGNIZING that an agreement providing for mutual recognition of conformity

assessment activities is of particular interest to small and medium-sized businesses in the

U.S. and the EC;

RECOGNIZING that any such mutual recognition also requires confidence in the

continued reliability of the other Party’s conformity assessments;

RECOGNIZING the importance of maintaining each Party’s high levels of health, safety,

environmental and consumer protection;

RECOGNIZING that mutual recognition agreements can positively contribute in

encouraging greater international harmonization of standards;
CE/USA/en 5

NOTING that this Agreement is not intended to displace private sector bilateral and

multilateral arrangements among conformity assessment bodies or to affect regulatory

regimes allowing for manufacturers’ self-assessments and declarations of conformity.

BEARING IN MIND that the Agreement on Technical Barriers to Trade, an agreement

annexed to the Agreement establishing the World Trade Organization (WTO), imposes

obligations on the Parties as Contracting Parties to the WTO, and encourages such

Contracting Parties to enter into negotiations for the conclusion of agreements for the

mutual recognition of results of each other’s conformity assessment;

RECOGNIZING that any such mutual recognition needs to offer an assurance of

conformity with applicable technical regulations or standards equivalent to the

assurance offered by the Party's own procedures;

RECOGNIZING the need to conclude an Agreement on Mutual Recognition (MRA) in

the field of conformity assessment with sectoral annexes; and

BEARING in mind the respective commitments of the Parties under bilateral, regional

and multilateral environment, health, safety and consumer protection agreements.

HAVE AGREED AS FOLLOWS:
CE/USA/en 6

ARTICLE 1

DEFINITIONS

1. The following terms and definitions shall apply to this Agreement only:

 Designating Authority means a body with power to designate, monitor, suspend,

remove suspension of, or withdraw conformity assessment bodies as specified

under this Agreement.

 Designation means the identification by a Designating Authority of a conformity

assessment body to perform conformity assessment procedures under this

Agreement.

 Regulatory Authority means a government agency or entity that exercises a legal

right to control the use or sale of products within a Party’s jurisdiction and may

take enforcement action to ensure that products marketed within its jurisdiction

comply with legal requirements.

2. Other terms concerning conformity assessment used in this Agreement shall have

the meaning given elsewhere in this Agreement or in the definitions contained in

Guide 2 (1996 edition) of the International Organization for Standardization (ISO) and

the International Electrotechnical Commission (IEC). In the event of an inconsistency

between ISO/IEC Guide 2 and definitions in this Agreement, the definitions in this

Agreement shall prevail.
CE/USA/en 7

ARTICLE 2

PURPOSE OF THE AGREEMENT

This Agreement specifies the conditions by which each Party will accept or recognize

results of conformity assessment procedures, produced by the other Party's conformity

assessment bodies or authorities, in assessing conformity to the importing Party's

requirements, as specified on a sector-specific basis in the Sectoral Annexes, and to

provide for other related cooperative activities. The objective of such mutual

recognition is to provide effective market access throughout the territories of the

Parties with regard to conformity assessment for all products covered under this

Agreement. If any obstacles to such access arise, consultations will promptly be held.

In the absence of a satisfactory outcome of such consultations, the Party alleging its

market access has been denied, may, within 90 days of such consultation, invoke its

right to terminate the Agreement in accordance with Article 21.

ARTICLE 3

GENERAL OBLIGATIONS

1. The United States shall, as specified in the Sectoral Annexes, accept or recognize

results of specified procedures, used in assessing conformity to specified legislative,

regulatory, and administrative provisions of the United States, produced by the other

Party’s conformity assessment bodies and/or authorities.
CE/USA/en 8

2. The European Community and its Member States shall, as specified in the Sectoral

Annexes, accept or recognize results of specified procedures, used in assessing

conformity to specified legislative, regulatory and administrative provisions of the

European Community and its Member States, produced by the other Party’s

conformity assessment bodies and/or authorities.

3. Where sectoral transition arrangements have been specified in Sectoral Annexes,

the above obligations will apply following the successful completion of those sectoral

transition arrangements, with the understanding that the conformity assessment

procedures utilized assure conformity to the satisfaction of the receiving Party, with

applicable legislative, regulatory and administrative provisions of that Party, equivalent

to the assurance offered by the receiving Party’s own procedures.

ARTICLE 4

GENERAL COVERAGE OF THE AGREEMENT

1. This Agreement applies to conformity assessment procedures for products and/or

processes and to other related cooperative activities as described in this Agreement.

2. Sectoral Annexes may include:

(a) a description of the relevant legislative, regulatory and administrative provisions

pertaining to the conformity assessment procedures and technical regulations;
CE/USA/en 9

(b) a statement on the product scope and coverage;

(c) a list of Designating Authorities;

(d) a list of agreed conformity assessment bodies or authorities or a source from

which to obtain a list of such bodies or authorities and a statement of the scope

of the conformity assessment procedures for which each has been agreed;

(e) the procedures and criteria for designating the conformity assessment bodies;

(f) a description of the mutual recognition obligations;

(g) a sectoral transition arrangement;

(h) the identity of a sectoral contact point in each Party’s territory; and

(i) a statement regarding the establishment of a Joint Sectoral Committee.

3. This Agreement shall not be construed to entail mutual acceptance of standards or

technical regulations of the Parties and, unless otherwise specified in a Sectoral Annex,

shall not entail the mutual recognition of the equivalence of standards or technical

regulations.
CE/USA/en 10

ARTICLE 5

TRANSITIONAL ARRANGEMENTS

The Parties agree to implement the transitional commitments on confidence building

as specified in the Sectoral Annexes.

1. The Parties agree that each sectoral transitional arrangement shall specify a time

period for completion.

2. The Parties may amend any transitional arrangement by mutual agreement.

3. Passage from the transitional phase to the operational phase shall proceed as

specified in each Sectoral Annex, unless either Party documents that the conditions

provided in such Sectoral Annex for a successful transition are not met.

ARTICLE 6

DESIGNATING AUTHORITIES

The Parties shall ensure that the Designating Authorities specified in the Sectoral

Annexes have the power and competence in their respective territories to carry out

decisions under this Agreement to designate, monitor, suspend, remove suspension of,

or withdraw conformity assessment bodies.
CE/USA/en 11

ARTICLE 7

DESIGNATION AND LISTING PROCEDURES

The following procedures shall apply with regard to the designation of conformity

assessment bodies and the inclusion of such bodies in the list of conformity assessment

bodies in a Sectoral Annex:

(a) The Designating Authority identified in a Sectoral Annex shall designate

conformity assessment bodies in accordance with the procedures and criteria

set forth in that Sectoral Annex;

(b) A Party proposing to add a conformity assessment body to the list of such bodies

in a Sectoral Annex shall forward its proposal of one or more designated

conformity assessment bodies in writing to the other Party with a view to a

decision by the Joint Committee;

(c) Within 60 days following receipt of the proposal, the other Party shall indicate its

position regarding either its confirmation or its opposition. Upon confirmation, the

inclusion in the Sectoral Annex of the proposed conformity assessment body or

bodies shall take effect; and
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(d) In the event that the other Party contests on the basis of documented evidence

the technical competence or compliance of a proposed conformity assessment

body, or indicates in writing that it requires an additional 30 days to more fully

verify such evidence, such conformity assessment body shall not be included on

the list of conformity assessment bodies in the applicable Sectoral Annex. In this

instance, the Joint Committee may decide that the body concerned be verified.

After the completion of such verification, the proposal to list the conformity

assessment body in the Sectoral Annex may be resubmitted to the other Party.

ARTICLE 8

SUSPENSION OF LISTED CONFORMITY ASSESSMENT BODIES

The following procedures shall apply with regard to the suspension of a conformity

assessment body listed in a Sectoral Annex:

(a) A Party shall notify the other Party of its contestation of the technical

competence or compliance of a conformity assessment body listed in a Sectoral

Annex and the contesting Party’s intent to suspend such conformity assessment

body. Such contestation shall be exercised when justified in an objective and

reasoned manner in writing to the other Party;
CE/USA/en 13

(b) The conformity assessment body shall be given prompt notice by the other Party

and an opportunity to present information in order to refute the contestation or

to correct the deficiencies which form the basis of the contestation;

(c) Any such contestation shall be discussed between the Parties in the relevant Joint

Sectoral Committee. If there is no Joint Sectoral Committee, the contesting Party

shall refer the matter directly to the Joint Committee. If agreement to suspend is

reached by the Joint Sectoral Committee or, if there is no Joint Sectoral

Committee, by the Joint Committee, the conformity assessment body shall be

suspended;

(d) Where the Joint Sectoral Committee or Joint Committee decides that verification

of technical competence or compliance is required, it shall normally be carried

out in a timely manner by the Party in whose territory the body in question is

located, but may be carried out jointly by the Parties in justified cases;

(e) If the matter has not been resolved by the Joint Sectoral Committee within 10

days of the notice of contestation, the matter shall be referred to the Joint

Committee for a decision. If there is no Joint Sectoral Committee, the matter

shall be referred directly to the Joint Committee. If no decision is reached by the

Joint Committee within 10 days of the referral to it, the conformity assessment

body shall be suspended upon the request of the contesting Party;
CE/USA/en 14

(f) Upon the suspension of a conformity assessment body listed in a Sectoral Annex,

a Party is no longer obligated to accept or recognize the results of conformity

assessment procedures performed by that conformity assessment body

subsequent to suspension. A Party shall continue to accept the results of

conformity assessment procedures performed by that conformity assessment

body prior to suspension, unless a Regulatory Authority of the Party decides

otherwise based on health, safety or environmental considerations or failure to

satisfy other requirements within the scope of the applicable Sectoral Annex; and

(g) The suspension shall remain in effect until agreement has been reached by the

Parties upon the future status of that body.

ARTICLE 9

WITHDRAWAL OF LISTED CONFORMITY ASSESSMENT BODIES

The following procedures shall apply with regard to the withdrawal from a Sectoral

Annex of a conformity assessment body:

(a) A Party proposing to withdraw a conformity assessment body listed in a Sectoral

Annex shall forward its proposal in writing to the other Party;
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(b) Such conformity assessment body shall be promptly notified by the other Party

and shall be provided a period of at least 30 days from receipt to provide

information in order to refute or to correct the deficiencies which form the basis

of the proposed withdrawal;

(c) Within 60 days following receipt of the proposal, the other Party shall indicate its

position regarding either its confirmation or its opposition. Upon confirmation, the

withdrawal from the list in the Sectoral Annex of the conformity assessment body

shall take effect;

(d) In the event the other Party opposes the proposal to withdraw by supporting the

technical competence and compliance of the conformity assessment body, the

conformity assessment body shall not at that time be withdrawn from the list of

conformity assessment bodies in the applicable Sectoral Annex. In this instance,

the Joint Sectoral Committee or the Joint Committee may decide to carry out a

joint verification of the body concerned. After the completion of such

verification, the proposal for withdrawal of the conformity assessment body may

be resubmitted to the other Party; and

(e) Subsequent to the withdrawal of a conformity assessment body listed in a

Sectoral Annex, a Party shall continue to accept the results of conformity

assessment procedures performed by that conformity assessment body prior to

withdrawal, unless a Regulatory Authority of the Party decides otherwise based

on health, safety and environmental considerations or failure to satisfy other

requirements within the scope of the applicable Sectoral Annex.
CE/USA/en 16

ARTICLE 10

MONITORING OF CONFORMITY ASSESSMENT BODIES

The following shall apply with regard to the monitoring of conformity assessment bodies

listed in a Sectoral Annex:

(a) Designating Authorities shall assure that their conformity assessment bodies listed

in a Sectoral Annex are capable and remain capable of properly assessing

conformity of products or processes, as applicable, and as covered in the

applicable Sectoral Annex. In this regard, Designating Authorities shall maintain,

or cause to maintain, ongoing surveillance over their conformity assessment

bodies by means of regular audit or assessment;

(b) The Parties undertake to compare methods used to verify that the conformity

assessment bodies listed in the Sectoral Annexes comply with the relevant

requirements of the Sectoral Annexes. Existing systems for the evaluation of

conformity assessment bodies may be used as part of such comparison

procedures;

(c) Designating Authorities shall consult as necessary with their counterparts, to

ensure the maintenance of confidence in conformity assessment procedures.

With the consent of both Parties, this consultation may include joint participation

in audits/inspections related to conformity assessment activities or other

assessments of conformity assessment bodies listed in a Sectoral Annex; and
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(d) Designating Authorities shall consult, as necessary, with the relevant Regulatory

Authorities of the other Party to ensure that all technical requirements are

identified and are satisfactorily addressed.

ARTICLE 11

CONFORMITY ASSESSMENT BODIES

Each Party recognizes that the conformity assessment bodies listed in the Sectoral

Annexes fulfil the conditions of eligibility to assess conformity in relation to its

requirements as specified in the Sectoral Annexes. The Parties shall specify the scope

of the conformity assessment procedures for which such bodies are listed.

ARTICLE 12

EXCHANGE OF INFORMATION

1. The Parties shall exchange information concerning the implementation of the

legislative, regulatory, and administrative provisions identified in the Sectoral Annexes.
CE/USA/en 18

2. Each Party shall notify the other Party of legislative, regulatory and administrative

changes related to the subject matter of this Agreement at least 60 days before their

entry into force. Where considerations of safety, health or environmental protection

require more urgent action, a Party shall notify the other Party as soon as practicable.

3. Each Party shall promptly notify the other Party of any changes to its Designating

Authorities and/or conformity assessment bodies.

4. The Parties shall exchange information concerning the procedures used to ensure

that the listed conformity assessment bodies under their responsibility comply with the

legislative, regulatory, and administrative provisions outlined in the Sectoral Annexes.

5. Regulatory Authorities identified in the Sectoral Annexes shall consult as necessary

with their counterparts, to ensure the maintenance of confidence in conformity

assessment procedures and to ensure that all technical requirements are identified

and are satisfactorily addressed.

ARTICLE 13

SECTORAL CONTACT POINTS

Each Party shall appoint and confirm in writing contact points to be responsible for

activities under each Sectoral Annex.
CE/USA/en 19

ARTICLE 14

JOINT COMMITTEE OF THE PARTIES

1. The Parties hereby establish a Joint Committee consisting of representatives of

each Party. The Joint Committee shall be responsible for the effective functioning of

the Agreement.

2. The Joint Committee may establish Joint Sectoral Committees comprised of

appropriate Regulatory Authorities and others deemed necessary.

3. Each Party shall have one vote in the Joint Committee. The Joint Committee shall

make its decisions by unanimous consent. The Joint Committee shall determine its own

rules and procedures.

4. The Joint Committee may consider any matter relating to the effective functioning

of this Agreement. In particular it shall be responsible for:

(a) listing, suspension, withdrawal and verification of conformity assessment bodies in

accordance with this Agreement;

(b) amending transitional arrangements in Sectoral Annexes;
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(c) resolving any questions relating to the application of this Agreement and its

Sectoral Annexes not otherwise resolved in the respective Joint Sectoral

Committees;

(d) providing a forum for discussion of issues that may arise concerning the

implementation of this Agreement;

(e) considering ways to enhance the operation of this Agreement;

(f) coordinating the negotiation of additional Sectoral Annexes; and

(g) considering whether to amend this Agreement or its Sectoral Annexes in

accordance with Article 21.

5. When a Party introduces new or additional conformity assessment procedures

affecting a Sectoral Annex, the Parties shall discuss the matter in the Joint Committee

with a view to bringing such new or additional procedures within the scope of this

Agreement and the relevant Sectoral Annex.
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ARTICLE 15

PRESERVATION OF REGULATORY AUTHORITY

1. Nothing in this Agreement shall be construed to limit the authority of a Party to

determine, through its legislative, regulatory and administrative measures, the level of

protection it considers appropriate for safety; for protection of human, animal, or plant

life or health; for the environment; for consumers; and otherwise with regard to risks

within the scope of the applicable Sectoral Annex.

2. Nothing in this Agreement shall be construed to limit the authority of a Regulatory

Authority to take all appropriate and immediate measures whenever it ascertains that

a product may: (a) compromise the health or safety of persons in its territory; (b) not

meet the legislative, regulatory, or administrative provisions within the scope of the

applicable Sectoral Annex; or (c) otherwise fail to satisfy a requirement within the

scope of the applicable Sectoral Annex. Such measures may include withdrawing the

products from the market, prohibiting their placement on the market, restricting their

free movement, initiating a product recall, and preventing the recurrence of such

problems, including through a prohibition on imports. If the Regulatory Authority takes

such action, it shall inform its counterpart authority and the other Party within fifteen

days of taking such action, providing its reasons.
CE/USA/en 22

ARTICLE 16

SUSPENSION OF RECOGNITION OBLIGATIONS

Either Party may suspend its obligations under a particular Sectoral Annex, in whole or

in part, if:

(a) a Party suffers a loss of market access for the Party’s products within the scope of

the Sectoral Annex as a result of the failure of the other Party to fulfil its obligations

under the Agreement;

(b) the adoption of new or additional conformity assessment requirements as

referenced in Article 14(5) results in a loss of market access for the Party’s

products within the scope of the Sectoral Annex because conformity assessment

bodies designated by the Party in order to meet such requirements have not

been recognized by the Party implementing the requirements; or

(c) the other Party fails to maintain legal and regulatory authorities capable of

implementing the provisions of this Agreement.
CE/USA/en 23

ARTICLE 17

CONFIDENTIALITY

1. Each Party agrees to maintain, to the extent required under its laws, the

confidentiality of information exchanged under this Agreement.

2. In particular, neither Party shall disclose to the public, nor permit a conformity

assessment body to disclose to the public, information exchanged under this

Agreement that constitutes trade secrets, confidential commercial or financial

information, or information that relates to an ongoing investigation.

3. A Party or a conformity assessment body may, upon exchanging information with

the other Party or with a conformity assessment body of the other Party, designate the

portions of the information that it considers to be exempt from disclosure.

4. Each Party shall take all precautions reasonably necessary to protect information

exchanged under this Agreement from unauthorized disclosure.
CE/USA/en 24

ARTICLE 18

FEES

Each Party shall endeavor to ensure that fees imposed for services under this

Agreement shall be commensurate with the services provided. Each Party shall ensure

that, for the sectors and conformity assessment procedures covered under this

Agreement, it shall charge no fees with respect to conformity assessment services

provided by the other Party.

ARTICLE 19

AGREEMENTS WITH OTHER COUNTRIES

Except where there is written agreement between the Parties, obligations contained in

mutual recognition agreements concluded by either Party with a party not a signatory

to this Agreement (a third party) shall have no force and effect with regard to the

other Party in terms of acceptance of the results of conformity assessment procedures

in the third party.
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ARTICLE 20

TERRITORIAL APPLICATION

This Agreement shall apply, on the one hand, to the territories in which the Treaty

establishing the European Community is applied, and under the conditions laid down

in that Treaty and, on the other hand, to the territory of the United States.

ARTICLE 21

ENTRY INTO FORCE, AMENDMENT AND TERMINATION

1. This Agreement including its Sectoral Annexes on Telecommunication Equipment,

Electromagnetic Compatibility, Electrical Safety, Recreational Craft, Pharmaceutical

Good Manufacturing Practices (GMPs), and Medical Devices shall enter into force on

the first day of the second month following the date on which the Parties have

exchanged letters confirming the completion of their respective procedures for the

entry into force of this Agreement.

2. This Agreement including any Sectoral Annex may, through the Joint Committee,

be amended in writing by the Parties. The Parties may add a Sectoral Annex upon the

exchange of letters. Such Annex shall enter into force 30 days following the date on

which the Parties have exchanged letters confirming the completion of their

respective procedures for the entry into force of the Sectoral Annex.
CE/USA/en 26

3. Either Party may terminate this Agreement in its entirety or any individual Sectoral

Annex thereof by giving the other Party six months notice in writing. In the case of

termination of one or more Sectoral Annexes, the Parties will seek to achieve by

consensus to amend this Agreement, with a view to preserving the remaining Sectoral

Annexes, in accordance with the procedures in this Article. Failing such consensus, the

Agreement shall terminate at the end of six months from the date of notice.

4. Following termination of the Agreement in its entirety or any individual Sectoral

Annex thereof, a Party shall continue to accept the results of conformity assessment

procedures performed by conformity assessment bodies under this Agreement prior to

termination, unless a Regulatory Authority in the Party decides otherwise based on

health, safety and environmental considerations or failure to satisfy other requirements

within the scope of the applicable Sectoral Annex.

ARTICLE 22

FINAL PROVISIONS

1. The Sectoral Annexes referred to in Article 21(1), as well as any New Sectoral

Annexes added pursuant to Article 21(2), shall form an integral part of this Agreement.

2. For a given product or sector, the provisions contained in the relevant Sectoral

Annexes shall apply in the first place, and the provisions of this text in addition to those

provisions. In the case of any inconsistency between the provisions of a Sectoral

Annex and this text, the Sectoral Annex shall prevail, to the extent of that

inconsistency.
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3. This Agreement shall not affect the rights and obligations of the Parties under any

other international agreement.

4. In the case of the Sectoral Annex on Medical Devices, the Parties shall review the

status of such Annex at the end of three years from entry into force.

This Agreement and the Sectoral Annexes are drawn up in two originals in the Danish,

Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and

Swedish languages, each text being equally authentic. In the event of inconsistencies

of interpretation, the English text shall be determinative.

U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 1

SECTORAL ANNEX

FOR

TELECOMMUNICATION EQUIPMENT

PREAMBLE

This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition of

Conformity Assessment between the United States and the European Community.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 2

SECTION I

LEGISLATIVE, REGULATORY AND ADMINISTRATIVE PROVISIONS

EC U.S.

Directive 98/13/EC of the European Parliament

and of the Council of 12 February 1998 relating

to telecommunications terminal equipment

and satellite earth station equipment, including

the mutual recognition of their conformity, and

interpretation thereof

(The Parties recognize that the Handbook on

the implementation of Directive 98/13/EC

(ADLNB and ACTE approved), provides useful

guidelines for the implementation of

conformity assessment procedures falling

under this Directive.);

Commission Decisions (CTRs) established under

Directive 98/13/EC;

The EC Member States’ legislation and

regulations in respect of:

(a) non-harmonized analogue connection

to the public telecommunications

network*;

(b) non-harmonized radio transmitters for

which there is a civilian equipment

authorization requirement;

* The EC agrees to seek authority to

include non-harmonized digital

connections;

For electrical safety, see Electrical Safety

Sectoral Annex to the Agreement;

For electromagnetic compatibility aspects, see

Electromagnetic Compatibility (EMC) Sectoral

Annex to the Agreement.

Communications Act of 1934, as amended by

the Telecommunication Act of 1996, (Title 47 of

the United States Code),

the U.S. regulatory and administrative provisions

in respect of telecommunication equipment,

including 47 CFR Part 68, and FCC

interpretation thereof;

(The Parties recognize that the FCC Form 730

Application Guide provides useful guidelines for

the implementation of conformity assessment

procedures for telecommunication terminal

equipment falling within these regulations.);

The U.S. regulatory and administrative

provisions in respect of all radio transmitters

subject to an equipment authorization

requirement. A non-exclusive list of FCC

regulations are contained in Section II;

For electrical safety, see Electrical Safety

Sectoral Annex to the Agreement;

For electromagnetic compatibility aspects, see

Electromagnetic Compatibility (EMC) Sectoral

Annex to the Agreement.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 3

SECTION II

SCOPE AND COVERAGE

1. This Sectoral Annex shall apply to equipment, interfaces, and services subject to

Section I. In general terms the provisions of this Sectoral Annex shall apply to the

following types of telecommunication terminal equipment, satellite terminal

equipment, radio transmitters, and information technology equipment:

(a) equipment intended for connection to the public telecommunications

network in order to send, process or receive information, whether the

equipment is to be connected directly to the "termination" of the network

or to inter-work with such a network, being connected directly or indirectly

to the termination point. The system of connection may be wire, radio,

optical or other electro-magnetic means;

(b) equipment capable of being connected to a public telecommunications

network even if it is not its intended purpose, including information

technology equipment having a communication port; and

(c) all radio transmitters subject to an equipment authorization procedure by

either Party.

2. The following is a non-exclusive list of the equipment, interfaces, and services

included within the scope of this Sectoral Annex:
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 4

SECTION II (continued)

SCOPE AND COVERAGE

EC U.S.

The following equipment categories are

included:

ISDN Basic Rate Access

ISDN Primary Rate Access

ISDN Telephony

X21/V.24/V.35 Access

X25 Access

PSTN Non-Voice

PSTN Voice Band (Analog)

ONP Leased Line Terminal types:

-64 kbits/sec

-2048 kbits/s unstructured

-2048 kbits/s structured

-34 Mbits/s access

-140 Mbits/s access

-2 wire analogue

-4 wire analogue

Radio transmitters subject to an equipment

authorization requirement, including:

-Short range devices, including low power

devices such as cordless

telephones/microphones;

-Land mobile, including:

- Private Mobile Radio (PMR/PAMR)

- Mobile telecom

- Paging systems

- Terrestrial fixed

- Satellite mobile

- Satellite fixed

- Broadcast

- Radio determination

Equipment categories covered under 47 CFR

Part 68, including:

ISDN Basic Access

ISDN Primary Rate Access

Digital Service Access:

2.4 kbps

3.2 kbps (2.4 kbps with Secondary Channel)

4.8 kbps

6.4 kbps (4.8 kbps with SC)

9.6 kbps

12.8 kbps (9.6 kbps with SC)

19.2 kbps

25.0 kbps (19.2 kbps with SC)

56.0 kbps

64.0 kbps (uses 72 kbps channel)

72.0 kbps (56.0 kbps with SC)

1.544 Mbps

2 wires analog tie trunks/ops

4 wire analog tie trunks/ops

PSTN Voice Band (Analog) Access

Private Line (Analog) Access

Radio transmitters subject to an equipment

authorization requirement, including:

Commercial Mobile Radio (Part 20)

Domestic Public Fixed

Domestic Mobile (Part 22)

Personal Communication Service(Part 24)

Satellite Communications (Part 25)

Broadcast

Auxiliary Broadcast

Cable Television Radio (Part 78)

Maritime (Part 80)

GMDSS (Part 80W)

Private Land Mobile

Private-Fixed Microwave (Part 94)

Personal Radio Services (Part 95)

IVDS (Part 95 F)

Amateur Radio

Radio Frequency Devices (Part 15)

Fixed Microwave Services (Part 101)

Note: A list of acronyms and a glossary is contained in Appendix I to this Sectoral

Annex.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 5

SECTION III

CONFORMITY ASSESSMENT PROCEDURES

FOR TELECOMMUNICATION EQUIPMENT

1. Description of Mutual Recognition Obligations

In accordance with the provisions of the Agreement, the results of the conformity

assessment procedures produced by a Party’s conformity assessment bodies listed in

Section V shall be recognized by the Regulatory Authorities of the other Party without

any further conformity assessment of the products, pursuant to Section I.

2. Conformity Assessment Procedures

Taking into account the legislative, regulatory, and administrative provisions as

identified in Section I, each Party recognizes that the conformity assessment bodies of

the other Party, listed in Section V, are authorized to perform the following procedures

with regard to the importing Party’s technical requirements for telecommunication

terminal equipment, satellite terminal equipment, radio transmitters or information

technology equipment:

(a) testing and issuing of test reports;

(b) issuing certificates of conformity to the requirements of the laws and regulations

applicable in the territories of the Parties for products covered under this Sectoral

Annex; and

(c) performing quality assurance certification pursuant to Directive 98/13/EC.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 6

SECTION IV

AUTHORITIES RESPONSIBLE FOR DESIGNATING THE

CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V

EC U.S.

Belgium

Institut belge des services postaux et des

télécommunications

Belgisch instituut voor postdiensten en

telecommunicatie

Denmark:

Telestyrelsen

Germany:

Bundesministerium für Wirtschaft

Greece:

=ΞΩ]ΨΚΜΓΩ 5Μ∴ΙφΩΨφΥ ΡΙΘ .ΞΘΡΩΘΥαΥΘφΥ

Ministry of Transport and Communications

Spain:

Ministerio de Fomento

France:

Ministère de l'économie, des finances et de

l'industrie

Ireland:

Department of Transport, Energy and

Communications

Italy:

Ispettorato Generale TLC

Luxembourg:

Administration des Postes et

Télécommunications

Netherlands:

De Minister van Verkeer en Waterstaat

Austria:

Bundesministerium für Wissenschaft und

Verkehr

Portugal:

Instituto das Communicações de Portugal

Finland:

Liikenneministeriö/Trafikministeriet

Telehallintokeskus/Teleförvaltningscentralen

Sweden:

Under the authority of the Government of

Sweden: Styrelsen för ackreditering och teknisk

kontroll (SWEDAC)

UK:

Department of Trade and Industry

National Institute of Standards and Technology

(NIST)

Federal Communications Commission (FCC)
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 7

SECTION V

CONFORMITY ASSESSMENT BODIES

EC access to US market U.S. access to EC market

Conformity assessment bodies located

in the EC shall be designated by the

Authorities identified in Section IV

following the procedures set out in

Section VI of this Annex.

(to be provided by the EC)

Conformity assessment bodies located

in the U.S. shall be designated by the

Authorities identified in Section IV

following the procedures set out in

Section VI of this Annex.

(to be provided by the U.S.)
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 8

SECTION VI

DESIGNATING, LISTING, SUSPENDING, WITHDRAWING AND MONITORING

CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V

EC access to U.S. market: U.S. access to EC market:

EC Authorities identified in Section IV

shall designate conformity assessment

bodies located in the EC in accordance

with the U.S. legislative, regulatory, and

administrative provisions identified in

Section I that govern designation of

conformity assessment bodies, based on

compliance with the appropriate

ISO/IEC Guides (e.g. Guide 22, 25, 28,

58, 61, 62, 65, etc.) or the comparable

EN-45000 Series Standards.

Procedures for designating, listing,

suspending, withdrawing, and

monitoring a conformity assessment

body listed in Section V shall be

undertaken pursuant to Articles 7, 8, 9

and 10 of the Agreement.

U.S. Authorities identified in Section IV

shall designate conformity assessment

bodies located in the U.S. in

accordance with the EC legislative,

regulatory, and administrative provisions

identified in Section I that govern

designation of conformity assessment

bodies, based on compliance with the

appropriate EN-45000 Series Standards

or the comparable ISO/IEC Guides (e.g.

Guide 22, 25, 28, 58, 61, 62, 65, etc.).

Procedures for designating, listing,

suspending, withdrawing, and

monitoring a conformity assessment

body listed in Section V shall be

undertaken pursuant to Articles 7, 8, 9

and 10 of the Agreement.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 9

SECTION VII

ADDITIONAL PROVISIONS

1. SUB-CONTRACTING

1.1. Any sub-contracting by conformity assessment bodies shall be in accordance

with the sub-contracting requirements of the other Party. Notwithstanding the

use of sub-contracting, the final results of conformity assessment remain the full

responsibility of the listed conformity assessment body. In the EC, these

requirements are described in Council Decision 93/465/EEC.

1.2. The conformity assessment bodies shall record and retain details of their

investigation of the competence and compliance of their subcontractors and

maintain a register of all sub-contracting. These details will be available to the

other Party on request.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 10

2. POST-MARKET SURVEILLANCE, BORDER MEASURES AND INTERNAL MOVEMENT

2.1. For the purpose of post-market surveillance, the Parties may maintain any existing

labelling and numbering requirements. The assignment of the numbers may

take place in the territory of the exporting Party. The numbers will be allocated

by the importing Party. Numbering and labelling systems shall not introduce

additional requirements within the meaning of this Sectoral Annex.

2.2. Nothing in this Sectoral Annex shall prevent the Parties from removing products

from the market that do not in fact conform to the requirements for approval.

2.3. The Parties agree that border inspections and checks of products which have

been certified, labelled or marked as conforming with the importing Party's

requirements specified in Section I shall be completed as expeditiously as

possible. With regard to any inspections related to internal movement within

their respective territories, the Parties agree that these shall be completed in no

less a favourable manner than for like-domestic goods.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 11

3. JOINT SECTORAL COMMITTEE

3.1. A combined Joint Sectoral Committee for this Sectoral Annex and the

Electromagnetic Compatibility (EMC) Sectoral Annex is hereby established (the

JSC). The JSC shall operate during the transitional period and after completion

of the transitional arrangement. The JSC shall meet as appropriate to discuss

technical, conformity assessment and technology issues relating to this Sectoral

Annex and the EMC Sectoral Annexes. The JSC shall determine its own rules of

procedure.

3.2. The JSC consists of representatives of the U.S. and the EC for telecommunications

and EMC. JSC representatives may each invite manufacturers and other

entities as deemed necessary. The representatives for the U.S. shall have one

vote in the JSC. The representatives of the EC shall have one vote in the JSC.

Decisions of the JSC shall be made by unanimous consent. In the event of

disagreement either the U.S. or EC representative may raise the matter in the

Joint Committee.

3.3. The JSC may address any matter related to the effective functioning of this

Sectoral Annex, including:

(a) providing a forum for discussion of issues and resolving problems that may

arise concerning the implementation of this Sectoral Annex;

(b) developing a mechanism for ensuring consistency of interpretations of

legislation, regulations, standards, and conformity assessment

procedures;
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 12

(c) advising the Parties on matters relating to this Sectoral Annex; and

(d) providing guidance and, if necessary, developing guidelines during the

transitional period to facilitate the successful completion of the

transitional period.

4. CONTACT POINT

Each Party shall establish a contact point to provide answers to all reasonable

inquiries from the other Party regarding procedures, regulations, and complaints

under this Sectoral Annex.

5. REGULATORY CHANGES AND UPDATING THE SECTORAL ANNEX

In the event that there are changes to the legislative, regulatory, and

administrative provisions referenced in Section I or the introduction of new

legislative, regulatory, and administrative provisions affecting either Party’s

conformity assessment procedures under the Agreement, such changes shall

take effect for the purpose of this Sectoral Annex at the same time they take

effect domestically within the territory of each Party. The Parties shall update

this Sectoral Annex to reflect the changes.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 13

SECTION VIII

TRANSITIONAL ARRANGEMENT

1. There shall be a transitional period of 24 months.

2. The purpose of this transitional arrangement is to provide a means whereby the

Parties to the Agreement can build confidence in and an understanding of

each other's system for designating and listing conformity assessment bodies

and in the ability of these bodies to test and certify products. Successful

completion of the transitional arrangement should result in the determination

that conformity assessment bodies listed in Section V comply with the

applicable criteria and are competent to conduct conformity assessment

activities on behalf of the other Party. Upon successful completion of the

transition period, the results of conformity assessment procedures performed by

the exporting Party’s conformity assessment bodies listed in Section V of the

exporting country shall be accepted by the importing Party.

3. This transitional period shall be used by the Parties:

(a) to consider new legislative changes needed to support the objectives of

the Agreement;

(b) to initiate regulatory changes needed to support the objectives of the

Agreement;
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 14

(c) to exchange information on and develop better understanding of their

respective regulatory requirements;

(d) to develop mutually agreed mechanisms for exchanging information on

changes in technical requirements or methods of designating conformity

assessment bodies; and

(e) to monitor and evaluate the performance of the listed conformity

assessment bodies during the transitional period.

4. Parties may designate, list, suspend and withdraw conformity assessment bodies

during the transitional period according to the procedures in Section VI of this

Sectoral Annex.

5. During the transitional period each Party shall accept and evaluate test reports

and related documents issued by designated conformity assessment bodies of

the other Party. To this end, the Parties shall ensure that:

(a) on receipt of test reports, related documents and a first evaluation of

conformity, the dossiers are promptly examined for completeness;

(b) the applicant is informed in a precise and complete manner of any

deficiency;
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 15

(c) any request for additional information is limited to omissions, inconsistencies

or variances from the technical regulations or standards; and

(d) procedures for assessing the conformity for equipment, modified

subsequent to a determination of compliance, are limited to procedures

necessary to determine continued conformance.

6. Each Party ensures that issuance of approvals, certificates, or advice to the

applicant shall be given no later than six weeks from receipt of the test report

and evaluation from a designated conformity assessment body in the territory of

the other Party.

7. Any proposal made during or at the end of the transitional period to limit the

scope of recognition of any designated conformity assessment body or to

exclude it from the list of bodies designated under this Sectoral Annex shall be

based on objective criteria and documented. Any such body may apply for

reconsideration once the necessary corrective action has been taken. To the

extent possible, the Parties shall implement such action prior to the expiry of the

transitional period.

8. The Parties may jointly sponsor two seminars, one in the U.S. and one in the

European Community, concerning the relevant technical and product

approval requirements during the first year after this Sectoral Annex enters into

force.

9. Passage from the transitional phase into the operational phase in this Sectoral

Annex shall take place provided that a representative number of conformity

assessment bodies have been accepted for recognition under the Electrical

Safety Annex.
U.S. - EC MRA Telecommunication Equipment Annex

CE/USA/Annex/en 16

APPENDIX 1

LISTS OF ACRONYMS AND GLOSSARY

ACTE Approvals Committee for Terminal Equipment

ADLNB Association of Designated Laboratories and Notified Bodies

CAB Conformity Assessment Body

CFR U.S. Code of Federal Regulations, Title 47 CFR

CTR Common Technical Regulation

EC European Community

EEC European Economic Community

EN Norme Européenne (European Standard)

EU European Union

FCC Federal Communications Commission

IEC International Electrotechnical Commission

ISDN Integrated Services Digital Network

ISO International Standards Organization

ITU International Telecommunications Union

MRA Mutual Recognition Agreement

MS Member States (of the European Union)

NB Notified Bodies

NIST National Institute of Standards and Technology

OJ Official Journal (of the European Union)

ONP Open Network Provision

PSTN Public Switched Telephone Network

STG Sectoral Technical Group for Telecommunications

TBR Technical Basis for Regulation

X21 ITU-T Recommendation X21

X25 ITU-T Recommendation X25
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 17

SECTORAL ANNEX

FOR

ELECTROMAGNETIC COMPATIBILITY

(EMC)
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 18

PREAMBLE

This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition of

Conformity Assessment between the United States and the European Community.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 19

SECTION I

LEGISLATIVE, REGULATORY AND ADMINISTRATIVE PROVISIONS

EC U.S.

Council Directive 89/336/EEC, as

amended by Council

Directive 92/31/EEC, and

Directive 98/13/EC of the European

Parliament and of the Council and

interpretation thereof.

For electrical safety aspects see

Electrical Safety Sectoral Annex to the

Agreement.

For telecommunication equipment

and radio transmitters, see also

Telecommunication Equipment

Sectoral Annex to the Agreement.

Communications Act of 1934, as

amended by the Telecommunication

Act of 1996, (Title 47 of the United States

Code),

the U.S. regulatory and administrative

provisions in respect of equipment

subject to electromagnetic

requirements including:

 47 CFR Part 15

 47 CFR Part 18,

and FCC interpretation thereof.

For electrical safety aspects see

Electrical Safety Sectoral Annex to the

Agreement.

For telecommunication equipment and

radio transmitters, see also

Telecommunication Equipment Sectoral

Annex to the Agreement.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 20

SECTION II

SCOPE AND COVERAGE

US access to the EC market: EC access to the US market:

Any product falling under the scope

of Council Directive 89/336/EEC.

Any products falling under the scope

of 47 CFR Part 15 and 18.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 21

SECTION III

CONFORMITY ASSESSMENT PROCEDURES

FOR EQUIPMENT IDENTIFIED IN SECTION II

1. Description of Mutual Recognition Obligations

In accordance with the provisions of the Agreement, the results of the conformity

assessment procedures produced by a Party's conformity assessment bodies listed

in Section V, shall be recognized by the Regulatory Authorities of the other Party

without any further conformity assessment of the products, pursuant to Section I.

2. Conformity Assessment Procedures

Taking into account the legislative, regulatory, and administrative provisions as

identified in Section I, each Party recognizes that the conformity assessment bodies

of the other Party, listed in Section V, are authorized to perform the following

procedures with regard to the importing Party's technical requirements for

equipment identified in Section II:

(a) testing and issuing of test reports;

(b) issuing certificates of conformity to the requirements of the laws and regulations

applicable in the territories of the Parties for products covered under this

Sectoral Annex.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 22

SECTION IV

AUTHORITIES RESPONSIBLE FOR DESIGNATING THE

CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V

EC U.S.

 Belgium

Ministère des Affaires Economiques

Ministerie van Economische Zaken

 Denmark

for telecommunication equipment:

Telestyrelsen

for other equipment:

Danmarks Elektriske Materielkontrol

(DEMKO)

 Germany

Bundesministerium für Wirtschaft

 Greece

=ΞΩ]ΨΚΜΓΩ 5Μ∴ΙφΩΨφΥ ΡΙΘ .ΞΘΡΩΘΥαΥΘφΥ

Ministry of Transport and

Communications

 Spain

for telecommunication equipment:

Ministerio de Fomento

for other equipment:

Ministerio de Industria y Energía

 France

Ministère de l'économie, des finances et de l'industrie

 Ireland

Department of Transport, Energy and

Communications

 Italy

Ministero dell'Industria, del Commercio e dell'

Artigianato

 Luxembourg

Ministère des Transports

 Netherlands

De Minister van Verkeer en Waterstaat

 Austria

for telecommunication equipment:

Bundesministerium für Wissenschaft und Verkehr

for other equipment:

Bundesministerium für wirtschaftliche

Angelegenheiten

 Portugal

Instituto Português das Comunicaçôes de Portugal

 Finland

for telecommunication equipment:

Liikenneministeriö/Trafikministeriet

for other equipment:

Kauppa- ja teollisuusministeriö/Handels-och

industriministeriet

 Sweden

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontroll (SWEDAC)

 UK

National Institute for Standards and Technology

(NIST)

Federal Communications Commission

(FCC)

Federal Aviation Administration

(FAA)
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 23

Department of Trade and Industry
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 24

SECTION V

CONFORMITY ASSESSMENT BODIES

EC access to the U.S. market: U.S. access to the EC market:

Conformity assessment bodies

located in the EC shall be

designated by the Authorities

identified in Section IV following the

procedures set out in Section VI of

this Annex.

(to be provided by the EC)

Conformity assessment bodies

located in the U.S. shall be

designated by the Authorities

identified in Section IV following the

procedures set out in Section VI of

this Annex.

(to be provided by the U.S.)
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 25

SECTION VI

DESIGNATING, LISTING, SUSPENDING, WITHDRAWING

AND MONITORING CONFORMITY ASSESSMENT BODIES

LISTED IN SECTION V

EC Access to U.S. Market: U.S. Access to EC Market:

EC Authorities identified in Section IV

shall designate conformity assessment

bodies located in the EC in

accordance with the U.S. legislative,

regulatory, and administrative

provisions identified in Section I that

govern designation of conformity

assessment bodies, based upon

compliance with the appropriate

ISO/IEC Guides (e.g. Guide 22, 25, 28,

58, 61, 62, 65, etc.) or the comparable

EN-45000 Series Standards.

Procedures for designating, listing,

suspending, withdrawing, and

monitoring a conformity assessment

body listed in Section V shall be

undertaken pursuant to Articles 7, 8, 9,

and 10 of the Agreement.

U.S. Authorities identified in Section IV

shall designate conformity assessment

bodies located in the U.S. in

accordance with the EC legislative,

regulatory, and administrative

provisions identified in Section I that

govern designation of conformity

assessment bodies, based on

compliance with the appropriate

EN-45000 Series Standards or the

comparable ISO/IEC Guides (e.g.

Guide 22, 25, 28, 58, 61, 62, 65, etc.).

Procedures for designating, listing,

suspending, withdrawing, and

monitoring a conformity assessment

body listed in Section V shall be

undertaken pursuant to Articles 7, 8, 9,

and 10 of the Agreement.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 26

SECTION VII

ADDITIONAL PROVISIONS

1. SUB-CONTRACTING

1.1. Any sub-contracting by conformity assessment bodies shall be in accordance

with the sub-contracting requirements of the other Party. Notwithstanding the

use of sub-contracting, the final results of conformity assessment remain the full

responsibility of the listed conformity assessment body. In the EC, these

requirements are described in Council Decision 93/465/EEC.

1.2. The conformity assessment bodies shall record and retain details of its

investigation of the competence and compliance of its sub-contractors and

maintain a register of all sub-contracting. These details will be available to the

other Party on request.

2. POST-MARKET SURVEILLANCE, BORDER MEASURES AND INTERNAL MOVEMENT

2.1. For the purpose of post-market surveillance, the Parties may maintain any existing

labeling and numbering requirements. The assignment of the numbers may take

place in the territory of the exporting Party. The numbers will be allocated by the

importing Party. Numbering and labeling systems shall not introduce additional

requirements within the meaning of this Sectoral Annex.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 27

2.2. Nothing in this Sectoral Annex shall prevent the Parties from removing products

from the market that do not in fact conform to the requirements for approval.

2.3. The Parties agree that border inspections and checks of products which have

been certified, labeled or marked as conforming with the importing Party's

requirements specified in Section I shall be completed as expeditiously as

possible. With regard to any inspections related to internal movement within their

respective territories, the Parties agree that these shall be completed in no less a

favorable manner than for like-domestic goods.

3. JOINT SECTORAL COMMITTEE

3.1. A combined Joint Sectoral Committee for this Sectoral Annex and the

Telecommunications Equipment Sectoral Annex is hereby established (the JSC).

The JSC shall operate during the transitional period and after completion of the

transitional arrangement. The JSC shall meet as appropriate to discuss technical,

conformity assessment and technology issues relating to this Sectoral Annex and

the Telecommunications Equipment Sectoral Annex. The JSC shall determine its

own rules of procedure.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 28

3.2. The JSC consists of representatives of the U.S. and the EC for telecommunications

and EMC. JSC representatives may each invite manufacturers and other entities

as deemed necessary. The representatives for the U.S. shall have one vote in the

JSC. The representatives of the EC shall have one vote in the JSC. Decisions of

the JSC shall be made by unanimous consent. In the event of disagreement

either the U.S. or EC representatives may raise the matter in the Joint Committee.

3.3. The JSC may address any matter related to the effective functioning of this

Sectoral Annex, including:

(a) providing a forum for discussion of issues and resolving problems that may

arise concerning the implementation of this Sectoral Annex;

(b) developing a mechanism for ensuring consistency of interpretations of

legislation, regulations, standards, and conformity assessment procedures;

(c) advising the Parties on matters relating to this Sectoral Annex;

(d) providing guidance and, if necessary, developing guidelines during the

transitional period to facilitate the successful completion of the transitional

period.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 29

4. CONTACT POINT

Each Party shall establish a contact point to provide answers to all reasonable

inquiries from the other Party regarding procedures, regulations and complaints

under this Sectoral Annex.

5. REGULATORY CHANGES AND UPDATING THE SECTORAL ANNEX

In the event that there are changes to the legislative, regulatory and

administrative provisions referenced in Section I or the introduction of new

legislative, regulatory and administrative provisions affecting either Party's

conformity assessment procedures under the Agreement, such changes shall

take effect for the purpose of this Sectoral Annex at the same time they take

effect domestically within the territory of each Party. The Parties shall update this

Sectoral Annex to reflect the changes.
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 30

SECTION VIII

TRANSITIONAL ARRANGEMENT

1. There shall be a transitional period of 24 months.

2. The purpose of this transitional arrangement is to provide a means whereby the

Parties to the Agreement can build confidence in and understanding of each

others system for designating and listing conformity assessment bodies and in the

ability of these bodies to test and certify products. Successful completion of the

transition arrangement should result in the determination that conformity

assessment bodies listed in Section V comply with the applicable criteria and are

competent to conduct conformity assessment activities on behalf of the other

Party. Upon completion of the transition period, the results of conformity

assessment procedures performed by the exporting Party's conformity assessment

bodies listed in Section V shall be accepted by the importing Party.

3. This transitional period shall be used by the Parties:

(a) to consider new legislative changes needed to support the objectives of the

Agreement;

(b) to initiate regulatory changes needed to support the objectives of the

Agreement;
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 31

(c) to exchange information on and develop better understanding of their

respective regulatory requirements;

(d) to develop mutually agreed mechanisms for exchanging information on

changes in technical requirements or methods of designating conformity

assessment bodies; and

(e) to monitor and evaluate the performance of the listed conformity assessment

bodies during the transitional period.

4. Parties may designate, list, suspend and withdraw conformity assessment bodies

during the transitional period according to the procedures in Section VI of this

Sectoral Annex.

5. During the transitional period each Party shall accept and evaluate test reports

and related documents issued by designated conformity assessment bodies of

the other Party. To this end, the Parties shall ensure that:

(a) on receipt of test reports, related documents and a first evaluation of

conformity, the dossiers are promptly examined for completeness;

(b) the applicant is informed in a precise and complete manner of any

deficiency;
U.S. - EC MRA Electromagnetic Compatibility Annex

CE/USA/Annex/en 32

(c) any request for additional information is limited to omissions, inconsistencies or

variances from the technical regulations or standards;

(d) procedures for assessing the conformity for equipment modified subsequent

to a determination of compliance, are limited to procedures necessary to

determine continued conformance.

6. Each Party ensures that issuance of approvals, certificates or advice to the

applicant shall be given no later than six weeks from receipt of the test report

and evaluation from a designated conformity assessment body in the territory of

the other Party.

7. Any proposal made during or at the end of the transitional period to limit the

scope of recognition of any designated conformity assessment body or to

exclude it from the list of bodies designated under this Sectoral Annex shall be

based on objective criteria and documented. Any such body may apply for

reconsideration once the necessary corrective action has been taken. To the

extent possible, the Parties shall implement such action prior to the expiry of the

transitional period.

8. The Parties may jointly sponsor two seminars, one in U.S. and one in the European

Community, concerning the relevant technical and product approval

requirements during the first year after this Sectoral Annex enters into force.

9. Passage from the transitional phase into the operational phase in this Sectoral

Annex shall take place provided that a representative number of conformity

assessment bodies have been accepted for recognition under the Electrical

Safety Annex.
U.S. - EC MRA Electrical Safety Annex

CE/USA/Annex/en 33

SECTORAL ANNEX

FOR

ELECTRICAL SAFETY

PREAMBLE

This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition

between the United States and the European Community.
U.S. - EC MRA Electrical Safety Annex

CE/USA/Annex/en 34

SECTION I

LEGISLATIVE, REGULATORY AND ADMINISTRATIVE PROVISIONS

U.S. access to the EC market: EC access to the U.S. market :

Council Directive 73/23/EEC of

19 February 1973 as amended

by Directive 98/13/EC of the

European Parliament and of the

Council.

For medical devices, see the

Medical Devices Sectoral

Annex to this Agreement.

For electromagnetic

compatibility aspects, see the

Electromagnetic Compatibility

(EMC) Sectoral Annex to this

Agreement.

For telecommunication

equipment, see the

Telecommunication Equipment

Sectoral Annex to this

Agreement.

29 U.S.C. 651 et seq.

U.S. 29 CFR 1910.7

Products that are certified or

approved under the Federal Mine

Safety and Health Act (30 U.S.C. 801

et seq.) or its regulations and used in

areas under the authority of the Mine

Safety and Health Administration, are

not covered under this Annex.

Occupational Safety and Health

Administration (OSHA) will consider

regulatory and legislative changes

needed to support the objectives of

the MRA.

For medical devices, see the Medical

Devices Sectoral Annex to this

Agreement.

For electromagnetic compatibility

aspects, see the Electromagnetic

Compatibility (EMC) Sectoral Annex

to this Agreement.

For telecommunication equipment,

see the Telecommunication

Equipment Sectoral Annex to this

Agreement.
U.S. - EC MRA Electrical Safety Annex

CE/USA/Annex/en 35

SECTION II

SCOPE AND COVERAGE

U.S. access to the EC market: EC access to the U.S. market:

The electrical safety requirements of

products falling under the scope of

Council Directive 73/23/EEC on the

harmonization of the laws of the Member

States relating to electrical equipment

designed for use within certain voltage

limits.

The electrical safety requirements of

products falling under the scope of

29 CFR 1910 subpart S. This includes

the electrical safety aspects for

workplace safety of medical

equipment and telecommunication

terminal equipment within the scope

of those Sectoral Annexes.

Products that are certified or

approved under the Federal Mine

Safety and Health Act (30 U.S.C. 801

et seq.) or its regulations and used in

areas under the authority of the Mine

Safety and Health Administration, are

not covered under this Annex.
U.S. - EC MRA Electrical Safety Annex

CE/USA/Annex/en 36

SECTION III

DESCRIPTION OF MUTUAL RECOGNITION OBLIGATIONS

In accordance with the provisions of the Agreement, EC conformity assessment bodies

listed in Section V of this Annex shall be recognized to test, certify and mark products

within the scope of their Nationally Recognised Testing Laboratory (NRTL) recognition

for assessing conformity to U.S. requirements.

With regard to U.S. conformity assessment bodies listed in Section V of this Annex, in the

event of a challenge within the European Community under Article 8(2) of Council

Directive 73/23/EEC of 19 February 1973, test reports issued by such conformity

assessment bodies shall be accepted by the European Community Authorities in the

same way that reports from European Community notified bodies are accepted. That

is, (listed conformity assessment bodies) in the U.S. shall be recognized under Article 11

of Council Directive 73/23/EEC as "bodies which may make a report in accordance

with Article 8."
U.S. - EC MRA Electrical Safety Annex

CE/USA/Annex/en 37

SECTION IV

AUTHORITIES RESPONSIBLE FOR DESIGNATING THE

CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V

EC access to the U.S. market: U.S. access to the EC market:

 Belgium

Ministère des Affaires Economiques

Ministerie van Economische Zaken

 Denmark

Boligministeriet

 Germany

Bundesministerium für Arbeit und Sozialordnung

 Greece

=ΞΩ]ΨΚΜΓΩ ∗Υ∆Ξ∴]ςΟΖ

Ministry of Development

 Spain

Ministerio de Industria y Energía

 France

Ministère de l'économie, des finances et de l'industrie

 Ireland

Department of Enterprise and

Employment

 Italy

Ministero dell'Industria, del Commercio e

dell' Artigianato

 Luxembourg

Ministère des Transports

 Netherlands

Staat der Nederlanden

 Austria

Bundesministerium für wirtschaftliche

Angelegenheiten

 Portugal

Under the authority of the Government of Portugal:

Instituto Português da Qualidade

 Finland

Kauppa- ja teollisuusministeriö/Handels-och

industriministeriet

 Sweden

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontroll

(SWEDAC)

 UK

Department of Trade and Industry

National Institute for Standards and Technology

(NIST)
U.S. - EC MRA Electrical Safety Annex

CE/USA/Annex/en 38

SECTION V

CONFORMITY ASSESSMENT BODIES

EC access to the U.S. market: U.S. access to the EC market:

The names and scope of responsibilities of

Conformity Assessment Bodies located in the

EC and listed in accordance with this

Sectoral Annex:

(to be provided by the EC)

The names and scope of responsibilities

of Conformity Assessment Bodies

located in the U.S. and listed in

accordance with this Sectoral Annex:

(to be provided by the U.S.)
U.S. - EC MRA Electrical Safety Annex

CE/USA/Annex/en 39

SECTION VI

DESIGNATING, LISTING, SUSPENDING AND WITHDRAWING

CONFORMITY ASSESSMENT BODIES

EC access to the U.S. market: U.S. access to the EC market:

Conformity assessment bodies from the EC

shall be designated by the EC Authorities

identified in Section IV and recognized by the

Joint Committee, in accordance with the

recognition procedures in the Agreement and

this Annex.

Conformance with the appropriate ISO/IEC

Guides or the corresponding EN 45000 series

of standards shall be deemed consistent with

U.S. requirements identified in Section I.

For purposes of designation and listing, EC

Designating Authorities identified in Section IV

shall designate conformity assessment bodies

located in the EC by filing a properly

prepared proposal for listing, which includes a

complete lab assessment under the U.S. OSHA

procedures. OSHA shall notify the EC

Designating Authority normally within 30 days

as to whether the proposal is complete or

whether additional information is required.

OSHA shall rely on the EC Designating

Authorities identified in Section IV for

conducting on-site reviews at the respective

Member States' conformity assessment

bodies.

Conformity assessment bodies from

the U.S. shall be designated by the U.S.

Authority identified in Section IV and

recognized by the Joint Committee, in

accordance with the recognition

procedures in the Agreement and

Council Directive 73/23/EEC.

Conformance with the appropriate

EN-45000 series of standards or the

corresponding ISO/IEC Guides shall be

deemed consistent with the

requirements of Council

Directive 73/23/EEC.

For purposes of designating and listing,

the U.S. Designating Authority

identified in Section IV shall designate

conformity assessment bodies located

in the U.S. by filing a properly prepared

proposal for listing with the EC, which

includes a complete lab assessment

under the following EC or Member

State procedures, as appropriate.

The EC shall notify the U.S. Designating

Authority within 30 days as to whether

the proposal is complete and shall

indicate, where applicable, any

additional information that is required.
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CE/USA/Annex/en 40

SECTION VI (continued)

Upon receipt of a complete proposal, the U.S.

exercising its authority under its law shall:

(a) prior to the passage from the transitional

phase into the operational phase in the

Telecommunication Equipment and

Electromagnetic Compatibility (EMC)

Sectoral Annexes, give notice of its

consent or objection to a proposed

conformity assessment body to the Joint

Committee. The listing of an agreed

conformity assessment body in Section V

of this Sectoral Annex shall only occur

upon such passage from the transitional

phase into the operational phase of those

Sectoral Annexes;

(b) subsequent to passage from the

transitional phase into the operational

phase in the Telecommunication

Equipment and Electromagnetic

Compatibility (EMC) Sectoral Annexes,

give notice of its consent or objection to a

proposed conformity assessment body to

the Joint Committee normally within 120

business days. The listing of an agreed

conformity assessment body in Section V

of this Sectoral Annex shall occur upon

notice of consent to the Joint Committee

and the Joint Committee's decision to list

such body.

These listing procedures shall supersede the

procedures in Article 7(c) of the Agreement in

its entirety and the time periods set out in

Article 7(d) of the Agreement.

EC conformity assessment bodies listed in

Section V shall have NRTL status in the U.S.

Upon receipt of a complete proposal,

the EC shall give notice of consent or

objection to the Joint Committee

within 60 days. The Joint Committee

shall monitor the recognition of

conformity assessment bodies and

confirm such a recognition by listing

them in Section V of this Sectoral

Annex.

The U.S. conformity assessment bodies

listed in Section V shall have Notified

Body status within the EC.
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CE/USA/Annex/en 41

SECTION VI (continued)

With regard to the suspension of a conformity

assessment body listed in this Sectoral Annex,

the period specified in Article 8(e) of the

Agreement shall begin to run after a Party has

notified the Joint Sectoral Committee or the

Joint Committee, pursuant to Article 8(c) of

the Agreement, that it proposes to revoke the

conformity assessment body's recognition in

accordance with its procedures under its

applicable domestic law.

Except as provided for in this Section,

procedures for designation, listing, suspension

and withdrawal of conformity assessment

bodies under this Sectoral Annex shall be

carried out in accordance with Articles 7, 8

and 9 of the Agreement.
U.S. - EC MRA Electrical Safety Annex

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SECTION VII

JOINT SECTORAL COMMITTEE FOR ELECTRICAL SAFETY

1. The Joint Sectoral Committee for Electrical Safety (JSC/ES) consists of

representatives of the U.S. and the EC. OSHA shall represent the U.S. on this Joint

Sectoral Committee. The EC and OSHA may invite the participation of others as

deemed necessary. Each Party shall have one vote and decisions shall be made

by unanimous consent, unless otherwise specified herein. The Joint Sectoral

Committee shall determine its own rules of procedure.

2. The Joint Sectoral Committee may address any matter related to the effective

functioning of this Sectoral Annex, including:

 developing improved procedures and criteria for designation in order to

facilitate the assessment and preparation of proposals by Designating

Authorities, with a view towards expediting the period between designation

and listing;

 providing a forum for discussion of issues that may arise concerning the

implementation of this Sectoral Annex;

 advising the Parties on matters relating to this Sectoral Annex; and

 enhancing the operation of this Sectoral Annex.
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SECTORAL ANNEX

FOR

RECREATIONAL CRAFT

PREAMBLE

This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition

between the United States and the European Community.

The purpose of this Sectoral Annex is to establish a framework to accept certificates of

conformity issued in the territory of one Party in accordance with the regulatory

requirements of the other Party as referenced in this Sectoral Annex.

To facilitate that purpose, a transitional period of 18 months is arranged to build

confidence as defined in this Sectoral Annex, Section VI.
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SECTION I

LEGISLATIVE, REGULATORY, AND ADMINISTRATIVE

REQUIREMENTS

1. For the European Community:

Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994

on the approximation of the laws, regulations, and administrative provisions of the

Member States relating to recreational craft.

2. For the U.S.:

46 U.S.C. Chapter 43, 33 CFR 81, 84, 159, 179, 181, 183 and 46 CFR 58.

SECTION II

SCOPE AND COVERAGE

1. This Sectoral Annex applies to all recreational craft which in the European

Community or the United States are subject to conformity assessment by a

conformity assessment body or an approval procedure, as applicable, before

being put on the market.
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2. The product coverage for each Party shall be determined by the following relevant

requirements:

(a) for the European Community:

Recreational craft as defined in Directive 94/25/EC.

(b) for the United States:

Any product falling under the scope of 46 U.S.C. Chapter 43, 33 CFR 81, 84, 159,

179, 181, 183 and 46 CFR 58.

3. The Parties agree that for mutual recognition to operate under this Sectoral Annex,

the following arrangements shall apply:

(a) for approvals to European Community requirements, conformity assessment

bodies designated by the U.S. shall establish compliance as required to be

demonstrated by Directive 94/25/EC. This demonstration of compliance shall

be recognized in the European Community and products so certified shall have

unrestricted access to the EC market for sale as recreational craft, pursuant to

Section I;

(b) for approvals to United States requirements, conformity assessment bodies

designated by the European Community shall establish compliance as required

to be demonstrated as set forth in paragraph 2(b) of this Section and products

so certified shall have unrestricted access to the U.S. market for sale as

recreational craft, pursuant to Section I.
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CE/USA/Annex/en 46

SECTION III

AUTHORITIES RESPONSIBLE FOR DESIGNATING

THE CONFORMITY ASSESSMENT BODIES

EC access to the U.S. market: U.S. access to the EC market:

 Belgium

Ministère des Communications et de l'infrastructure

Ministerie van Verkeer en Infrastructuur

 Germany

Bundesministerium für Wirtschaft

 Spain

for telecommunication equipment:

Ministerio de Fomento

for other equipment:

Ministerio de Industria y Energía

 France

Ministère de l'Equipment, des Transports et du Logement

Ministère de l’Economie, des Finances et de l’Industrie

 Italy

Ministero dell'Industria, del Commercio e dell'

Artigianato

 Netherlands

De Minister van Verkeer en Waterstaat

 Finland

Merenkulkuhallitus/sjöfartsstyrelsen

 Sweden

Under the authority of the Government of Sweden:

Styrelsen för ackreditering och teknisk kontroll (SWEDAC)

 UK

Department of Trade and Industry

National Institute for Standards and Technology

(NIST)
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CE/USA/Annex/en 47

SECTION IV

DESIGNATING, LISTING, SUSPENDING AND WITHDRAWING

CONFORMITY ASSESSMENT BODIES

1. For the purpose of this Sectoral Annex, each Party shall designate competent

conformity assessment bodies to carry out conformity assessment and approval to

the requirements of the other Party. Such designation shall be carried out

according to the procedures set out in Article 7 of the Agreement. A list of

conformity assessment bodies together with the products and procedures for

which they have been listed, is set out in Section V below.

2. Each Party agrees that the listed conformity assessment bodies comply with the

requirements for such bodies established by the other Party. These are:

(a) for the European Community, bodies which are Notified Bodies in accordance

with Directive 94/25/EC, are deemed to be in compliance with U.S.

requirements;

(b) for the U.S., in accordance with the requirements set out in the regulations

listed in Section I, the conformity assessment bodies listed in Section V are

designated by NIST using the evaluation procedures contained in the

appropriate EN-45000 series of standards or the corresponding ISO/IEC Guides.

3. With regard to the designation, listing, suspension and withdrawal of conformity

assessment bodies under this Sectoral Annex, the specific procedures in Articles 7, 8

and 9 of the Agreement shall be followed.
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SECTION V

CONFORMITY ASSESSMENT BODIES

EC access to the U.S. market: U.S. access to the EC market:

The names and scope of responsibilities of

Conformity Assessment Bodies located in the

EC and listed in accordance with this

Sectoral Annex:

(to be provided by EC)

The names and scope of responsibilities

of Conformity Assessment Bodies

located in the U.S. and listed in

accordance with this Sectoral Annex:

(to be provided by the US)
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SECTION VI

TRANSITIONAL ARRANGEMENT

1. There shall be a transitional period of 18 months prior to the operations of this

Sectoral Annex.

2. The purpose of the transitional arrangement is to provide a means whereby the

Parties to this Agreement can cooperate to establish a system for designating

conformity assessment bodies and can mutually build confidence in the abilities

of these bodies. Successful completion of this transitional arrangement is

intended to result in a determination that conformity assessment bodies comply

with the applicable criteria and to have the equipment approved by the

conformity assessment bodies of the exporting country accepted by the

approval authority of the importing country.

3. During this transitional period, the parties shall:

(a) exchange information on technical data and conformity assessment criteria

and procedures, thus developing greater familiarity with their respective

regulatory requirements; and

(b) carry out or recommend any applicable policy, legislative and regulatory

changes necessary for the provisions of this Annex.
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4. Product Scope

All products covered by Section II of this Annex.

5. Cooperation

During this transitional period, both Parties shall endeavour to jointly sponsor

seminars for the purpose of improving the understanding of technical

specifications applicable in each Party’s jurisdiction.

6. Inspections

Inspections or audits shall be permitted to verify compliance of conformity

assessment bodies with their responsibilities under this Agreement. The scope of

these inspections or audits shall be agreed upon in advance by both Parties.

SECTION VII

ADDITIONAL PROVISIONS

1. In accordance with the relevant provisions of the Agreement, the Parties shall

ensure the continued availability of the names of their respective notified bodies

or conformity assessment bodies, and shall regularly supply details of certifications

issued in order to facilitate post market surveillance.
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CE/USA/Annex/en 51

2. The Parties note that, to the extent that requirements for electrical safety or

electromagnetic compatibility may apply to products covered by this Sectoral

Annex, the provisions of the Sectoral Annexes on Electrical Safety and

Electromagnetic Compatibility apply.

SECTION VIII

DEFINITIONS

Notified Body means a third party authorized to perform the conformity assessment

tasks specified in Directive 94/25/EC, which has been appointed by a Member State

from the bodies falling within its jurisdiction. The Notified Body has the necessary

qualifications to meet requirements laid down in Directive 94/25/EC and has been

notified to the Commission and to the other Member States.
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SECTORAL ANNEX

FOR

PHARMACEUTICAL GOOD MANUFACTURING PRACTICES

(GMPs)

PREAMBLE

This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition

between the United States and the European Community.

CHAPTER 1

DEFINITIONS, PURPOSE, SCOPE AND COVERAGE

Article 1

Definitions

1. "Equivalence" of the regulatory systems means that the systems are sufficiently

comparable to assure that the process of inspection and the ensuing inspection

reports will provide adequate information to determine whether respective

statutory and regulatory requirements of the authorities have been fulfilled.

"Equivalence" does not require that the respective regulatory systems have

identical procedures.
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2. "Enforcement" means action taken by an authority to protect the public from

products of suspect quality, safety and efficacy or to assure that products are

manufactured in compliance with appropriate laws, regulations, standards and

commitments made as part of the approval to market a product.

3. "Good Manufacturing Practices" (GMPs): (The U.S. and EC have agreed to revisit

these concepts)

GMPs mean the requirements found in the respective legislations, regulations,

and administrative provisions for methods to be used in, and the facilities or

controls to be used for the manufacturing, processing, packing, and/or holding of

a drug to assure that such drug meets the requirements as to safety, and has the

identity and strength, and meets the quality and purity characteristics that it

purports or is represented to possess.

GMPs are that part of quality assurance which ensures that products are

consistently produced and controlled to quality standards. For the purpose of this

Annex, GMPs include therefore the system whereby the manufacturer receives

the specifications of the product and/or process from the Marketing

Authorization/Product Authorization or License holder or applicant and ensures

the product is made in compliance with its specifications (Qualified Person

certification in the EC).

4. "Inspection" means an on-site evaluation of a manufacturing facility to

determine whether such manufacturing facility is operating in compliance with

Good Manufacturing Practices and/or commitments made as part of the

approval to market a product.
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5. "Inspection Report" means the written observations and Good Manufacturing

Practices compliance assessment completed by an authority listed in Appendix 2.

6. "Regulatory System" means the body of legal requirements for Good

Manufacturing Practices, inspections, and enforcements that ensure public

health protection and legal authority to assure adherence to these requirements.

Article 2

Purpose

The provisions of this Annex govern the exchange between the Parties and normal

endorsement by the receiving authority of official Good Manufacturing Practices

(GMPs) inspection reports after a transitional period aimed at determination of the

equivalence of the regulatory systems of the Parties, which is the cornerstone of this

Annex.

Article 3

Scope

The provisions of this Annex shall apply to pharmaceutical inspections carried out in the

United States and Member States of the European Community before products are

marketed (hereafter referred to as "pre-approval inspections") as well as during their

marketing (hereafter referred to as "post-approval inspections").
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Appendix 1 names the laws, regulations and administrative provisions governing these

inspections and the GMPs requirements.

Appendix 2 lists the authorities participating in activities under this Annex.

Articles 6, 7, 8, 9, 10 and 11 of the Agreement do not apply to this Annex.

Article 4

Product coverage

These provisions will apply to medicinal products for human or animal use,

intermediates and starting materials (as referred to in the EC) and to drugs for human

or animal use, biological products for human use, and active pharmaceutical

ingredients (as referred to in the United States), only to the extent they are regulated

by the authorities of both Parties as listed in Appendix 2.

Human blood, human plasma, human tissues and organs, and veterinary

immunologicals are excluded from the scope of this Annex. Human plasma derivatives

(such as immunoglobulins and albumin), investigational medicinal products/new drugs,

human radiopharmaceuticals and medicinal gases are also excluded during the

transition phase, their situation will be reconsidered at the end of the transition period.

Products regulated by the Center for Biologics Evaluation and Research as devices are

not covered under this Annex.

Appendix 3 contains an indicative list of products covered by this Annex.
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CHAPTER 2

TRANSITION PERIOD

Article 5

Length of transition period

A three-year transition period will start immediately after the effective date of the

Agreement.

Article 6

Equivalence assessment

1. The criteria to be used by the Parties to assess equivalence are listed in Appendix

4. Information pertaining to the criteria under Community competence will be

provided by the Community.

2. The authorities of the parties will establish and communicate to each other their

draft programmes for assessing the equivalence of the respective regulatory

systems in terms of quality assurance of the products and consumer protection.

These programmes will be carried out, as deemed necessary by the authorities,

for post- and pre-approval inspections and for various product classes or

processes.
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3. The equivalence assessment shall include information exchanges (including

inspection reports), joint training, and joint inspections for the purpose of assessing

regulatory systems and the authorities' capabilities. In conducting the

equivalence assessment, the Parties will ensure that efforts are made to save

resources.

4. Equivalence assessment for authorities added to Appendix 2 after the effective

date of this agreement will be conducted as described in this Annex, as soon as

practicable.

Article 7

Participation in the equivalence assessment and determination

The authorities listed in Appendix 2 will actively participate in these programs to build a

sufficient body of evidence for their equivalence determination. Both parties will

exercise good faith efforts to complete equivalence assessment as expeditiously as

possible to the extent the resources of the authorities allow.

Article 8

Other transition activities

As soon as possible, the authorities will jointly determine the essential information which

must be present in inspection reports and will cooperate to develop mutually agreed

inspection report format(s).
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CHAPTER 3

END OF TRANSITION PERIOD

Article 9

Equivalence determination

Equivalence is established by having in place regulatory systems covering the criteria

referred to in Appendix 4, and a demonstrated pattern of consistent performance in

accordance with these criteria. A list of authorities determined as equivalent shall be

agreed to by the Joint Sectoral Committee at the end of the transition period, with

reference to any limitation in terms of inspection type (e.g. post-approval or

pre-approval) or product classes or processes.

The Parties will document insufficient evidence of equivalence, lack of opportunity to

assess equivalence or a determination of non-equivalence, in sufficient detail to allow

the authority being assessed to know how to attain equivalence.
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Article 10

Authorities not listed as currently equivalent

Authorities not currently listed as equivalent, or not equivalent for certain types of

inspections, product classes or processes may apply for reconsideration of their status

once the necessary corrective measures have been taken or additional experience is

gained.

CHAPTER 4

OPERATIONAL PERIOD

Article 11

Start of the operational period

The operational period shall start at the end of the transition period and its provisions

apply to inspection reports generated by authorities listed as equivalent for the

inspections performed in their territory.
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In addition, when an authority is not listed as equivalent based on adequate

experience gained during the transition period, the Food and Drug Administration

(FDA) will accept for normal endorsement (as provided in Article 12) inspection reports

generated as a result of inspections conducted jointly by that authority on its territory

and another authority listed as equivalent, provided that the authority of the Member

State in which the inspection is performed can guarantee enforcement of the findings

of the inspection report and require that corrective measures be taken when

necessary. FDA has the option to participate in these inspections, and based on

experience gained during the transition period, the Parties will agree on procedures for

exercising this option.

In the EC, the qualified person will be relieved of responsibility for carrying the controls

laid down in Article 22 paragraph 1(b) of Council Directive 75/319/EEC provided that

these controls have been carried out in the United States and that each batch/lot is

accompanied by a batch certificate (in accordance with the WHO certification

scheme on the quality of medicinal products) issued by the manufacturer certifying

that the product complies with requirements of the marketing authorization and

signed by the person responsible for releasing the batch/lot.
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Article 12

Nature of recognition of inspection reports

Inspection reports (containing information as established under Article 8), including a

GMP compliance assessment, prepared by authorities listed as equivalent, will be

provided to the authority of the importing Party. Based on the determination of

equivalence in light of the experience gained, these inspection reports will normally be

endorsed by the authority of the importing Party, except under specific and

delineated circumstances. Examples of such circumstances include indications of

material inconsistencies or inadequacies in an inspection report, quality defects

identified in the post-market surveillance or other specific evidence of serious concern

in relation to product quality or consumer safety. In such cases, the authority of the

importing Party may request clarification from the authority of the exporting Party

which may lead to a request for re-inspection. The authorities will endeavour to

respond to requests for clarification in a timely manner.

Where divergence is not clarified in this process, an authority of the importing country

may carry out an inspection of the production facility.
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Article 13

Transmission of post-approval inspection reports

Post-approval GMP inspection reports concerning products covered by this Annex will

be transmitted to the authority of the importing country within 60 calendar days of the

request. Should a new inspection be needed, the inspection report will be transmitted

within 90 calendar days of the request.

Article 14

Transmission of pre-approval inspection reports

A preliminary notification that an inspection may have to take place will be made as

soon as possible.

Within 15 calendar days, the relevant authority will acknowledge receipt of the request

and confirm its ability to carry out the inspection. In the EC, requests will be sent

directly to the relevant authority, with a copy to the European Agency for the

Evaluation of Medicinal Products (EMEA). If the authority receiving the request cannot

carry out the inspection as requested, the requesting authority shall have the right to

conduct the inspection.
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Reports of pre-approval inspections will be sent within 45 calendar days of the request

that transmitted the appropriate information and detailed the precise issues to be

addressed during the inspection. A shorter time may be necessary in exceptional

cases and these will be described in the request.

Article 15

Monitoring continued equivalence

Monitoring activities for the purpose of maintaining equivalence shall include review of

the exchange of inspection reports and their quality and timeliness; performance of a

limited number of joint inspections and the conduct of common training sessions.

Article 16

Suspension

Each Party has the right to contest the equivalence of an authority. This right will be

exercised in an objective and reasoned manner in writing to the other Party.

The issue shall be discussed in the Joint Sectoral Committee promptly upon such

notification. Where the JSC determines that verification of equivalence is required, it

may be carried out jointly by the Parties in a timely manner, pursuant to Article 6.
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Efforts will be made by the Joint Sectoral Committee to reach unanimous consent on

the appropriate action. If agreement to suspend is reached in the Joint Sectoral

Committee, an authority may be suspended immediately thereafter. If no agreement

is reached in the Joint Sectoral Committee, the matter is referred to the Joint

Committee. If no unanimous consent is reached within 30 days after such notification,

the contested authority will be suspended.

Upon the suspension of an authority previously listed as equivalent, a Party is no longer

obligated to normally endorse the inspection reports of the suspended authority. A

Party shall continue to normally endorse the inspection reports of that authority prior to

suspension, unless the authority of the receiving party decides otherwise based on

health or safety considerations. The suspension will remain in effect until unanimous

consent has been reached by the Parties on the future status of that authority.

CHAPTER 5

JOINT SECTORAL COMMITTEE

Article 17

Role and composition of the Joint Sectoral Committee

A Joint Sectoral Committee is set up to monitor the activities under both the transitional

and operational phases of this Annex.
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The Committee will be co-chaired by a representative of FDA for the U.S. and a

representative of the EC who each will have one vote. Decisions will be taken by

unanimous consent.

The Joint Sectoral Committee's functions will include:

1. making a joint assessment, which must be agreed by both Parties, of the

equivalence of the respective authorities,

2. developing and maintaining the list of equivalent authorities, including any

limitation in terms of inspecting type or products, and communicating the list to all

authorities and the Joint Committee,

3. providing a forum to discuss issues relating to this Annex, including concerns that

an authority may be no longer equivalent and opportunity to review product

coverage,

4. consideration of the issue of suspension.

The Joint Sectoral Committee shall meet at the request of either Party and, unless the

co-chairs otherwise agree, at least once each year. The Joint Committee will be kept

informed of the agenda and conclusions of meetings of the Joint Sectoral Committee.
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CHAPTER 6

INFORMATION EXCHANGE

Article 18

Regulatory collaboration

The Parties and authorities shall inform and consult one another, as permitted by law,

on proposals to introduce new controls or to change existing technical regulations or

inspection procedures and to provide the opportunity to comment on such proposals.

The Parties shall notify each other in writing of any changes to Appendix 2.

Article 19

Information relating to quality aspects

The authorities will establish an appropriate means of exchanging information on any

confirmed problem reports, corrective actions, recalls, rejected import consignments

and other regulatory and enforcement problems for products subject to this Annex.
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Article 20

Alert System

The details of an alert system will be developed during the transitional period. The

system will be maintained in place at all times. Elements to be considered in

developing such a system are described in Appendix 5.

Contact points will be agreed between both Parties to permit authorities to be made

aware with the appropriate speed in case of quality defect, recalls, counterfeiting and

other problems concerning quality, which could necessitate additional controls or

suspension of the distribution of the product.

CHAPTER 7

SAFEGUARD CLAUSE

Article 21

Each Party recognizes that the importing country has a right to fulfil its legal

responsibilities by taking actions necessary to ensure the protection of human and

animal health at the level of protection it deems appropriate. This includes the

suspension of the distribution, product detention at the border of the importing

country, withdrawal of the batches and any request for additional information or

inspection as provided in Article 12.
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APPENDIX 1

List of applicable laws, regulations and administrative provisions

For the European Community:

Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid

down by law, regulation or administrative action relating to proprietary medicinal

products, as extended, widened and amended.

Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid

down by law, regulation or administrative action relating to proprietary medicinal

products, as extended, widened and amended.

Council Directive 81/851/EEC of 28 September 1981 on the approximation of the laws

of the Member States relating to veterinary medicinal products, as widened and

amended.

Commission Directive 91/356/EEC of 13 June 1991 laying down the principles and

guidelines of good manufacturing practice for medicinal products for human use.

Commission Directive 91/412/EEC of 23 July 1991 laying down the principles and

guidelines of good manufacturing practice for veterinary medicinal products.
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Council Regulation (EEC) No 2309/93 of 22 July 1993 laying down Community

procedures for the authorization and supervision of medicinal products for human and

veterinary use and establishing a European Agency for the Evaluation of Medicinal

Products.

Council Directive 92/25/EEC of 31 March 1992 on the wholesale distribution of

medicinal products for human use.

Guide to Good Distribution Practice (94/C 63/03).

Current version of the Guide to Good Manufacturing Practice, Rules Governing

Medicinal Products in the European Community, Volume IV.

For the United States:

Relevant sections of the United States Federal Food, Drug, and Cosmetic Act and the

United States Public Health Service Act.

Relevant sections of Title 21, United States Code of Federal Regulations (CFR) Parts

1-99, Parts 200-299, Parts 500-599, and Parts 600-799.

Relevant sections of the FDA Investigations Operations Manual, the FDA Regulatory

Procedures Manual, the FDA Compliance Policy Guidance Manual, the FDA

Compliance Program Guidance Manual, and other FDA guidances.
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APPENDIX 2

List of Authorities

United States:

In the United States, the regulatory authority is the Food and Drug Administration.

European Community:

In the European Community, the regulatory authorities are the following:

BELGIUM Inspection générale de la Pharmacie

Algemene Farmaceutische Inspectie

DENMARK Laegemiddelstyrelsen

GERMANY Bundesministerium für Gesundheit

for immunologicals:

Paul-Ehrlich-Institut, Federal Agency for Sera & Vaccines

GREECE .ΠΥΘΡδΖ 8ΨΚΙΥΘ[ΤδΖ >ΙΨΤ∆ΡΩ]

Ministry of Health and Welfare

National Drug Organization (E.O.F.)
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SPAIN for medicinal products for human use:

Ministerio de Sanidad y Consumo

Subdirección General de Control Farmacéutico

for medicinal products for veterinary use:

Ministerio de Agricultura, Pesca y Alimentación (MAPA)

Dirección General de la Producción Agraria

FRANCE for medicinal products for human use:

Agence du Médicament

for veterinary medicinal products:

Agence Nationale du Médicament Vétérinaire

IRELAND Irish Medicines Board

ITALY for medicinal products for human use:

Ministero della Sanità

Dipartimento Farmaci e Farmacovigilanza

for medicinal products for veterinary use:

Ministero della Sanità

Dipartimento alimenti e nutrizione e sanità pubblica

veterinaria  Div. IX
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LUXEMBOURG Division de la Pharmacie et des Médicaments

NETHERLANDS Staat der Nederlanden

AUSTRIA Bundesministerium für Arbeit, Gesundheit und Soziales

PORTUGAL Instituto da Farmácia e do Medicamento  INFARMED

FINLAND Lääkelaitos/Läkemedelsverket

(National Agency for Medicines)

SWEDEN Läkemedelsverket  Medical Products Agency

UNITED KINGDOM for human and veterinary (non-immunologicals):

Medicines Control Agency

for veterinary immunologicals:

Veterinary Medicines Directorate

EUROPEAN COMMUNITY Commission of the European Communities

European Agency for the Evaluation of Medicinal

Products (EMEA)
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APPENDIX 3

Indicative list of Products covered by the Sectoral Annex

Recognizing that precise definition of medicinal products and drugs are to be found in

the legislation referred to above, an indicative list of products covered by the

agreement is given below:

 human medicinal products including prescription and non-prescription drugs;

 human biologicals including vaccines, and immunologicals;

 veterinary pharmaceuticals, including prescription and non-prescription drugs, with

the exclusion of veterinary immunologicals;

 pre-mixes for the preparation of veterinary medicated feeds (EC), Type A

medicated articles for the preparation of veterinary medicated feeds (US);

 intermediate products and active pharmaceutical ingredients or bulk

pharmaceuticals (US)/starting materials (EC).
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APPENDIX 4

Criteria for Assessing Equivalence for Post- and Pre-Approval

I. Legal/Regulatory authority and structures and procedures providing for post- and

pre-approval:

A. Appropriate statutory mandate and jurisdiction.

B. Ability to issue and update binding requirements on GMPs and guidance

documents.

C. Authority to make inspections, review and copy documents, and to take

samples and collect other evidence.

D. Ability to enforce requirements and to remove products found in violation of

such requirements from the market.

E. Substantive current good manufacturing requirements.

F. Accountability of the regulatory authority.

G. Inventory of current products and manufacturers.

H. System for maintaining or accessing inspection reports, samples and other

analytical data, and other firm/product information relating to matters

covered by this Sectoral Annex.
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II. Mechanisms in place to assure appropriate professional standards and

avoidance of conflicts of interest.

III. Administration of the regulatory authority:

A. Standards of education/qualification and training.

B. Effective quality assurance systems measures to ensure adequate job

performance.

C. Appropriate staffing and resources to enforce laws and regulations.

IV. Conduct of Inspections:

A. Adequate pre-inspection preparation, including appropriate expertise of

investigator/team, review of firm/product and databases, and availability of

appropriate inspection equipment.

B. Adequate conduct of inspection, including statutory access to facilities,

effective response to refusals, depth and competence of evaluation of

operations, systems and documentation; collection of evidence;

appropriate duration of inspection and completeness of written report of

observations to firm management.
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C. Adequate post-inspection activities, including completeness of inspectors’

report, inspection report review where appropriate, and conduct of

follow-up inspections and other activities where appropriate, assurance of

preservation and retrieval of records.

V. Execution of regulatory enforcement actions to achieve corrections, designed to

prevent future violations, and to remove products found in violation of

requirements from the market.

VI. Effective Use of Surveillance Systems:

A. Sampling and analysis.

B. Recall monitoring.

C. Product defect reporting system.

D. Routine surveillance inspections.

E. Verification of approved manufacturing process changes to marketing

authorizations/approved applications.
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VII. Additional specific criteria for pre-approval inspections

A. Satisfactory demonstration through a jointly developed and administered

training program and joint inspections to assess the authorities’ capabilities.

B. Pre-inspection preparation includes the review of appropriate records,

including site plans and drug master file or similar documentation to enable

adequate inspections.

C. Ability to verify chemistry, manufacturing and control data supporting an

application is authentic and complete.

D. Ability to assess and evaluate research and development data as

scientifically sound, especially transfer technology of pilot, scale up and full

scale production batches.

E. Ability to verify conformity of the on site processes and procedures with those

described in the application.

F. Review and evaluate equipment installation, operational and performance

qualification data, and evaluate test method validation.
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APPENDIX 5

Elements to be Considered in Developing a Two-way Alert System

1. Documentation

 Definition of a crisis/emergency and under what circumstances an alert is

required

 Standard Operating Procedures (SOPs)

 Mechanism of health hazards evaluation and classification

 Language of communication and transmission of information

2. Crisis Management System

 Crisis analysis and communication mechanisms

 Establishment of contact points

 Reporting mechanisms

3. Enforcement Procedures

 Follow-up mechanisms

 Corrective action procedures
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4. Quality Assurance System

 Pharmacovigilance programme

 Surveillance/monitoring of implementation of corrective action

5. Contact points

For the purpose of this agreement, the contact points for the alert system will be:

for the European Community:

the Executive Director of the European Agency for the Evaluation of Medicinal

Products, 7, Westferry Circus, Canary Wharf, UK  London E14 4HB, England.

Telephone +44-171-418 8400, Fax 418 8416.

for the United States:

(to be provided by the U.S.)
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SECTORAL ANNEX ON

MEDICAL DEVICES

PREAMBLE

This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition in

Relation to Conformity Assessment between the United States and the European

Community.

Carrying out the provisions of this Annex will further public health protection, will be an

important means of facilitating commerce in medical devices and will lead to

reduced costs for regulators and manufacturers of both Parties.
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CHAPTER 1

PURPOSE, SCOPE AND COVERAGE OF THE SECTORAL ANNEX

Article 1

Purpose

1. The purpose of this Annex is to specify the conditions under which a Party will

accept the results of quality system-related evaluations and inspections and

premarket evaluations of the other Party with regard to medical devices as

conducted by listed conformity assessment bodies (CABs) and to provide for

other related cooperative activities.

2. This Annex is intended to evolve as programmes and policies of the Parties

evolve. The Parties will review this Annex periodically, in order to assess progress

and identify potential enhancements to this Annex as Food and Drug

Administration (FDA) and EC policies evolve over time.
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Article 2

Scope

1. The provisions of this Annex shall apply to the exchange and, where appropriate,

endorsement of the following types of reports from CABs assessed to be

equivalent:

(a) Under the U.S. system, surveillance/post-market and initial/pre-approval

inspection reports;

(b) Under the U.S. system, premarket (510(k)) product evaluation reports;

(c) Under the EC system, quality system evaluation reports; and

(d) Under the EC system, EC type examination and verification reports.

Appendix 1 names the legislation, regulations, and related procedures under

which:

(a) products are regulated as medical devices by each Party;

(b) CABs are designated and confirmed; and

(c) these reports are prepared.
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2. For purposes of this Annex, equivalence means that: CABs in the EC are capable

of conducting product and quality systems evaluations against U.S. regulatory

requirements in a manner equivalent to those conducted by FDA; and CABs in

the U.S. are capable of conducting product and quality systems evaluations

against EC regulatory requirements in a manner equivalent to those conducted

by EC CABs.

Article 3

Product Coverage

There are three components to this agreement each covering a discrete range of

products:

1. Quality System Evaluations  U.S.-type surveillance/post-market and

initial/pre-approval inspection reports and EC-type quality system evaluation

reports will be exchanged with regard to all products regulated under both U.S.

and EC law as medical devices.

2. Product Evaluation  U.S.-type premarket (510(k)) product evaluation reports

and EC-type-testing reports will be exchanged only with regard to those products

classified under the U.S. system as Class I/Class II  Tier 2 medical devices which

are listed in Appendix 2.

3. Post-Market Vigilance Reports  Post-market vigilance reports will be exchanged

with regard to all products regulated under both U.S. and EC law as medical

devices.
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Additional products and procedures may be made subject to this Annex by

agreement of the Parties.

Article 4

Regulatory Authorities

The regulatory authorities shall have the responsibility of implementing the provisions of

this Annex, including the designation and monitoring of CABs. Regulatory authorities

are specified in Appendix 3. Each Party will promptly notify the other Party in writing of

any change in the regulatory authority for a country.

CHAPTER 2

TRANSITION PERIOD

Article 5

Length and purpose of transition period

There will be a three-year transition period immediately following the date of entry into

force of the Agreement. During the transition period, the Parties will engage in

confidence-building activities for the purpose of obtaining sufficient evidence to make

determinations concerning the equivalence of CABs of the other Party with respect to

the ability to perform quality system and product evaluations or other reviews resulting

in reports to be exchanged under this Annex.
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Article 6

Listing of CABs

Each Party shall designate CABs to participate in confidence-building activities by

transmitting to the other Party a list of CABs which meet the criteria for technical

competence and independence, as identified in Appendix 1. The list shall be

accompanied by supporting evidence. Designated CABs will be listed in Appendix 4

for participation in the confidence building activities once confirmed by the importing

Party. Non-confirmation would have to be justified based on documented evidence.

Article 7

Confidence Building Activities

1. At the beginning of the transitional period, the Joint Sectoral Group will establish a

joint confidence building programme calculated to provide sufficient evidence

of the capabilities of the designated CABs to perform quality system or product

evaluations to the specifications of the Parties.
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2. The joint confidence building program should include the following actions and

activities:

(a) Seminars designed to inform the Parties and CABs about each Party's

regulatory system, procedures, and requirements;

(b) Workshops designed to provide the Parties with information regarding

requirements and procedures for the designation and surveillance of CABs;

(c) Exchange of information about reports prepared during the transition period;

(d) Joint training exercises; and

(e) Observed inspections.

3. During the transition period, any significant problem that is identified with a CAB

may be the subject of cooperative activities, as resources allow and as agreed to

by the regulatory authorities, aimed at resolving the problem.

4. Both Parties will exercise good faith efforts to complete the confidence building

activities as expeditiously as possible to the extent that the resources of the Parties

allow.
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5. Both the EC and the U.S. will each prepare annual progress reports which will

describe the confidence building activities undertaken during each year of the

transition period. The form and content of the reports will be determined by the

Parties through the Joint Sectoral Committee.

Article 8

Other transition period activities

1. During the transition period, the Parties will jointly determine the necessary

information which must be present in quality system and product evaluation

reports.

2. The Parties will jointly develop a notification and alert system to be used in case of

defects, recalls, and other problems concerning product quality that could

necessitate additional actions (e.g., inspections by the Parties of the importing

country) or suspension of the distribution of the product.
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CHAPTER 3

END OF TRANSITION PERIOD

Article 9

Equivalence Assessment

1. In the final six months of the transition period, the Parties shall proceed to a joint

assessment of the equivalence of the CABs that participated in the confidence

building activities. CABs will be determined to be equivalent provided they have

demonstrated proficiency through the submission of a sufficient number of

adequate reports. CABs may be determined to be equivalent with regard to the

ability to perform any type of quality system or product evaluation covered by

this Annex and with regard to any type of product covered by this Annex. The

parties shall develop a list contained in Appendix 5 of CABs determined to be

equivalent which shall contain a full explanation of the scope of the equivalency

determination, including any appropriate limitations, with regard to performing

any type of quality system or product evaluation.

2. The Parties shall allow CABs not listed for participation in the MRA, or listed for

participation only as to certain types of evaluations, to apply for participation in

this MRA once the necessary measures have been taken or sufficient experience

has been gained, in accordance with Article 16.

3. Decisions concerning the equivalence of CABs must be agreed to by both

Parties.
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CHAPTER 4

OPERATIONAL PERIOD

Article 10

Start of the operational period

1. The operational period will start at the end of the transition period after the Parties

have developed the list of CABs found to be equivalent. The provisions of this

Chapter will apply only with regard to listed CABs and only to the extent of any

specifications and limitations contained on the list with regard to a CAB.

2. The operational period will apply to quality system evaluation reports and product

evaluation reports generated by CABs listed in accordance with this Annex for

the evaluations performed in the respective territories of the Parties, except if the

Parties agree otherwise.
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Article 11

Exchange and endorsement of quality system evaluation reports

1. Listed EC CABs will provide FDA with reports of quality system evaluations, as

follows:

(a) For pre-approval quality system evaluations, EC CABs will provide full reports;

and

(b) For surveillance quality system evaluations, EC CABs will provide abbreviated

reports.

2. Listed U.S. CABs will provide to the EC Notified Body of the manufacturer’s choice:

(a) Full reports of initial quality system evaluations;

(b) Abbreviated reports of quality systems surveillance audits.

3. If the abbreviated reports do not provide sufficient information, the importing

Party may request additional clarification from the CAB.
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4. Based on the determination of equivalence in light of the experience gained, the

quality system evaluation reports prepared by the CABs listed as equivalent will

normally be endorsed by the importing Party, except under specific and

delineated circumstances. Examples of such circumstances include indications

of material inconsistencies or inadequacies in a report, quality defects identified

in post-market surveillance or other specific evidence of serious concern in

relation to product quality or consumer safety. In such cases, the importing Party

may request clarification from the exporting Party which may lead to a request

for re-inspection. The Parties will endeavour to respond to requests for clarification

in a timely manner. Where divergence is not clarified in this process, the

importing Party may carry out the quality system evaluation.

Article 12

Exchange and endorsement of product evaluation reports

1. EC CABs listed for this purpose will, subject to the specifications and limitations on

the list, provide to the FDA 510(k) premarket notification assessment reports

prepared to U.S. medical device requirements.

2. U.S. CABs will, subject to the specifications and limitations on the list, provide to

the EC notified body of the manufacturer’s choice, type examination and

verification reports prepared to EC medical device requirements.
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3. Based on the determination of equivalence in light of the experience gained, the

product evaluation reports prepared by the CABs listed as equivalent will normally

be endorsed by the importing Party, except under specific and delineated

circumstances. Examples of such circumstances include indications of material

inconsistencies, inadequacies, or incompleteness in a product evaluation report,

or other specific evidence of serious concern in relation to product safety,

performance, or quality. In such cases, the importing Party may request

clarification from the exporting Party which may lead to a request for a

re-evaluation. The parties will endeavour to respond to requests for clarification in

a timely manner. Endorsement remains the responsibility of the importing Party.

Article 13

Transmission of quality system evaluation reports

Quality system evaluation reports covered by Article 11 concerning products covered

by this Annex shall be transmitted to the importing Party within 60 calendar days of a

request by the importing Party. Should a new inspection be requested the time period

shall be extended by an additional 30 calendar days. A Party may request a new

inspection, for cause, identified to the other Party. If the exporting Party cannot

perform an inspection within a specified period of time, the importing Party may

perform an inspection on its own.
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Article 14

Transmission of product evaluation reports

Transmission of product evaluation reports will take place according to the importing

Party's specified procedures.

Article 15

Monitoring continued equivalence

Monitoring activities will be carried out in accordance with Article 10 of the

Agreement.

Article 16

Listing of Additional CABs

1. During the operational period, additional CABs will be considered for equivalence

using the procedures and criteria described in Articles 6, 7, and 9 of this Annex,

taking into account the level of confidence gained in the overall regulatory

system of the other Party.

2. Once a designating authority considers that such CABs, having undergone the

procedures of Articles 6, 7, and 9 of this Annex, may be determined to be

equivalent, it will then designate those bodies on an annual basis. Such

procedures satisfy the procedures of Article 7(a) and (b) of the Agreement.
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3. Following such annual designations, the procedures for confirmation of CABs

under Articles 7(c) and (d) of the Agreement shall apply.

CHAPTER 5

JOINT SECTORAL COMMITTEE

Article 17

Role and composition of the Joint Sectoral Committee

1. A Joint Sectoral Management Committee is set up to monitor the activities under

both the transitional and operational phases of this Annex.

2. The Committee will be co-chaired by a representative of the FDA for the U.S. and

a representative of the EC who will each have one vote. Decisions will be taken

by unanimous consent.

3. The JSC's functions will include:

(a) making a joint assessment of the equivalence of CABs;

(b) developing and maintaining the list of equivalent CABs, including any

limitation in terms of their scope of activities and communicating the list to all

authorities and the Joint Committee;
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(c) providing a forum to discuss issues relating to this Annex, including concerns

that a CAB may no longer be equivalent and opportunity to review product

coverage; and

(d) consideration of the issue of suspension.

CHAPTER 6

HARMONIZATION AND INFORMATION EXCHANGE

Article 18

Harmonization

During both the transitional and operational phases of this Agreement, both Parties

intend to continue to participate in the activities of the Global Harmonization Task

Force and utilize the results of those activities to the extent possible. Such participation

involves developing and reviewing documents developed by the Global

Harmonization Task Force and jointly determining whether they are applicable to the

implementation of this Agreement.
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Article 19

Regulatory cooperation

The Parties and authorities shall inform and consult with one another, as permitted by

law, of proposals to introduce new controls or to change existing technical regulations

or inspection procedures and to provide the opportunity to comment on such

proposals.

The Parties shall notify each other in writing of any changes to Appendix 1.

Article 20

Alert system and exchange of post-market vigilance reports

1. An alert system will be set up during the transition period and maintained

thereafter by which the Parties will notify each other when there is an immediate

danger to public health. Elements of such a system will be described in an

Appendix to be attached to this Sectoral Annex. As part of that system, each

Party shall notify the other Party of any confirmed problem reports, corrective

actions, or recalls. These reports are regarded as part of ongoing investigations.

2. Contact points will be agreed between both Parties to permit authorities to be

made aware with the appropriate speed in case of quality defect, batch recalls,

counterfeiting and other problems concerning quality, which could necessitate

additional controls or suspension of the distribution of the product.
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APPENDIX 1

RELEVANT LEGISLATION, REGULATIONS AND PROCEDURES

1. For the European Community the following legislation applies to Article 2(1):

(a) Council Directive 90/385/EEC of 20 June 1990 on the approximation of the

laws of the Member States relating to active implantable medical devices.

Conformity assessment procedures.

*Annex II (with the exception of section 4)

*Annex IV

*Annex V

(b) Council Directive 93/42/EEC of 14 June 1993 concerning medical devices.

Conformity assessment procedures.

*Annex II (with the exception of section 4)

*Annex III

*Annex IV

*Annex V

*Annex VI
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2. For the United States, the following legislation applies to Article 2(1):

(a) The Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 321 et seq.

(b) The Public Health Service Act, 42 U.S.C. §§ 201 et seq.

(c) Regulations of the United States Food and Drug Administration found at

21 C.F.R., in particular, Parts 800 to 1299.

(d) Medical Devices; Third-Party Review of Selected Premarket Notifications;

Pilot Program, 61 Fed. Reg. 14,789-14,796 (April 3, 1996).
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APPENDIX 2

SCOPE OF PRODUCT COVERAGE

1. Initial Coverage of the Transition Period:

Upon entry into force of this Annex, (1

) products qualifying for the transitional

arrangements under this Agreement include:

(a) All Class I products requiring premarket evaluations in the United States 

see Table 1.

(b) Those Class II products listed in Table 2.

2. During the Transition Period:

The Parties will jointly identify additional product groups, including their related

accessories, in line with their respective priorities as follows:

(a) Those for which review may be based primarily on written guidance which

the Parties will use their best efforts to prepare expeditiously; and

(

1

) It is understood that the date of entry into force will not occur prior to 1 June 1998,

unless the Parties decide otherwise.
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(b) Those for which review may be based primarily on international standards, in

order for the Parties to gain the requisite experience.

The corresponding additional product lists will be phased in on an annual basis.

The Parties may consult with industry and other interested Parties in determining

which products will be added.

3. Commencement of the Operational Period:

(a) At the commencement of the operational period, product coverage shall

extend to all Class I/II products covered during the transition period.

(b) FDA will expand the program to categories of Class II devices as is consistent

with the results of the pilot, and with the FDA’s ability to write guidance

documents if the device pilot for the third party review of medical devices is

successful. The MRA will cover to the maximum extent feasible all Class II

devices listed in Table 3 for which FDA-accredited third-party review is

available in the U.S.

4. Unless explicitly included by joint decision of the Parties, this agreement does not

cover any U.S. Class II-tier 3 or any Class III product under either system.
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TABLE 1

CLASS I PRODUCTS REQUIRING PREMARKET EVALUATIONS

IN THE UNITED STATES, INCLUDED IN SCOPE OF PRODUCT COVERAGE

AT BEGINNING OF TRANSITION PERIOD

ANESTHESIOLOGY PANEL (868)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

868.1910 ESOPHAGEAL STETHOSCOPE

BZW  STETHOSCOPE, ESOPHAGEAL

868.5620 BREATHING MOUTHPIECE

BYP  MOUTHPIECE, BREATHING
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868.5640 MEDICINAL NONVENTILATORY NEBULIZER (ATOMIZER)

CCQ  NEBULIZER, MEDICINAL, NON-VENTILATORY

(ATOMIZER)

868.5675 REBREATHING DEVICE

BYW  DEVICE, REBREATHING

868.5700 NONPOWERED OXYGEN TENT

FOG  HOOD, OXYGEN, INFANT

BYL  TENT, OXYGEN

868.6810 TRACHEOBRONCHIAL SUCTION CATHETER

BSY  CATHETERS, SUCTION, TRACHEOBRONCHIAL

CARDIOVASCULAR PANEL

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

(NONE)
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DENTAL PANEL (872)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

872.3400 KARAYA AND SODIUM BORATE WITH OR WITHOUT ACACIA

DENTURE ADHESIVE KOM  ADHESIVE, DENTURE, ACACIA

AND KARAYA WITH SODIUM BORATE

872.3700 DENTAL MERCURY (U.S.P)

ELY  MERCURY

872.4200 DENTAL HANDPIECES AND ACCESSORIES

EBW  CONTROLLER, FOOD, HANDPIECE AND CORD

EFB  HANDPIECE, AIR-POWERED, DENTAL

EFA  HANDPIECE, BELT AND/OR GEAR DRIVEN, DENTAL

EGS  HANDPIECE, CONTRA- AND RIGHT-ANGLE

ATTACHMENT, DENTAL

EKX  HANDPIECE, DIRECT DRIVE, AC-POWERED

EKY  HANDPIECE, WATER-POWERED

872.6640 DENTAL OPERATIVE UNIT

EIA  UNIT, OPERATIVE DENTAL
U.S. - EC MRA Medical Devices Annex

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EAR, NOSE, AND THROAT PANEL (874)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

874.1070 SHORT INCREMENT SENSITIVITY INDEX (SISI) ADAPTER

ETR  ADAPTER, SHORT INCREMENT SENSITIVITY INDEX (SISI)

874.1500 GUSTOMETER

ETM  GUSTOMETER

874.1800 AIR OR WATER CALORIC STIMULATOR

KHH  STIMULATOR, CALORIC-AIR

ETP  STIMULATOR, CALORIC-WATER

874.1925 TOYNBEE DIAGNOSTIC TUBE

ETK  TUBE, TOYNBEE DIAGNOSTIC
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874.3300 HEARING AID

LRB  FACE PLATE HEARING-AID

ESD  HEARING-AID, AIR-CONDUCTION

874.4100 EPISTAXIS BALLOON

EMX  BALLOON, EPISTAXIS

874.5300 ENT EXAMINATION AND TREATMENT UNIT

ETF  UNIT, EXAMINING/TREATMENT, ENT

874.5550 POWERED NASAL IRRIGATOR

KMA  IRRIGATOR, POWERED NASAL

874.5840 ANTI-STAMMERING DEVICE

KTH  DEVICE, ANTI-STAMMERING
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GASTROENTEROLOGY  UROLOGY PANEL (876)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

876.5160 UROLOGICAL CLAMPS FOR MALES

FHA  CLAMP, PENILE

876.5210 ENEMA KIT

FCE  KIT, ENEMA, (FOR CLEANING PURPOSE)

876.5250 URINE COLLECTOR AND ACCESSORIES

FAQ  BAG, URINE COLLECTION, LEG, FOR EXTERNAL USE

GENERAL HOSPITAL PANEL (880)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

880.5270 NEONATAL EYE PAD

FOK  PAD, NEONATAL EYE
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880.5420 PRESSURE INFUSER FOR I.V. BAG

KZD  INFUSOR, PRESSURE, FOR I.V. BAGS

880.5680 PEDIATRIC POSITION HOLDER

FRP  HOLDER, INFANT POSITION

880.6250 PATIENT EXAMINATION GLOVE

LZB  FINGER COT

FMC  GLOVE, PATIENT EXAMINATION

LYY  GLOVE, PATIENT EXAMINATION, LATEX

LZA  GLOVE, PATIENT EXAMINATION, POLY

LZC  GLOVE, PATIENT EXAMINATION, SPECIALITY

LYZ  GLOVE, PATIENT EXAMINATION, VINYL

880.6375 PATIENT LUBRICANT

KMJ  LUBRICANT, PATIENT

880.6760 PROTECTIVE RESTRAINT

BRT  RESTRAINT, PATIENT, CONDUCTIVE

FMQ  RESTRAINT, PROTECTIVE
U.S. - EC MRA Medical Devices Annex

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NEUROLOGY PANEL (882)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

882.1030 ATAXIAGRAPH

GWW  ATAXIAGRAPH

882.1420 ELECTROENCEPHALOGRAM (EEG) SIGNAL SPECTRUM

ANALYZER

GWS  ANALYZER, SPECTRUM, ELECTROENCEPHALOGRAM

SIGNAL

882.4060 VENTRICULAR CANNULA

HCD  CANNULA, VENTRICULAR

882.4545 SHUNT SYSTEM IMPLANTATION INSTRUMENT

GYK  INSTRUMENT, SHUNT SYSTEM IMPLANTATION

882.4650 NEUROSURGICAL SUTURE NEEDLE

HAS  NEEDLE, NEUROSURGICAL SUTURE

882.4750 SKULL PUNCH

GXJ  PUNCH, SKULL
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OBSTETRICS AND GYNECOLOGY PANEL

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

(NONE)

OPHTHALMOLOGY PANEL (886)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

886.1780 RETINOSCOPE

HKM  RETINOSCOPE, BATTERY-POWERED

886.1940 TONOMETER STERILIZER

HKZ  STERILIZER, TONOMETER
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886.4070 POWERED CORNEAL BURR

HQS  BURR, CORNEAL, AC-POWERED

HOG  BURR, CORNEAL, BATTERY-POWERED

HRG  ENGINE, TREPHINE, ACCESSORIES, AC-POWERED

HFR  ENGINE, TREPHINE, ACCESSORIES, BATTERY-POWERED

HLD  ENGINE, TREPHINE, ACCESSORIES, GAS-POWERED

886.4300 KERATONE

HNO  KERATONE, AC-POWERED

HMY  KERATONE, BATTERY-POWERED

886.5850 SUNGLASSES (NON-PRESCRIPTION)

HQY  SUNGLASSES (NON-PRESCRIPTION INCLUDING

PHOTOSENSITIVE)

ORTHOPEDIC PANEL (888)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

888.1500 AC-POWERED GONIOMETER

KQX  GONIOMETER, AC-POWERED

888.4150 CALLIPERS FOR CLINICAL USE

KTZ  CALLIPER
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PHYSICAL MEDICINE PANEL (890)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

890.3850 MECHANICAL WHEELCHAIR

LBE  STROLLER, ADAPTIVE

IOR  WHEELCHAIR, MECHANICAL

890.5180 MANUAL PATIENT ROTATION BED

INY  BED, PATIENT ROTATION, MANUAL

890.5710 HOT OR COLD DISPOSABLE PACK

IMD  PACK, HOT OR COLD, DISPOSABLE
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RADIOLOGY PANEL (892)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

892.1100 SCINTILLATION GAMMA CAMERA

IYX  CAMERA, SCINTILLATION (GAMMA)

892.1110 POSITRON CAMERA

IZC  CAMERA, POSITRON

892.1300 NUCLEAR RECTILINEAR SCANNER

IYW  SCANNER, RECTILINEAR, NUCLEAR

892.1320 NUCLEAR UPTAKE PROBE

IZD  PROBE, UPTAKE, NUCLEAR

892.1330 NUCLEAR WHOLE BODY SCANNER

JAM  SCANNER, WHOLE BODY, NUCLEAR

892.1410 NUCLEAR ELECTROCARDIOGRAPH SYNCHRONIZER

IVY  SYNCHRONIZER, ELECTROCARDIOGRAPH, NUCLEAR
U.S. - EC MRA Medical Devices Annex

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892.1890 RADIOGRAPHIC-FILM ILLUMINATOR

IXC  ILLUMINATOR, RADIOGRAPHIC-FILM

JAG  ILLUMINATOR, RADIOGRAPHIC-FILM,

EXPLOSION-PROOF

892.1910 RADIOGRAPHIC GRID

IXJ  GRID, RADIOGRAPHIC

892.1960 RADIOGRAPHIC INTENSIFYING SCREEN

WAM  SCREEN, INTENSIFYING, RADIOGRAPHIC

892.1970 RADIOGRAPHIC ECG/RESPIRATOR SYNCHRONIZER

IXO  SYNCHRONIZER, ECG/RESPIRATOR, RADIOGRAPHIC

892.5650 MANUAL RADIONUCLIDE APPLICATOR SYSTEM

IWG  SYSTEM, APPLICATOR, RADIONUCLIDE, MANUAL
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GENERAL AND PLASTIC SURGERY PANEL (878)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

878.4200 INTRODUCTION/DRAINAGE CATHETER AND ACCESSORIES

KGZ  ACCESSORIES, CATHETER

GCE  ADAPTOR, CATHETER

FGY  CANNULA, INJECTION

GBA  CATHETER, BALLOON TYPE

GBZ  CATHETER, CHOLANGIOGRAPHY

GBQ  CATHETER, CONTINUOUS IRRIGATION

GBY  CATHETER, EUSTACHIAN, GENERAL & PLASTIC

SURGERY

JCY  CATHETER, INFUSION

GBX  CATHETER, IRRIGATION

GBP  CATHETER, MULTIPLE LUMEN

GBO  CATHETER, NEPHROSTOMY, GENERAL & PLASTIC

SURGERY

GBN  CATHETER, PEDIATRIC, GENERAL & PLASTIC SURGERY

GBW  CATHETER, PERITONEAL
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GBS  CATHETER, VENTRICULAR, GENERAL & PLASTIC

SURGERY

GCD  CONNECTOR, CATHETER

GCC  DILATOR, CATHETER

GCB  NEEDLE, CATHETER

878.4320 REMOVABLE SKIN CLIP

FZQ  CLIP, REMOVABLE (SKIN)

878.4460 SURGEON’S GLOVES

KGO  SURGEON’S GLOVES

878.4680 NONPOWERED, SINGLE PATIENT, PORTABLE SUCTION

APPARATUS

GCY  APPARATUS, SUCTION, SINGLE PATIENT USE,

PORTABLE, NONPOWERED

878.4760 REMOVABLE SKIN STAPLE

GDT  STAPLE, REMOVABLE (SKIN)
U.S. - EC MRA Medical Devices Annex

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GENERAL AND PLASTIC SURGERY PANEL (878) (CONTINUED)

Section Regulation Name

No. Product Code  Device Name

************

************************************************************************************

878.4820 AC-POWERED, BATTERY-POWERED, AND PNEUMATICALLY

POWERED SURGICAL INSTRUMENT MOTOR

GFG  BIT, SURGICAL

GFA  BLADE, SAW, GENERAL AND PLASTIC SURGERY

DWH  BLADE, SAW, SURGICAL, CARDIOVASCULAR

BRZ  BOARD, ARM (WITH COVER)

GFE  BRUSH, DERMABRASION

GFF  BUR, SURGICAL, GENERAL AND PLASTIC SURGERY

KDG  CHISEL (OSTEOTOME)

GFD  DERMATOME

GFC  DRIVER, SURGICAL, PIN

GFB  HEAD, SURGICAL, HAMMER

GEY  MOTOR, SURGICAL INSTRUMENT, AC-POWERED

GET  MOTOR, SURGICAL INSTRUMENT, PNEUMATIC

POWERED

DWI  SAW, ELECTRICALLY POWERED

KFK  SAW, PNEUMATICALLY POWERED

HAB  SAW, POWERED, AND ACCESSORIES
U.S. - EC MRA Medical Devices Annex

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878.4960 AIR OR AC-POWERED OPERATING TABLE AND AIR OR

AC-POWERED OPERATING CHAIR AND ACCESSORIES

GBB  CHAIR, SURGICAL, AC-POWERED

FQO  TABLE, OPERATING-ROOM, AC-POWERED

GDC  TABLE, OPERATING-ROOM, ELECTRICAL

FWW  TABLE, OPERATING-ROOM, PNEUMATIC

JEA  TABLE, SURGICAL WITH ORTHOPEDIC ACCESSORIES,

AC-POWERED

880.5090 LIQUID BANDAGE

KMF  BANDAGE, LIQUID
U.S. - EC MRA Medical Devices Annex

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TABLE 2

CLASS II MEDICAL DEVICES INCLUDED

IN SCOPE OF PRODUCT COVERAGE

AT BEGINNING OF TRANSITION PERIOD

U.S. to develop guidance documents identifying U.S. requirements and EC to identify

standards needed to meet EC requirements

RA 892.1000 MAGNETIC RESONANCE DIAGNOSTIC DEVICE

MOS  COIL, MAGNETIC RESONANCE, SPECIALTY

LNH  SYSTEM, NUCLEAR MAGNETIC RESONANCE IMAGING

LNI  SYSTEM, NUCLEAR MAGNETIC RESONANCE

SPECTROSCOPIC

Diagnostic Ultrasound:

RA 892.1540 NONFETAL ULTRASONIC MONITOR

JAF  MONITOR, ULTRASONIC, NONFETAL

RA 892.1550 ULTRASONIC PULSED DOPPLER IMAGING SYSTEM

IYN  SYSTEM, IMAGING, PULSED DOPPLER, ULTRASONIC

RA 892.1560 ULTRASONIC PULSED ECHO IMAGING SYSTEM

IYO  SYSTEM, IMAGING, PULSED ECHO, ULTRASONIC

RA 892.1570 DIAGNOSTIC ULTRASONIC TRANSDUCER

ITX  TRANSDUCER, ULTRASONIC, DIAGNOSTIC
U.S. - EC MRA Medical Devices Annex

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Diagnostic X-Ray Imaging Devices (except mammographic x-ray systems):

RA 892.1600 ANGIOGRAPHIC X-RAY SYSTEM

IZI  SYSTEM, X-RAY, ANGIOGRAPHIC

RA 892.1650 IMAGE-INTENSIFIED FLUOROSCOPIC X-RAY SYSTEM

MQB  SOLID STATE X-RAY IMAGER (FLAT PANEL/DIGITAL

IMAGER)

JAA  SYSTEM, X-RAY, FLUOROSCOPIC, IMAGE-INTENSIFIED

RA 892.1680 STATIONARY X-RAY SYSTEM

KPR  SYSTEM, X-RAY, STATIONARY

RA 892.1720 MOBILE X-RAY SYSTEM

IZL  SYSTEM, X-RAY, MOBILE

RA 892.1740 TOMOGRAPHIC X-RAY SYSTEM

IZF  SYSTEM, X-RAY, TOMOGRAPHIC

RA 892.1750 COMPUTED TOMOGRAPHY X-RAY SYSTEM

JAK  SYSTEM, X-RAY, TOMOGRAPHY, COMPUTED
U.S. - EC MRA Medical Devices Annex

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ECG-Related Devices:

CV 870.2340 ELECTROCARDIOGRAPH

DPS  ELECTROCARDIOGRAPH

MLC  MONITOR, ST SEGMENT

CV 870.2350 ELECTROCARDIOGRAPH LEAD SWITCHING ADAPTOR

DRW  ADAPTOR, LEAD SWITCHING, ELECTROCARDIOGRAPH

CV 870.2360 ELECTROCARDIOGRAPH ELECTRODE

DRX  ELECTRODE, ELECTROCARDIOGRAPH

CV 870.2370 ELECTROCARDIOGRAPH SURFACE ELECTRODE TESTER

KRC  TESTER, ELECTRODE, SURFACE, ELECTROCARDIOGRAPHIC

NE 882.1400 ELECTROENCEPHALOGRAPH

GWQ  ELECTROENCEPHALOGRAPH
U.S. - EC MRA Medical Devices Annex

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HO 880.5725 INFUSION PUMP (external only)

MRZ  ACCESSORIES, PUMP, INFUSION

FRN  PUMP, INFUSION

LZF  PUMP, INFUSION, ANALYTICAL SAMPLING

MEB  PUMP, INFUSION, ELASTOMERIC

LZH  PUMP, INFUSION, ENTERAL

MHD  PUMP, INFUSION, GALLSTONE DISSOLUTION

LZG  PUMP, INFUSION, INSULIN

MEA  PUMP, INFUSION, PCA

Ophthalmic Instruments:

OP 886.1570 OPHTHALMOSCOPE

HLI  OPHTHALMOSCOPE, AC-POWERED

HLJ  OPHTHALMOSCOPE, BATTERY-POWERED

OP 886.1780 RETINOSCOPE

HKL  RETINOSCOPE, AC-POWERED

OP 886.1850 AC-POWERED SLIT-LAMP BIOMICROSCOPE

HJO  BIOMICROSCOPE, SLIT-LAMP, AC-POWERED

OP 886.4150 VITREOUS ASPIRATION AND CUTTING INSTRUMENT

MMC  DILATOR, EXPANSIVE IRIS (ACCESSORY)
U.S. - EC MRA Medical Devices Annex

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HQE  INSTRUMENT, VITREOUS ASPIRATION AND CUTTING,

AC-POWERED

HKP  INSTRUMENT, VITREOUS ASPIRATION AND CUTTING,

BATTERY-POWERED

MLZ  VITRECTOMY, INSTRUMENT CUTTER

OP 886.4670 PHACOFRAGMENTATION SYSTEM

HQC  UNIT, PHACOFRAGMENTATION

SU 878.4580 SURGICAL LAMP

HBI  ILLUMINATOR, FIBEROPTIC, SURGICAL FIELD

FTF  ILLUMINATOR, NON-REMOTE

FTG  ILLUMINATOR, REMOTE

HJE  LAMP, FLUORESCENT, AC-POWERED

FQP  LAMP, OPERATING-ROOM

FTD  LAMP, SURGICAL

GBC  LAMP, SURGICAL, INCANDESCENT

FTA  LIGHT, SURGICAL, ACCESSORIES

FSZ  LIGHT, SURGICAL, CARRIER

FSY  LIGHT, SURGICAL, CEILING MOUNTED

FSX  LIGHT, SURGICAL, CONNECTOR

FSW  LIGHT, SURGICAL, ENDOSCOPIC

FST  LIGHT, SURGICAL, FIBEROPTIC

FSS  LIGHT, SURGICAL, FLOOR STANDING

FSQ  LIGHT, SURGICAL, INSTRUMENT
U.S. - EC MRA Medical Devices Annex

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NE 882.5890 TRANSCUTANEOUS ELECTRICAL NERVE STIMULATOR FOR PAIN

RELIEF

GZJ  STIMULATOR, NERVE, TRANSCUTANEOUS, FOR PAIN RELIEF

Noninvasive Blood Pressure Measurement Devices:

CV 870.1120 BLOOD PRESSURE CUFF

DXQ  CUFF, BLOOD-PRESSURE

CV 870.1130 NONINVASIVE BLOOD PRESSURE MEASUREMENT SYSTEM

(except non-oscillometric)

DXN  SYSTEM, MEASUREMENT, BLOOD-PRESSURE, NON-INVASIVE

HO 880.6880 STEAM STERILIZER (greater than 2 cubic feet)

FLE  STERILIZER, STEAM

Clinical Thermometers:

HO 880.2910 CLINICAL ELECTRONIC THERMOMETER (except tympanic or

pacifier)

FLL  THERMOMETER, ELECTRONIC, CLINICAL

AN 868.5630 NEBULIZER

CAF  NEBULIZER (DIRECT PATIENT INTERFACE)

AN 868.5925 POWERED EMERGENCY VENTILATOR
U.S. - EC MRA Medical Devices Annex

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Hypodermic Needles and Syringes (except anti-stick and self-destruct):

HO 880.5570 HYPODERMIC SINGLE LUMEN NEEDLE

MMK  CONTAINER, SHARPES

FMI  NEEDLE, HYPODERMIC, SINGLE LUMEN

MHC  PORT, INTRAOSSEOUS, IMPLANTED

HO 880.5860 PISTON SYRINGE

FMF  SYRINGE, PISTON

OR 888.3020 INTRAMEDULLARY FIXATION ROD

HSB  ROD, FIXATION, INTRAMEDULLARY AND ACCESSORIES

External Fixators (except devices with no external components):

OR 888.3030 SINGLE/MULTIPLE COMPONENT METALLIC BONE FIXATION

APPLIANCES AND ACCESSORIES

KTT  APPLIANCE, FIXATION, NAIL/BLADE/PLATE COMBINATION,

MULTIPLE COMPONENT

OR 888.3040 SMOOTH OR THREADED METALLIC BONE FIXATION FASTENER

HTY  PIN, FIXATION, SMOOTH

JDW  PIN, FIXATION, THREADED
U.S. - EC MRA Medical Devices Annex

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Selected Dental Materials:

DE 872.3060 GOLD BASED ALLOYS AND PRECIOUS METAL ALLOYS FOR

CLINICAL USE

EJT  ALLOY, GOLD BASED, FOR CLINICAL USE

EJS  ALLOY, PRECIOUS METAL, FOR CLINICAL USE

DE 872.3200 RESIN TOOTH BONDING AGENT

KLE  AGENT, TOOTH BONDING, RESIN

DE 872.3275 DENTAL CEMENT

EMA  CEMENT, DENTAL

EMB  ZINC OXIDE EUGENOL

DE 872.3660 IMPRESSION MATERIAL

ELW  MATERIAL, IMPRESSION

DE 872.3690 TOOTH SHADE RESIN MATERIAL

EBF  MATERIAL, TOOTH SHADE, RESIN

DE 872.3710 BASE METAL ALLOY

EJH  METAL, BASE

Latex Condoms:

OB 884.5300 CONDOM

HIS  CONDOM

TABLE 3

MEDICAL DEVICES FOR POSSIBLE INCLUSION

IN SCOPE OF PRODUCT COVERAGE
U.S. - EC MRA Medical Devices Annex

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DURING OPERATIONAL PERIOD

Anaesthesiology Panel

Product Family Section No Device Name Tier

Anesthesia Devices 868.5160 Gas machine for anesthesia or analgesia 2

868.5270 Breathing system heater 2

868.5440 Portable oxygen generator 2

868.5450 Respiratory gas humidifier 2

868.5630 Nebulizer 2

868.5710 Electrically powered oxygen tent 2

868.5880 Anesthetic vaporizer 2

Gas Analyzer 868.1040 Powered Algesimeter 2

868.1075 Argon gas analyzer 2

868.1400 Carbon dioxide gas analyzer 2

868.1430 Carbon monoxide gas analyzer 2

868.1500 Enflurane gas analyzer 2

868.1620 Halothane gas analyzer 2

868.1640 Helium gas analyzer 2

868.1670 Neon gas analyzer 2

868.1690 Nitrogen gas analyzer 2

868.1700 Nitrous oxide gas analyzer 2

868.1720 Oxygen gas analyzer 2

868.1730 Oxygen uptake computer 2
U.S. - EC MRA Medical Devices Annex

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Peripheral Nerve

Stimulators

868.2775 Electrical peripheral nerve stimulator 2

Respiratory

Monitoring

868.1750 Pressure plethysmograph 2

868.1760 Volume plethysmograph 2

868.1780 Inspiratory airway pressure meter 2

868.1800 Rhinoanemometer 2

868.1840 Diagnostic spirometer 2

868.1850 Monitoring spirometer 2

868.1860 Peak-flow meter for spirometry 2

868.1880 Pulmonary-function data calculator 2

868.1890 Predictive pulmonary-function value

calculator

2

868.1900 Diagnostic pulmonary-function

interpretation calculator

2

868.2025 Ultrasonic air embolism monitor 2

868.2375 Breathing frequency monitor (except

apnea detectors)

2

868.2480 Cutaneous carbon dioxide (PcCO2)

monitor

2

868.2500 Cutaneous oxygen monitor (for an infant

not under gas anesthesia)

2

868.2550 Pneumotachomometer 2

868.2600 Airway pressure monitor 2

868.5665 Powered percussor 2

868.5690 Incentive spirometer 2

Ventilator 868.5905 Noncontinuous ventilator (IPPB) 2

868.5925 Powered emergency ventilator 2

868.5935 External negative pressure ventilator 2

868.5895 Continuous ventilator 2

868.5955 Intermittent mandatory ventilation

attachment

2

868.6250 Portable air compressor 2
U.S. - EC MRA Medical Devices Annex

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Cardiovascular Panel

Product Family Section No Device Name Tier

Cardiovascular

Diagnostic

870.1425 Programmable diagnostic computer 2

870.1450 Densitometer 2

870.2310 Apex cardiograph (vibrocardiograph) 2

870.2320 Ballistocardiograph 2

870.2340 Electrocardiograph 2

870.2350 Electrocardiograph lead switching

adaptor

1

870.2360 Electrocardiograph electrode 2

870.2370 Electrocardiograph surface electrode

tester

2

870.2400 Vectorcardiograph 1

870.2450 Medical cathode-ray tube display 1

870.2675 Oscillometer 2

870.2840 Apex cardiographic transducer 2

870.2860 Heart sound transducer 2

Cardiovascular

Monitoring

Valve, pressure relief, cardiopulmonary

bypass

870.1100 Blood pressure alarm 2

870.1110 Blood pressure computer 2

870.1120 Blood pressure cuff 2

870.1130 Noninvasive blood pressure

measurement system

2

870.1140 Venous blood pressure manometer 2

870.1220 Electrode recording catheter or

electrode recording probe

2

870.1270 Intracavitary phonocatheter system 2

870.1875 Stethoscope (electronic) 2
U.S. - EC MRA Medical Devices Annex

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870.2050 Biopotential amplifier and signal

conditioner

2

870.2060 Transducer signal amplifier and

conditioner

2

870.2100 Cardiovascular blood flow-meter 2

870.2120 Extravascular blood flow probe 2

870.2300 Cardiac monitor (including

cardiotachometer and rate alarm)

2

870.2700 Oximeter 2

870.2710 Ear oximeter 2

870.2750 Impedance phlebograph 2

870.2770 Impedance plethysmograph 2

870.2780 Hydraulic, pneumatic, or photoelectric

plethysmographs

2

870.2850 Extravascular blood pressure transducer 2

870.2870 Catheter tip pressure transducer 2

870.2880 Ultrasonic transducer 2

870.2890 Vessel occlusion transducer 2

870.2900 Patient transducer and electrode cable

(including connector)

2

870.2910 Radiofrequency physiological signal

transmitter and receiver

2

870.2920 Telephone electrocardiograph

transmitter and receiver

2

870.4205 Cardiopulmonary bypass bubble

detector

2

870.4220 Cardiopulmonary bypass heart-lung

machine console

2

870.4240 Cardiovascular bypass heat exchanger 2

870.4250 Cardiopulmonary bypass temperature

controller

2

870.4300 Cardiopulmonary bypass gas control unit 2

870.4310 Cardiopulmonary bypass coronary

pressure gauge

2

870.4330 Cardiopulmonary bypass on-line blood

gas monitor

2

870.4340 Cardiopulmonary bypass level sensing

monitor and/or control

2
U.S. - EC MRA Medical Devices Annex

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870.4370 Roller-type cardiopulmonary bypass

blood pump

2

870.4380 Cardiopulmonary bypass pump speed

control

2

870.4410 Cardiopulmonary bypass in-line blood

gas sensor

2

Cardiovascular

Therapeutic

870.5050 Patient care suction apparatus 2

870.5900 Thermal regulation system 2

Defibrillator 870.5300 DC-defibrillator (including paddles) 2

870.5325 Defibrillator tester 2

Echocardiograph 870.2330 Echocardiograph 2

Pacemaker and

Accessories

870.1750 External programmable pacemaker

pulse generator

2

870.3630 Pacemaker generator function analyzer 2

870.3640 Indirect pacemaker generator function

analyzer

2

870.3720 Pacemaker electrode function tester 2

Miscellaneous 870.1800 Withdrawal-infusion pump 2

870.2800 Medical magnetic tape recorder 2

None Batteries, rechargeable, class II devices
U.S. - EC MRA Medical Devices Annex

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Dental Panel

Product Family Section No Device Name Tier

Dental Equipment 872.1720 Pulp tester 2

872.1740 Caries detection device 2

872.4120 Bone cutting instrument and accessories 2

872.4465 Gas-powered jet injector 2

872.4475 Spring-powered jet injector 2

872.4600 Intraoral ligature and wire lock 2

872.4840 Rotary scaler 2

872.4850 Ultrasonic scaler 2

872.4920 Dental electrosurgical unit and

accessories

2

872.6070 Ultraviolet activator for polymerization 2

872.6350 Ultraviolet detector 2

Dental Material 872.3050 Amalgam alloy 2

872.3060 Gold-based alloys and precious metal

alloys for clinical use

2

872.3200 Resin tooth bonding agent 2

872.3250 Calcium hydroxide cavity liner 2

872.3260 Cavity varnish 2

872.3275 Dental cement (other than zinc

oxide-eugenol)

2

872.3300 Hydrophilic resin coating for dentures 2

872.3310 Coating material for resin fillings 2

872.3590 Preformed plastic denture tooth 2

872.3660 Impression material 2

872.3690 Tooth shade resin material 2

872.3710 Base metal alloy 2
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872.3750 Bracket adhesive resin and tooth

conditioner

2

872.3760 Denture relining, repairing, or rebasing

resin

2

872.3765 Pit and fissure sealant and conditioner 2

872.3770 Temporary crown and bridge resin 2

872.3820 Root canal filling resin (other than

chloroform use)

2

872.3920 Porcelain tooth 2

Dental X-ray 872.1800 Extraoral source x-ray system 2

872.1810 Intraoral source x-ray system 2

Dental Implants 872.4880 Intraosseous fixation screw or wires 2

872.3890 Endodontic stabilizing splint 2

Orthodontic 872.5470 Orthodontic plastic bracket 2

Ear/Nose/Throat Panel

Product Family Section No Device Name Tier

Diagnostic

Equipment

874.1050 Audiometer 2

874.1090 Auditory impedance tester 2

874.1120 Electronic noise generator for

audiometric testing

2

874.1325 Electroglottograph 2

874.1820 Surgical nerve stimulator/locator 2
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Hearing Aids 874.3300 Hearing aid (for bone-conduction) 2

874.3310 Hearing aid calibrator and analysis

system

2

874.3320 Group hearing aid or group auditory

trainer

2

874.3330 Master hearing aid 2

Surgical Equipment 874.4250 Ear, nose, and throat electric or

pneumatic surgical drill

1

874.4490 Argon laser for otology, rhinology, and

laryngology

2

874.4500 ENT microsurgical carbon dioxide laser 2

Gastroenterology/Urology Panel

Product Family Section No Device Name Tier

Endoscope

(including

angioscopes,

laparscopes,

ophthalmic

endoscopes)

876.1500 Endoscope and accessories 2

876.4300 Endoscopic electrosurgical unit and

accessories

2

Gastroenterology 876.1725 Gastrointestinal motility monitoring system 1

Hemodialysis 876.5600 Sorbent regenerated dialysate delivery

system for hemodialysis

2

876.5630 Peritoneal dialysis system and accessories 2

876.5665 Water purification system for hemodialysis 2

876.5820 Hemodialysis system and accessories 2

876.5830 Hemodialyzer with disposable insert

(kiil-type)

2
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Lithotriptor 876.4500 Mechanical lithotriptor 2

Urology Equipment 876.1620 Urodynamics measurement system 2

876.5320 Nonimplanted electrical continence

device

2

876.5880 Isolated kidney perfusion and transport

system and accessories

2

General Hospital Panel

Product Family Section No Device Name Tier

Infusion Pumps and

Systems

880.2420 Electronic monitor for gravity flow infusion

systems

2

880.2460 Electrically powered spinal fluid pressure

monitor

2

880.5430 Nonelectrically powered fluid injector 2

880.5725 Infusion pump 2

Neonatal Incubators 880.5400 Neonatal incubator 2

880.5410 Neonatal transport incubator 2

880.5700 Neonatal phototherapy unit 2

Piston Syringes 880.5570 Hypodermic single lumen needle 1

880.5860 Piston syringe (except anti-stick) 1

880.6920 Syringe needle introducer 2

Miscellaneous 880.2910 Clinical electronic thermometer 2

880.2920 Clinical mercury thermometer 2

880.5100 AC-powered adjustable hospital bed 1
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880.5500 AC-powered patient lift 2

880.6880 Steam Sterilizer (greater than 2 cubic

feet)

2

Neurology Panel

Product Family Section No Device Name Tier

882.1020 Rigidity analyzer 2

882.1610 Alpha monitor 2

Neuro-Diagnostic 882.1320 Cutaneous electrode 2

882.1340 Nasopharyngeal electrode 2

882.1350 Needle electrode 2

882.1400 Electroencephalograph 2

882.1460 Nystagmograph 2

882.1480 Neurological endoscope 2

882.1540 Galvanic skin response measurement

device

2

882.1550 Nerve conduction velocity measurement

device

2

882.1560 Skin potential measurement device 2

882.1570 Powered direct-contact temperature

measurement device

2

882.1620 Intracranial pressure monitoring device 2

882.1835 Physiological signal amplifier 2

882.1845 Physiological signal conditioner 2

882.1855 Electroencephalogram (EEG) telemetry

system

2

882.5050 Biofeedback device 2

Echoencephalograp

hy

882.1240 Echoencephalograph 2
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RPG 882.4400 Radiofrequency lesion generator 2

Neuro Surgery none Electrode, spinal epidural 2

882.4305 Powered compound cranial drills, burrs,

trephines and their accessories

2

882.4310 Powered simple cranial drills, burrs,

trephines and accessories

2

882.4360 Electric cranial drill motor 2

882.4370 Pneumatic cranial drill motor 2

882.4560 Stereotaxic instrument 2

882.4725 Radiofrequency lesion probe 2

882.4845 Powered rongeur 2

882.5500 Lesion temperature monitor 2

Stimulators 882.1870 Evoked response electrical stimulator 2

882.1880 Evoked response mechanical stimulator 2

882.1890 Evoked response photic stimulator 2

882.1900 Evoked response auditory stimulator 2

882.1950 Tremor transducer 2

882.5890 Transcutaneous electrical nerve

stimulator for pain relief

2
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Obstetrics/Gynaecology Panel

Product Family Section No Device Name Tier

Fetal Monitoring 884.1660 Transcervical endoscope (amnioscope)

and accessories

2

884.1690 Hysteroscope and accessories (for

performance standards)

2

884.2225 Obstetric-gynecologic ultrasonic imager 2

884.2600 Fetal cardiac monitor 2

884.2640 Fetal phonocardiographic monitor and

accessories

2

884.2660 Fetal ultrasonic monitor and accessories 2

884.2675 Fetal scalp circular (spiral) electrode and

applicator

1

884.2700 Intrauterine pressure monitor and

accessories

2

884.2720 External uterine contraction monitor and

accessories

2

884.2740 Perinatal monitoring system and

accessories

2

884.2960 Obstetric ultrasonic transducer and

accessories

2

Gynecological

Surgery Equip.

884.1720 Gynecologic laparoscope and

accessories

2

884.4160 Unipolar endoscopic coagulator-cutter

and accessories

2

884.4550 Gynecologic surgical laser 2

884.4120 Gynecologic electrocautery and

accessories

2

884.5300 Condom 2
U.S. - EC MRA Medical Devices Annex

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Product Family Section No Device Name Tier

Ophthalm. Implants 886.3320 Eye sphere implant 2

Contact Lens 886.1385 Polymethylmethacrylate (PMMA)

diagnostic contact lens

2

886.5916 Rigid gas permeable contact lens (daily

wear only)

2

Diagnostic

Equipment

886.1120 Ophthalmic camera 1

886.1220 Corneal electrode 1

886.1250 Euthyscope (AC-powered) 1

886.1360 Visual field laser instrument 1

886.1510 Eye movement monitor 1

886.1570 Ophthalmoscope 1

886.1630 AC-powered photostimulator 1

886.1640 Ophthalmic preamplifier 1

886.1670 Ophthalmic isotope uptake probe 2

886.1780 Retinoscope (AC-powered device) 1

886.1850 AC-powered slitlamp biomicroscope 1

886.1930 Tonometer and accessories 2

886.1945 Transilluminator (AC-powered device) 1

886.3130 Ophthalmic conformer 2

(Diagnostic/Surgery

Equipment)

886.4670 Phacofragmentation System 2

Ophthalm. Implants 886.3340 Extraocular orbital implant 2

886.3800 Scleral shell 2
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Surgical Equipment 880.5725 Infusion pump (performance standards) 2

886.3100 Ophthalmic tantalum clip 2

886.3300 Absorbable implant (scleral buckling

method)

2

886.4100 Radiofrequency electrosurgical cautery

apparatus

2

886.4115 Thermal cautery unit 2

886.4150 Vitreous aspiration and cutting instrument 2

886.4170 Cryophthalmic unit 2

886.4250 Ophthalmic electrolysis unit

(AC-powered device)

1

886.4335 Operating headlamp (AC-powered

device)

1

886.4390 Ophthalmic laser 2

886.4392 Nd:YAG laser for posterior capsulotomy 2

886.4400 Electronic metal locator 1

886.4440 AC-powered magnet 1

886.4610 Ocular pressure applicator 2

886.4690 Ophthalmic photocoagulator 2

886.4790 Ophthalmic sponge 2

886.5100 Ophthalmic beta radiation source 2

none Ophthalmoscopes, replacement

batteries, hand-held

1
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Orthopedic Panel

Product Family Section No Device Name Tier

Implants 888.3010 Bone fixation cerclage 2

888.3020 Intramedullary fixation rod 2

888.3030 Single/multiple component metallic bone

fixation appliances and accessories

2

888.3040 Smooth or threaded metallic bone

fixation fastener

2

888.3050 Spinal interlaminal fixation orthosis 2

888.3060 Spinal intervertebral body fixation orthosis 2

Surgical Equipment 888.1240 AC-powered dynamometer 2

888.4580 Sonic surgical instrument and

accessories/attachments

2

none Accessories, fixation, spinal interlaminal 2

none Accessories, fixation, spinal intervertebral

body

2

none Monitor, pressure, intracompartmental 1

none Orthosis, fixation, spinal intervertebral

fusion

2

none Orthosis, spinal pedicle fixation

none System, cement removal extraction 1

Physical Medicine Panel

Product Family Section No Device Name Tier

Diagnostic

Equipment

890.1225 Chronaximeter 2

890.1375 Diagnostic electromyograph 2

890.1385 Diagnostic electromyograph needle

electrode

2

890.1450 Powered reflex hammer 2

890.1850 Diagnostic muscle stimulator 2

or (Therapy) 890.5850 Powered muscle stimulator 2
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Therapeutic

Equipment

890.5100 Immersion hydrobath 2

890.5110 Paraffin bath 2

890.5500 Infrared lamp 2

890.5720 Water circulating hot or cold pack 2

890.5740 Powered heating pad 2

Radiology Panel

Product Family Section No Device Name Tier

MRI 892.1000 Magnetic resonance diagnostic device 2

Ultrasound

Diagnostic

884.2660 Fetal ultrasonic monitor and accessories 2

892.1540 Nonfetal ultrasonic monitor

892.1560 Ultrasonic pulsed echo imaging system 2

892.1570 Diagnostic ultrasonic transducer 2

892.1550 Ultrasonic pulsed doppler imaging system

Angiographic 892.1600 Angiographic x-ray system 2

Diagnostic X-Ray 892.1610 Diagnostic x-ray beam-limiting device 2

892.1620 Cine or spot fluorographic x-ray Camera 2

892.1630 Electrostatic x-ray imaging system 2

892.1650 Image-intensified fluoroscopic x-ray

system

2

892.1670 Spot film device 2

892.1680 Stationary x-ray system 2

892.1710 Mammographic x-ray system 2

892.1720 Mobile x-ray system 2

892.1740 Tomographic x-ray system 1

892.1820 Pneumoencephalographic chair 2

892.1850 Radiographic film cassette 1

892.1860 Radiographic film/cassette changer 1

892.1870 Radiographic film/cassette changer

programmer

2

892.1900 Automatic radiographic film processor 2

892.1980 Radiologic table 1
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CT Scanner 892.1750 Computed tomography x-ray system 2

Radiation Therapy 892.5050 Medical charged-particle radiation

therapy system

2

892.5300 Medical neutron radiation therapy

system

2

892.5700 Remote controlled

radionuclide-applicator system

2

892.5710 Radiation therapy beam-shaping block 2

892.5730 Radionuclide brachytherapy source 2

892.5750 Radionuclide radiation therapy system 2

892.5770 Powered radiation therapy patient

support assembly

2

892.5840 Radiation therapy simulation system 2

892.5930 Therapeutic x-ray tube housing assembly 1

Nuclear Medicine 892.1170 Bone densitometer 2

892.1200 Emission computed tomography system 2

892.1310 Nuclear tomography system 1

892.1390 Radionuclide rebreathing system 2

General/Plastic Surgery Panel

Product Family Section No Device Name Tier

Surgical Lamps 878.4630 Ultraviolet lamp for dermatologic

disorders

2

890.5500 Infrared lamp 2

878.4580 Surgical lamp 2

Electrosurgical

Cutting Equipment

878.4810 Laser surgical instrument for use in

general and plastic surgery and in

dermatology

2

878.4400 Electrosurgical cutting and coagulation

device and accessories

2

Miscellaneous 878.4780 Powered suction pump 2
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APPENDIX 3

AUTHORITIES RESPONSIBLE FOR DESIGNATING

CONFORMITY ASSESSMENT BODIES

EC access to the U.S. market U.S. access to the EC market

 Belgium

Ministère de la Santé publique, de

l'Environnement et de l'Intégration sociale

Ministerie van Volksgezondheid, Leefmilieu

en Sociale Integratie

 Denmark

Sundhedsministeriet

 Germany

Bundesministerium für Gesundheit

 Greece

=ΞΩ]ΨΚΜΓΩ =ΚΜΓΙΖ

Ministry of Health

 Spain

Ministerio de Sanidad y Consumo

 France

Ministère de l'emploi et de la solidarité

Ministère de l’économie, des finances et de

l’industrie

 Ireland

Department of Health

 Italy

Ministero della Sanità

 Luxembourg

Ministère de la Santé

 Netherlands

Staat des Nederlanden

 Austria

Bundesministerium für Arbeit,

Gesundheit und Soziales

 Portugal

Ministerio da Saude

 Finland

Sosiaali-ja terveysministeriö/social-och

hälsovårdsministeriet

 Sweden

Under the authority of the Government of

Sweden:

Styrelsen för ackreditering och teknisk kontroll

(SWEDAC)

 United Kingdom

Food and Drug Administration (FDA)
U.S. - EC MRA Medical Devices Annex

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Department of Health
U.S. - EC MRA Medical Devices Annex

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APPENDIX 4

CONFORMITY ASSESSMENT BODIES

EC access to the U.S. market U.S. access to the EC market

Conformity assessment bodies located in

the EC shall be designated by the

Authorities identified in Appendix 3.

(to be provided by the EC)

Conformity assessment bodies located in

the U.S. shall be designated by the

Authorities identified in Appendix 3.

(to be provided by the U.S.)