1999A9204 — EN — 15.07.2015 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:





Corrected by:









▼B

AGREEMENT

on mutual recognition between the European Community and the United States of America

TABLE OF CONTENTS 1. Framework 2. Telecommunication Equipment 3. Electromagnetic Compatibility (EMC) 4. Electical Safety 5. Recreational Craft 6. Pharmaceutical Good Manufacturing Practices (GMPs) 7. Medical Devices







The EUROPEAN COMMUNITY, and 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 (US) and the European Community (EC); DESIRING to facilitate bilateral trade between them; RECOGNISING that mutual recognition of conformity assessment activities is an important means of enhancing market access between the Parties; RECOGNISING that an agreement providing for mutual recognition of conformity assessment activities is of particular interest to small and medium-sized businesses in the US and the EC; RECOGNISING that any such mutual recognition also requires confidence in the continued reliability of the other Party's conformity assessments; RECOGNISING the importance of maintaining each Party's high levels of health, safety, environmental and consumer protection; RECOGNISING that mutual recognition agreements can positively contribute in encouraging greater international harmonisation of standards; 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; RECOGNISING 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; RECOGNISING 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:







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 Standardisation (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.

Article 2

Purpose of the Agreement

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

2. The European Community and its Member States shall, as specified in the Sectoral Annexes, accept or recognise 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 utilised 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;

(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 regulation 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.

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 transition arrangement shall specify a time period for completion.

2. The Parties may amend any transition 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.

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

(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;

(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;

(f) Upon the suspension of a conformity assessment body listed in a Sectoral Annex, a Party is no longer obligated to accept or recognise 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;

(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.

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;

(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 recognises 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.

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.

Article 14

Joint Committee of the Parties

1. The Parties hereby establish a Joint Committee consisting of representatives of each Party. The Joint Committee comprised 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;

(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.

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 15 days of taking such action, providing its reasons.

Article 16

Suspension of recognition obligations

Either Party may suspend its obligations under a 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.

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 unauthorised disclosure.

Article 18

Fees

Each Party shall endeavour 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.

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.

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.

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 original 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.

Hecho en Londres, el dieciocho de mayo de mil novecientos noventa y ocho.Udfærdiget i London den attende maj nitten hundrede og otteoghalvfems.Geschehen zu London am achtzehnten Mai neunzehnhundertachtundneunzig.Έγινε στο Λονδίνο, στις δέκα οκτώ Μαϊου χίλια εννιακόσια ενενήντα οκτώ.Done at London on the eighteenth day of May in the year one thousand nine hundred and ninety-eight.Fait à Londres, le dix-huit mai mil neuf cent quatre-vingt-dix-huit.Fatto a Londra, addì diciotto maggio millenovecentonovantotto.Gedaan te Londen, de achttiende mei negentienhonderd achtennegentig.Feito em Londres, em dezoito de Maio de mil novecentos e noventa e oito.Tehty Lontoossa kahdeksantenatoista päivänä toukokuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkahdeksan.Som skedde i London den artonde maj nittonhundranittioåtta.

Por la Comunidad EuropeaFor Det Europæiske FællesskabFür die Europäische GemeinschaftΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaVoor de Europese GemeenschapPela Comunidade EuropeiaEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnar

Por los Estados Unidos de AméricaFor Amerikas Forenede StaterFür die Vereinigten Staaten von AmerikaΓια τις Ηνωμένες Πολιτείες της ΑμερικήςFor the United States of AmericaPour les États-Unis d'AmériquePer gli Stati Uniti d'AmericaVoor de Verenigde Staten van AmerikaPelos Estados Unidos da AméricaAmerikan yhdysvaltojen puolestaPå Amerikas förenta staternas vägnar

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.

SECTION I

LEGISLATIVE, REGULATORY AND ADMINISTRATIVE PROVISIONS







EC USA 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; Communications Act of 1934, as amended by the Telecommunication Act of 1996, (Title 47 of the United States Code). The US regulatory and administrative provisions in respect of telecommunication equipment, including 47 CFR Part 68, and FCC 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.); (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.); Commission Decisions (CTRs) established under Directive 98/13/EC; The EC Member States' legislation and regulations in respect of: (a) non-harmonised analogue connection to the public telecommunications network (1); (b) non-harmonised radio transmitters for which there is a civilian equipment authorization requirement; The US regulatory and administrative provisions in respect of all radio transmitters subject to an equipment authorisation 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 electrical safety, see Electrical Safety Sectoral Annex to the Agreement; For electromagnetic compatibility aspects, see Electromagnetic Compatibility (EMC) Sectoral Annex to the Agreement. For electromagnetic compatibility aspects, see Electromagnetic Compatibility (EMC) Sectoral Annex to the Agreement. (1) The EC agrees to seek authority to include non-harmonised digital connections;

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 authorisation 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:



EC USA 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 — 2 048 kbit/s unstructured — 2 048 kbit/s structured — 34 Mbits/s access — 140 Mbits/s access — 2 wire analogue — 4 wire analogue 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-wire 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 authorisation 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



Commercial Mobile Radio (Part 20) Domestic Public Fixed (Part 21) Domestic Mobile (Part 22) Personal Communication Service (Part 24) Satellite Communications (Part 25) Broadcast (Part 73) Auxiliary Broadcast (Part 74) Cable Television Radio (Part 78) Maritime (Part 80) GMDSS (Part 80W) Private Land Mobile (Part 90) Private-Fixed Microwave (Part 94) Personal Radio Services (Part 95) IVDS (Part 95 F) Amateur Radio (Part 97) 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.

SECTION III

CONFORMITY ASSESSMENT PROCEDURES FOR TELECOMMUNICATION EQUIPMENT

1. Description of Mutual Recognition Obligations

In accordance with the provisions of the Agreement, the result of the conformity assessment procedures produced by a Party's conformity assessment bodies listed in Section V shall be recognised 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 recognises that the conformity assessment bodies of the other Party, listed in Section V, are authorised to perform the following procedures with regard to the importing Party's technical requirements for telecommunication terminal, 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.

SECTION IV

AUTHORITIES RESPONSIBLE FOR DESIGNATING THE CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V







EC USA — Belgium — Institut belge des services postaux et des télécommunications — Belgisch instituut voor postdiensten en telecommunicatie — Denmark — Telestyrelsen — Germany — Bundesministerium für Wirtschaft — Greece — Yπουργείο Μεταφορών και Επικοινωνιών — 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 — Ministero delle Communicazioni — DGROS e ISETI (Radiotransmettitori) — 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 — LiikenneministeriöTrafikministeriet — TelehallintokeskusTeleförvaltningscentralen — Sweden — Under the authority of the Government of Sweden: — Styrelsen för ackreditering och teknisk kontroll (SWEDAC) — United Kingdom — Department of Trade and Industry National Institute of Standards and Technology (NIST) Federal Communications Commission (FCC)

SECTION V

CONFORMITY ASSESSMENT BODIES







EC access to the US market US 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. Conformity assessment bodies located in the US shall be designated by the Authorities identified in Section IV following the procedures set out in Section VI of this Annex. ►M2 TÜV ÖsterreichDeutschstraße, 10A-1230 WienTel. (43-1) 61 09 10Fax (43-1) 610 91 89Telefication BV — KTLPO Box 600046800 JA ArnhemThe NetherlandsTel. (31-26) 378 07 80Fax (31-26) 378 07 89Swedish National Testing and Research Institute (SP)Box 857S-501 15 BoråsTel. (46-33) 16 50 00Fax (46-33) 13 55 02 ►M21 Cambridge Test and Measurement Services LtdPO Box 465St Andrews RoadCambridge CB4 1ZJUnited KingdomTel.: (44-1223) 87 68 76Fax: (44-1223) 87 68 51 ◄ Radio Frequency Investigations LtdEwhurst ParkRamsdell BasingstokeHampshire RG26 5RQUnited KingdomTel. (44-1256) 85 11 93Fax (44-1256) 85 11 92TRL Compliance ServicesLong GreenForthamptonTewkesburyGloucestershire GL19 4QHUnited KingdomTel. (44-1684) 83 38 18Fax (44-1684) 83 38 58BABT Product Services LtdSegensworth RoadsFarehamHampshire PO15 5RHUnited KingdomTel. (44-1932) 25 12 00Fax (44-1932) 25 12 01 ◄ ►M9 Phoenix Test-Lab GmbHKönigswinkel 10D-32825 BlombergTel. (49-5235) 95 00 24Fax (49-5235) 95 00 28CETECOMCETECOM ICT Services GmbHUntertürkheimer Str. 6-10D-66117 SaarbrückenTel. (49-681) 598 87 23Fax (49-681) 598 90 75CETECOM GmbHIm Teelbruch 122D-45219 EssenTel. (49-2054) 951 99 24Fax (49-2054) 951 99 02EMCC Dr. RašekMoggastD-91320 EbermannstadtTel. (49-9194) 90 16Fax (49-9194) 81 25 ◄ ►M20 BZT-ETS Certification GmbHStorkower Str. 38 cD-15526 ReichenwaldeTel: (49-33631) 88 82 22Fax: (49-33631) 88 86 80 ◄ ►M2 Communication Certification Laboratory1940 West Alexander StreetSalt Lake City, UT 84119-2039USATel. (1-801) 972 61 46Fax (1-801) 972 84 32Compliance Certification Services, Inc.561F Monterey Rd.Morgan Hill, CA, 95037USATel. (1-408) 752 81 66Fax (1-408) 752 81 68CKC Laboratories, Inc.5473 A. Clouds RestMariposa CA 95338USATel. (1-209) 966 52 40Fax (1-209) 742 61 33110 Olinda PlaceBrea, CA 92823USATel. (1-209) 966 52 40Fax (1-209) 742 61 331100 Fulton PlaceFremont, CA 94539USATel. (1-209) 966 52 40Fax (1-209) 742 61 335289 NE Elam Young Pkwy.Suite G900Hillsboro, OR 97124USATel. (1-209) 966 52 40Fax (1-209) 742 61 331853 Los Vibras RdHollister, CA 95023USATel. (1-209) 966 52 40Fax (1-209) 742 61 333800 148th Ave., NERedmond, WA 98052USATel. (1-209) 966 52 40Fax (1-209) 742 61 3322105 Wilson River Hwy.Tillamook, OR 97141USATel. (1-209) 966 52 40Fax (1-209) 742 61 33D.L.S. Electronic Systems, Inc.1250 Peterson DriveWheeling, IL 600090-6454USATel. (1-847) 537 64 00Fax (1-847) 537 64 88Elite Electronic Engineering, Inc.1516 Cente CircleDowners Grove, IL 60515-1082USATel. (1-630) 495 97 70Fax (1-630) 495 97 85Intertek Testing Services, Inc.1950 Evergreen Blvd., Suite 100Duluth, GA 30096USATel. (1-607) 753 67 11Fax (1-607) 753 66 9970 Codman Hill RoadBoxborough, MA 01719USATel. (1-607) 753 67 11Fax (1-607) 753 66 997435 4th Street North,Oakdale, MN 55128USATel. (1-607) 753 67 11Fax (1-607) 753 66 991365 Adams Ct,Menlo Park, CA 94025USATel. (1-607) 753 67 11Fax (1-607) 753 66 99MET Laboratories, Inc.914 W. Patapsco AvenueBaltimore, MD 21230-3432USATel. (1-410) 354 33 00Fax (1-410) 354 33 13Northwest EMC, Inc.22975 Evergreen Blvd., Suite 400Hillsboro, OR 97124USATel. (1-503) 844 40 66Fax (1-503) 844 38 26PCTEST Engineering Lab, Inc.6660 Dobbin Rd.Columbia, MD 21045USATel. (1-410) 290 66 52Fax (1-410) 290 66 54Underwriters Laboratories, Inc.1285 Walt Whitman Rd.Melville, NY 11747USATel. (1-847) 272 88 00Fax (1-847) 272 81 2933 Pfingston Rd.Northbrook, IL 60062USATel. (1-847) 272 88 00Fax (1-847) 272 81 292600 N.W. Lake Rd.Camas, WA 98607USATel. (1-847) 272 88 00Fax (1-847) 272 81 2912 Laboratory Dr.RTP, NC 27709USATel. (1-847) 272 88 00Fax (1-847) 272 81 291655 Scott Blvd.Santa Clara, CA 95050USATel. (1-847) 272 88 00Fax (1-847) 272 81 29 ◄ ►M3 Retlif Testing Laboratories795 Marconi AvenueRonkonkoma, New York 11779USATel. (1-631) 737 15 00Fax (1-631) 737 14 97 ◄ ►M8 Integrity Test & Design, an Entela Company37-7 Ayer RoadLittleton, Massachusetts, 01460USATel. (1-616) 247 05 15Fax (1-616) 247 75 27 ◄ ►M15 TIMCO Engineering, Inc.849 NW State Road 45Newberry, Florida 32669USATel. (1-352) 472 55 00Fax (1-352) 472 20 30 ◄ ►M19 L.S. Compliance, Inc.W66 N220 Commerce CourtCedarburg,Wisconsin, 53012-2636USATel: (1-262) 375 44 00Fax: (1-262) 375 42 48 ◄ ►M23 Washington Laboratories, Ltd7560 Lindbergh DriveGaithersburg, Maryland 20879USATel. (1-301) 417 02 20Fax (1-301) 417 90 69 ◄

SECTION VI

DESIGNATING, LISTING, SUSPENDING, WITHDRAWING AND MONITORING CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V







EC access to the US market US access to the EC market EC Authorities identified in Section IV shall designate conformity assessment bodies located in the EC in accordance with the US 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. US Authorities identified in Section IV shall designate conformity assessment bodies located in the US 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. 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. 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.

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.

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.

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 US and the EC for telecommunications and EMC. JSC representatives may each invite manufacturers and other entities as deemed necessary. The representatives for the US 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 US 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; (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.

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; (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 tests 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; (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 US 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.

▼M1 —————

▼B

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

SECTORAL ANNEX FOR ELECTROMAGNETIC COMPATIBILITY (EMC)

PREAMBLE

This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition of Conformity Assessment between the United States and the European Community.

SECTION I

LEGISLATIVE, REGULATORY AND ADMINISTRATIVE PROVISIONS







EC USA 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. Communications Act of 1934, as amended by the Telecommunication Act of 1996, (Title 47 of the United States Code), The US 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 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. For telecommunication equipment and radio transmitters, see also Telecommunication Equipment Sectoral Annex to the Agreement.

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.

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 recognised 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 recognises that the conformity assessment bodies of the other Party, listed in Section V, are authorised 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 the 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.

SECTION IV

AUTHORITIES RESPONSIBLE FOR DESIGNATING THE CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V







EC USA — 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 — Yπουργείο Μεταφορών και Επικοινωνιών — 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 das Comunicações de Portugal — Finland — for telecommunication equipment: — LiikennemimsteriöTrafikministeriet — for other equipment: — Kauppa- ja teollisuusministeriöHandels- och industriministeriet — Sweden — Under the authority of the Government of Sweden: — Styrelsen för ackreditering och teknisk kontroll (SWEDAC) — United Kingdom — Department of Trade and Industry National Institute for Standards and Technology (NIST) Federal Communications Commission (FCC) Federal Aviation Administration (FAA)

SECTION V

CONFORMITY ASSESSMENT BODIES







EC access to the US market US 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. Conformity assessment bodies located in the US shall be designated by the Authorities identified in Section IV following the procedures set out in Section VI of this Annex. ►M2 TÜV ÖsterreichDeutschstrasse, 10A-1230 WienTel. (43-1) 61 09 10Fax (43-1) 610 91 89Radio Frequency Technologies Ltd40, Marrowbone LaneDublin 8, IrelandTel. (353-1) 454 53 23Fax (353-1) 454 53 24KEMA Registered Quality BVPostbus 90356800 ET ArnhemThe NetherlandsTel. (31-26) 356 34 17Fax (31-26) 351 01 78Philips Consumer Electronics BVPO Box 800025600 JB EindhovenThe NetherlandsTel. (31-40) 273 26 39Fax (31-40) 273 61 77Telefication BV — KTLPO Box 600046800 JA ArnhemThe NetherlandsTel. (31-26) 378 07 80Fax (31-26) 378 07 89CEISCarretera de Villaviciosa de Odón a Móstoles, Km. 1,700Apartado 233E-28930 Mostóles — MadridTel. (34) 916 16 00 18Fax (34) 916 16 23 72CETECOMParque Tecnológico de Andalucía. c/Severo Ochoa s/nE-29590 Campanillas — MálagaTel. (34) 952 61 91 05Fax (34) 952 61 91 13INTACarretera de Ajalvir, Km. 4E-28850 Torrejón de Ardoz — MadridTel. (34) 915 20 21 25Fax (34) 915 20 20 21LABEINCuesta de Olaveaga, 16E-48013 Bilbao — VizcayaTel. (34) 944 89 26 00Fax (34) 944 89 24 95LCOEc/José Gutiérrez Abascal, 2E-28006 MadridTel. (34) 915 62 51 16Fax (34) 915 61 88 18LGAICtra de acceso a la Facultad de Medicina UABE-08290 Cerdanyola del Vallès — BarcelonaTel. (34) 936 91 92 11Fax (34) 936 91 59 11Telub ABBox 360S-831 25 ÖstersundTel. (46-63) 15 60 00Fax (46-63) 15 61 99Swedish National Testing and Research Institute (SP)Box 857S-501 15 BoråsTel. (46-33) 16 50 00Fax (46-33) 13 55 02BSI TestingMaylands AvenueHemelHempstead Herts HP2 4SQUnited KingdomTel. (44-1442) 23 04 42Fax (44-1231) 23 14 42 ►M21 ◄ EMC ProjectsHolly Grove Farm/Verwood Road/Ashley RingwoodHampshire BH24 2DBUnited KingdomTel. (44-1425) 47 99 79Fax (44-1425) 48 06 37Hursley EMC Services LtdUnit 16/Brickfiel LaneChandlers FordHampshire SO53 4DPUnited KingdomTel. (44-1703) 27 11 11Fax (44-1703) 27 11 44Radio Frequency Investigations LtdEwhurst ParkRamsdell BasingstokeHampshire RG26 5RQUnited KingdomTel. (44-1256) 85 11 93Fax (44-1256) 85 11 92TRL EMCLong GreenForthamptonTewkesburyGloucestershire GL19 4QHUnited KingdomTel. (44-1684) 83 38 18Fax (44-1684) 83 38 58TUV Product ServiceSegensworth RoadTitchfieldFarehamHampshire PO15 5RHUnited KingdomTel. (44-1329) 44 33 00Fax (44-1329) 44 34 22A D Compliance Services Ltd1, Hilton SquarePendleburyManchester M27 4DBUnited KingdomTel. (44-161) 727 66 19Fax (44-161) 727 85 67CelesticaWestfields HouseWest Avenue KidsgroveStoke-on-Trent Staffs.. ST7 1TLUnited KingdomTel. (44-1782) 79 48 48Fax (44-1782) 78 42 10BABT Product Services LtdSegensworth RoadFarehamHampshire PO15 5RHUnited KingdomTel. (44-1932) 25 12 00Fax (44-1932) 25 12 01KTLSaxon Way — Priory Park WestHullHumberside HU13 9PBUnited KingdomTel. (44-1482) 80 18 01Fax (44-1482) 80 18 06Motor Industry Research AssociationWatling StreetNuneatonWarwickshire CV 10 0TUUnited KingdomTel. (44-1203) 35 50 00Fax (44-1203) 35 53 55 ◄ ►M3 Alcatel Espana SAC/Ramírez de Prado 5E-28045 MadridTel. (34) 913 30 44 55Fax (34) 913 30 56 52EMCEC OyPO Box 19FIN-02601 EspooTel. (358) 42 45 45 41Fax (358) 42 45 45 43 22SGS Fimko LtdPO Box 30FIN-00211 HelsinkiTel. (358-9) 69 63 61Fax (358-9) 696 32 61 ◄ ►M4 AEMC Mesure665, rue de la Maison BlancheF-78680 OrgevalTel. (33) 1 39 75 22 22Fax (33) 1 39 75 97 46Z.I. Mi-plaine7, rue Georges MeliesF-69680 ChassieuTel: (33) 4 78 40 66 55Fax: (33) 4 72 47 00 39Emitech3, rue des CoudriersZ.A. de l'ObservatoireF-78180 Montigny-le-BretonneuxTel. (33) 1 30 57 45 12Fax (33) 1 30 43 48 0015, rue de la ClaieZ.I. Angers-BeaucouzéF-4970 Beaucouzé3, rue du MassacanZ.I. Vallée du SalaisonF-34740 VendarguesUtacBP 312Autodrome de Linas-MonthéryF-91311 Monthéry cedexTel. (33) 1 69 80 17 90Fax (33) 1 69 80 17 09 ►M8 ◄ NCE19, rue François BlumetZ.I. de l'ArgentièreF-38360 SassenageTel. (33) 4 76 27 83 83Fax (33) 4 76 27 77 00 ◄ ►M6 Compliance Engineering Ireland LtdRaystonRathoath RoadAshourneCounty MeathIrelandTel. (353-1) 825 67 22Fax (353-1) 825 67 33SGS United KingdomInternational Electrical ApprovalsSouth Industrial EstateBowburnCounty Durham DH6 5ADUnited KingdomTel. (44-191) 377 20 00Fax (44-191) 377 20 20York EMC Services LtdDepartment of ElectronicsUniversity of YorkHeslingtonYork YO1 5DDUnited Kingdom ◄ ►M7 EMI-EMC Laboratory, Alcatel ItaliaVia Trento 30I-20059 Vimercate (MIFax (39) 39 686 31 89 ◄ ►M9 ICEM — Laboratoria CEM de la UPV-ETSICamino de la Vera, s/nE-46022 ValenciaTel. (34) 963 87 73 06Fax (34) 963 87 73 09Phoenix Test-Lab GmbHKönigswinkel 10D-32825 BlombergTel. (49-5235) 95 00 24Fax (49-5235) 95 00 28CETECOMCETECOM ICT Services GmbHUntertürkheimer Str. 6-10D-66117 SaarbrückenTel. (49-681) 598 87 23Fax (49-681) 598 90 75CETECOM GmbHIm Teelbruch 122D-45219 EssenTel. (49-2054) 951 99 24Fax (49-2054) 951 99 02EMCC Dr. RašekMoggastD-91320 EbermannstadtTel. (49-9194) 90 16Fax (49-9194) 81 25 ◄ ►M10 TCC TampereP.O. Box 68(Sinitaival 5)FIN-33720Tel. (358) 718 00 80 00Fax (358) 718 04 68 80 ◄ ►M11 Fujitsu Siemens Computers GmbHCenter for Tests and ComplianceBuergermeister Ulrich-Str. 100D-86199 AugsburgTel. (49-821) 804 21 60Fax (49-821) 804 26 75Obering. Berg & Lukowiak GmbHLöher Str. 157D-32609 HüllhorstTel. (49-5744) 13 37Fax (49-5744) 28 90Siemens A&D ATS 6EMC CenterPaul-Gossen-Str. 100D-91052 ErlangenTel. (49-9131) 73 14 53Fax (49-9131) 72 50 07ALCATEL LaboratoryFrancis Wellesplein 1B-2018 AntwerpenTel. (32-3) 240 40 11Fax (32-3) 240 99 99Laboratoria DE NAYERJan De Nayerlaan 3B-2860 Sint-Katelijne-WaverTel. (32-15) 31 33 22Fax (32-15) 31 74 53 ◄ ►M13 Samsung Euro QA Lab (SEQAL)Blackbushe Business ParkSaxony WayYateleyHampshireGU46 6GGUnited KingdomTel. (44-1252) 86 38 00Fax (44-1252) 86 38 14 ◄ ►M17 TILAB, Telecom Italia Lab SpATILAB-LAP (EMC Center)Via G. Reiss Romoli, 274I-10148 TorinoTel. (39) 112 28 52 99Fax (39) 112 28 75 40 ◄ ►M18 TÜV Italia srlVia Bettola, 32I-20092 Cinisella Balsamo (MI)Tel. (39) 125 52 54 00Fax (39) 125 52 54 99NEMKO SpAVia Trento e Trieste, 116I-20046 Biassono (MI)Tel. (39) 392 20 12 01Fax (39) 392 75 32 40 ◄ ►M19 E.S.M. (Dep Pioneer)Joseph Cardijnstraat 31B-9420 Erpe-MereTel: (32-53) 82 13 12Fax: (32-53) 82 13 00 ◄ ►M20 BZT-ETS Certification GmbHStorkower Str. 38 cD-15526 ReichenwaldeTel: (49-33631) 88 82 22Fax: (49-33631) 88 86 80 ◄ ►M22 EMCE GmbHLaupheimer Str. 25dD-88483 BurgriedenTel. (49 7392) 91 13 70Fax (49 7392) 91 13 72EMV TESTHAUS GmbHGustav-Hertz-Straße 35D-94315 StraubingTel. (49 9421) 92 30 33Fax (49 9421) 92 30 35 ◄ ►M24 GYL TechnologiesParc d’activités de Lanserre21, rue de la FuyeF-49610 Juigné-sur-LoireTel: (33 2) 41 57 57 40Fax: (33 2) 41 45 25 77 ◄ ►M25 D.A.R.E. Consultancy BVVijzelmolenlaan 73447 GX WoerdenNetherlandsTel. (31) 348 430 979Fax (31) 348 430 645 ◄ ►M26 IMQ — Istituto Italiano del Marchio di QualitàVia Quintiliano, 43I-20138 MILANOTel.: +39 02 5073 392Fax: +39 02 5099 1509 ◄ ►M27 TÜV Rheinland-EPS BVSmidshornerweg 189822 ZG NiekerkNETHERLANDSBicon Laboratories BV (BICON)Waterdijk 3A, 5705 CW HelmondPO box 118, 5700 AC HelmondNETHERLANDSSIQ – Slovenian Institute of Quality and MetrologyTržaška cesta 2SI-1000 LjubljanaSLOVENIA ◄ ►M28 ALTER TECHNOLOGY TÜV NORD, S.A.U.ATN ECEmilia Santiago & Jorge BerkowitschC/la Majada, 328760 — Tres Cantos (Madrid)SPAINM. DUDDE HOCHFREQUENZ-TECHNIKRottland 5a51429 — Bergisch GladbachGERMANY ◄ ►M29 INTEL MOBILE COMMUNICATIONS France S.A.S.425 Rue de Goa, Le Cargo Bat. B6Zone des 3 MoulinsAntibes, 06600FRANCE ◄ ►M2 3M Product Safety EMC Laboratory410 E. Filmore AvenueSt Paul, Minnesota 55144-1000USATel. (1-612) 778 63 36Fax (1-612) 778 62 52Acme Testing, Inc.PO Box 3, 2002 Valley HighwayAcme, Washington 98220-0003USATel. (1-360) 595 27 85Fax (1-360) 595 27 22CKC Laboratories, Inc.5473 A. Clouds RestMariposa, California 95338USATel. (1-209) 966 52 40Fax (1-209) 742 61 33110 Olinda PlaceBrea, California 92621USA1100 Fulton PlaceFremont, California 92621USA1653 Los Viboras RoadHollister, California 95023USA5289 NE Elam Young ParkwaySuite G-900Hillsboro, Oregon 97124USA22105 Wilson River HighwayTillamook, Oregon 97141USA14797 NE 95th StreetRedmond, Washington 98052USACommunication Certification Laboratory1940 West Alexander StreetSalt Lake City, Utah 84119-2039USATel. (1-801) 972 61 46Fax (1-801) 972 84 32Compatible Electronics, Inc.114 Olinda DriveBrea, California 92823USA2337 Troutdale DriveAgoura, California 91301USATel. (1-714) 579 18 50Fax (1-714) 579 18 50Curtis-Straus LLC527 Great RoadLittleton, Massachusetts 01460USATel. (1-978) 486 88 80Fax (1-978) 486 88 28DLS Electronic Systems, Inc.1250 Peterson DriveWheeling, Illinois 60090-6454USATel. (1-847) 537 64 00Fax (1-847) 537 64 88Dell Regulatory Test LaboratoriesOne Dell Way, MS 6201Round Rock, TX 78682USATel. (1-512) 728 73 80Fax (1-512) 728 56 47Elite Electronic Engineering, Inc.1516 Centre CircleDowners Grove, Illinois 60515-1082USATel. (1-630) 495 97 70Fax (1-630) 495 97 85Elliott Laboratories Inc.684 West Maude AvenueSunnyvale, California 94086-3518USATel. (1-408) 245 78 00Fax (1-408) 245 34 99Instrument Specialties Company, Inc.PO Box 650Shielding WayDelaware Water Gap, Pennsylvania 18327-0136USATel. (1-570) 424 85 10Fax (1-570) 421 42 27Intertek Testing Services24 Groton AvenueCortland, New York 13045USATel. (1-607) 758 63 36Fax (1-607) 756 66 99(Cortland serves as point of contact only)70 Codman Hill RoadBoxborough, Massachusetts 01719USA7250 Hudson Boulevard, Suite 100Oakdale, Minnesota 55128USA1950 Evergreen Boulevard, Suite 100Deluth, Georgia 30096USA1365 Adams CourtMenlo Park, California 94025USAL.S. Compliance Inc.W66 N220 Commerce CourtCedarburg, Wisconsin 53012-2636USATel. (1-262) 375 44 00Fax (1-262) 375 42 48M. Flom Associates, Inc.3356 North San Marcos Place, Suite 107Chandler, Arizona 85225-7176USATel. (1-480) 926 31 00Fax (1-480) 926 35 98MET Laboratories, Inc.914 West Patapsco AvenueBaltimore, Maryland 21230-3432USATel. (1-410) 354 33 00Fax (1-410) 354 33 13Motorola SSG EMC/Tempest Laboratory8201 E. McDowell RoadScottsdale, Arizona 85252USATel. (1-602) 441 31 38Fax (1-602) 441 36 25National Technical Systems (NTS)533 Main StreetActon, Massachusetts 01720USA(Acton serves as point of contact only)1146 Massachusetts AvenueBoxborough, Massachusetts 01719USA1701 East Plano Parkway, Suite 150Plano, Texas 75074USA1536 East Valencia DriveFullerton, California 92831USATel. (1-978) 263 29 33Fax (1-978) 263 57 34PCTEST Engineering Laboratory, Inc.6066-B Dobbin RoadColumbia, Maryland 21045-4708USATel. (1-410) 290 66 52Fax (1-410) 290 66 54Quest Engineering Solutions, Inc.7 Sterling RoadN. Billerica, Massachusetts 01862USATel. (1-978) 667 70 00Fax (1-978) 667 33 88Rhein Tech Laboratories, Inc.360 Herndon Parkway, Suite 1400Herndon, Virginia 20170-4824USATel. (1-703) 689 03 68Fax (1-703) 689 20 56Underwriters Laboratories333 Pfingsten RoadNorthbrook, lllinois 60062-2096USATel. (1-847) 272 88 80 ×43281Fax (1-847) 509 63 212600 NW Lake RoadCamas, Washington 98607-8542USA1285 Walt Whitman RoadMelville, New York 11747-3081USA12 Laboratory DriveResearch Triangle Park, North Carolina 27709USA1655 Scott BoulevardSanta Clara, California 95050USAWashington Laboratories, Ltd7560 Lindbergh DriveGaithersburg, Maryland 20879USATel. (1-301) 417 02 20Fax (1-301) 417 90 69Wyle Laboratories7800 Highway 20 WestHuntsville, Alabama 35806USATel. (1-256) 837 44 11Fax (1-256) 830 21 09 ◄ ►M3 Retlif Testing Laboratories795 Marconi AvenueRonkonkoma, New York 11779USATel. (1-631) 737 15 00Fax (1-631) 737 14 97Analab L.L.C.PO Box 34Spring Hill RoadSterling, Pennsylvania 18463USATel. (1-570) 689 39 19Fax (1-570) 689 93 60Integrity, Testing & Design, an Entela Company37-7 Ayer RoadLittleton, Massachusetts 01460USATel. (1-616) 248 96 08Fax (1-616) 247 75 27Compliance Certification Services, Inc.561F Monterey RoadMorgan Hill, California 95037USATel. (1-408) 463 08 85Fax (1-408) 463 08 88Northwest EMC, Inc.22975 NW Evergreen Parkway, Suite 400Hillsboro, Oregon 97124USATel. (1-503) 844 40 66Fax (1-503) 844 38 26 ◄ ►M6 TÜV Rheinland of North America, Inc.12 Commerce RoadNewtown, Connecticut 06470-1607USATel: (1-203) 426 08 88Fax (1-203) 270 88 83 ◄ ►M7 TÜV Product Service, a Division of TÜV America Inc.1775 Old Highway 8, NWSuite 104New Brighton, Minnesota 55112-1891USATel. (1-651) 638 02 44Fax (1-651) 638 02 855541 Central AvenueBoulder, Colorado 80301-2846USA10040 Mesa Rim RoadSan Diego, California 92121-1034USA ◄ ►M12 TIMCO Engineering, Inc.849 NW State Road 45P.O. Box 370Newberry, Florida 32669USATel. (1-352) 472 55 00Fax (1-352) 472 20 30 ◄ ►M16 Compatible Electronics, Inc.Site at:19121 El Toro RoadSilverado/Lake Forest, California 92676USATel. (1-714) 579 05 00Fax (1-714) 579 18 50Test Site Services, Inc.PO box 766Marlboro, Massachusetts 01752USATel. (1-508) 481 16 84Fax (1-508) 481 16 84 ◄

SECTION VI

DESIGNATING, LISTING, SUSPENDING, WITHDRAWING AND MONITORING CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V







EC access to the US market US access to the EC market EC Authorities identified in Section IV shall designate conformity assessment bodies located in the EC in accordance with the US 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. US Authorities identified in Section IV shall designate conformity assessment bodies located in the US 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. 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.

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 Directive 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.

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 conformity 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.

3.2. The JSC consists of representatives of the US and the EC for telecommunications and EMC. JSC representatives may each invite manufacturers and other entities as deemed necessary. The representatives for the US shall 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 US 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.

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.

SECTION VIII

TRANSITIONAL ARRANGEMENT

1. There shall 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; (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; (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 the US 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.

▼M1 —————

▼B

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.

SECTION I

LEGISLATIVE, REGULATORY AND ADMINISTRATIVE PROVISIONS







US access to the EC market EC access to the US 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. 29 USC 651 et seq. US 29 CFR 1910.7 Products that are certified or approved under the Federal Mine Safety and Health Act (30 USC 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 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 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. For telecommunication equipment, see the Telecommunication Equipment Sectoral Annex to this Agreement.

SECTION II

SCOPE AND COVERAGE







US access to the EC market EC access to the US market The electrical safety requirements of products falling under the scope of Council Directive 73/23/EEC on the harmonisation of the laws of the Member States relating to electrical equipment designed or 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 USC 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.

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 recognised to test, certify and mark products within the scope of their Nationally Recognised Testing Laboratory (NRTL) recognition for assessing conformity to US requirements.

With regard to US 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 US shall be recognised under Article 11 of Council Directive 73/23/EEC as ‘bodies which may make a report in accordance with Article 8.’

SECTION IV

AUTHORITIES RESPONSIBLE FOR DESIGNATING THE CONFORMITY ASSESSMENT BODIES LISTED IN SECTION V







EC access to the US market US access to the EC market — Belgium — Ministère des Affaires Economiques — Ministerie van Economische Zaken — Denmark — Bygge- og Boligstyrelsen — Danmarks Elektriske Materielkontrol (DEMKO) — Germany — Bundesministerium für Arbeit und Sozialordnung — Greece — Yπουργείο Ανάπτυξης — 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 — De Minister van Volksgezondheid, Welzijn en Sport National Institute for Standards and Technology (NIST) — Austria — Bundesministerium für wirtschaftliche — Angelegenheiten — Portugal — Under the authority of the Government of Portugal: — Instituto Português da Qualidade — Finland — Kauppa- ja teollisuusministerio/Handels- och industriministeriet — Sweden — Under the authority of the Government of Sweden: — Styrelsen för ackreditering och teknisk kontroll (SWEDAC) — United Kingdom — Department of Trade and Industry

SECTION V

CONFORMITY ASSESSMENT BODIES







EC access to the US market US 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: The names and scope of responsibilities of Conformity Assessment Bodies located in the US and listed in accordance with this Sectoral Annex: (to the provided by the EC) (to be provided by the U.S.)

SECTION VI

DESIGNATING, LISTING, SUSPENDING AND WITHDRAWING CONFORMITY ASSESSMENT BODIES







EC access to the US market US access to the EC market Conformity assessment bodies from the EC shall be designated by the EC Authorities identified in Section IV and recognised by the Joint Committee, in accordance with the recognition procedures in the Agreement and this Annex. Conformity assessment bodies from the US shall be designated by the US Authority identified in Section IV and recognised by the Joint Committee, in accordance with the recognition procedures in the Agreement and Council Directive 73/23/EEC. Conformance with the appropriate ISO/IEC Guides or the corresponding EN-45000 series of standards shall be deemed consistent with US requirements identified in Section I. 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 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 US 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. For purposes of designating and listing, the US Designating Authority identified in Section IV shall designate conformity assessment bodies located in the US 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. 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. The EC shall notify the US Designating Authority within 30 days as to whether the proposal is complete and shall indicate, where applicable, any additional information that is required. Upon receipt of a complete proposal, the US 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. 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. EC conformity assessment bodies listed in Section V shall have NRTL status in the US. The US conformity assessment bodies listed in Section V shall have Notified Body status within the EC. 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.

SECTION VII

JOINT SECTORAL COMMITTEE FOR ELECTRICAL SAFETY

1. The Joint Sectoral Committee for Electrical Safety (JSC/ES) consists of representatives of the US and the EC. OSHA shall represent the US 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 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.

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.

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 US: 46 USC 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.

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 USC 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 US shall establish compliance as required to be demonstrated by Directive 94/25/EC. This demonstration of compliance shall be recognised 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 US market for sale as recreational craft, pursuant to Section I.

SECTION III

AUTHORITIES RESPONSIBLE FOR DESIGNATING THE CONFORMITY ASSESSMENT BODIES







EC access to the US market US access to the EC market — Belgium — Ministère des Communications et de l'infrastructure — Ministerie van Verkeer en Infrastructuur — Germany — Bundesministerium für Wirtschaft — Spain — Ministerio de Fomento — France — Ministère de l'Equipment, des Transports et du Logement — 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 for ackreditering och teknisk kontroll (SWEDAC) — United Kingdom — Department of Trade and Industry National Institute for Standards and Technology (NIST)

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 US requirements; (b) for the US, 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.

SECTION V

CONFORMITY ASSESSMENT BODIES







EC access to the US market US 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: The names and scope of responsibilities of Conformity Assessment Bodies located in the US and listed in accordance with this Sectoral Annex: (to be provided by EC) ►M6 Underwriters Laboratories Inc. (UL)12 Laboratory Drive Research Triangle Park, North Carolina 27709USATel: (1-847) 272 88 00 ext. 43894Fax: (1-847) 509 63 21 ◄

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 mean 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.

4. Product Scope All products covered by Section II of this Annex.

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

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 authorised 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.

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.

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 law, regulations, standards and commitments made as part of the approval to market a product.

3. ‘Good Manufacturing Practices’ (GMPs): (The US 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 Authorisation/Product Authorisation 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.

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’).

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 cov