Proposal for a Council Decision determining the Community position for a Decision of the Joint Committee on amending the sectoral annexes on telecommunications terminal equipment, information technology equipment and radio transmitters, on electromagnetic compatibility, on electrical safety, on recreational craft and on medical devices of the Agreement on mutual recognition between the European Community and Canada
Date: 2000-09-22
Institutions: European Commission
Subjects: Canada, mutual recognition principle, radio equipment, technical standard, telecommunications equipment

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.09.2000
COM(2000) 563 final

Proposal for a

COUNCIL DECISION

determining the Community position for a decision of the Joint Committee on amending
the Sectoral Annexes on Telecommunications Terminal Equipment, Information
Technology Equipment and Radio Transmitters, on Electromagnetic Compatibility, on
electrical Safety, on Recreational Craft and on Medical Devices of the Agreement on
Mutual Recognition between the European Community and Canada

(presented by the Commission)

I.

1.

2.

3.

II.

4.

5.

1

2

3

EXPLANATORY MEMORANDUM

Background

The Agreement on Mutual Recognition between the European Community (EC) and
Canada was approved by the Council with its Decision of 20 July 19981 and entered
into force on 1 November 1998.

According to Article XV(2) of the Agreement, there is a general obligation on the
Parties to bring within the scope of the Agreement new or additional conformity
assessment procedures affecting a sector covered by a Sectoral Annex. The
Community adopted on 9 March 1999 a new directive 99/5/EC on radio and
telecommunication terminal equipment, which will replace the existing directive
from 8 April 2000. The Sectoral Annex on Telecommunications Terminal
Information Technology Equipment and Radio Transmitters (TTE
Equipment,
the new
Sectoral Annex) therefore needs to be amended to take into account
legislative situation in the Community.

The Sectoral Annexes of the Agreement also foresee a transitional period of 18
months for the purpose of carrying out confidence building activities. These need to
be extended from 1st April 2000 up to 31/01/2001 (an additional period of nine
months) to ensure the confidence-building activities are carried out thoroughly and
completely.

Amendments
to the Sectoral Annex on Telecommunications Terminal
Equipment, Information Technology Equipment and Radio Transmitters (TTE)

Directive 99/5/EC on radio equipment and telecommunications terminal equipment2
was adopted on 9 March 1999 and will repeal directive 98/13/EC3 as of 8 April 2000.
The existing TTE Sectoral Annex makes a reference to directive 98/13/EC and it
therefore be up-dated to take into account the new legal situation in the
must
Community. More in detail, the necessary amendments need to reflect the following:

-

-

-

Changed scope between directive 98/13/EC and 99/5/EC.

Changed conformity assessment procedures between the directives.

Changed relation to directive 73/23/EEC on low voltage equipment and
directive 89/336/EEC on electromagnetic compatibility.

With regard to the scope,
the existing coverage of the TTE Sectoral Annex
corresponds to that of directive 99/5/EC. Consultations with the Canadian authorities
have resulted in agreement on the modifications that need to made to the TTE
Sectoral Annex.

Council Decision of 20 July 1998 on the conclusion of an Agreement on Mutual Recognition between
the European Community and Canada (OJ L 280, 16.10.1998, p. 1).
Directive 99/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment
and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 91,
7.4.1999, p. 10).
Directive 98/13/EC of the European Parliament and the Council of 12 February 1998 relating to
telecommunications terminal equipment and satellite earth station equipment, including the mutual
recognition thereof (OJ L 74, 12.3.1998, p. 1).

2

6.

the Agreement, confidence-building activities
Concerning certain annexes of
foreseen for a transitional period have not been completed and this period will
require to be extended by nine months from 1st April 2000 up to 31/01/2001.

III.

Decision making procedures

Article XIX(2), second sentence, of the Agreement foresee that Sectoral Annexes
may,
through the Joint Committee, be amended in writing by the Parties.
the Joint Committee is
Furthermore, Articles XI.3(a) and IV.3 lay down that
responsible for amending Sectoral Annexes. A decision of the Joint Committee, set
up according to Article XI.3(a) of the Agreement, is therefore required.

For such a decision by the Joint Committee the Community position is, according to
Article 3(3) of Council Decision 98/566/EC, determined by the Council, acting by
qualified majority on a proposal from the Commission.

3

Proposal for a

COUNCIL DECISION

determining the Community position for a decision of the Joint Committee on amending
the Sectoral Annexes on Telecommunications Terminal Equipment, Information
Technology Equipment and Radio Transmitters, on Electromagnetic Compatibility, on
electrical Safety, on Recreational Craft and on Medical Devices of the Agreement on
Mutual Recognition between the European Community and Canada

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Council Decision of 20 July 1998 on the conclusion of an Agreement on
Mutual Recognition between the European Community and Canada4 and in particular Article
3(3) of that Decision,

Having regard to the proposal from the Commission5,

Whereas the Sectoral Annex on Telecommunications Terminal Equipment, Information
Technology Equipment and Radio Transmitters needs to be amended to bring within its scope
new Community legislation
and
in the
telecommunications terminal equipment,

form of Directive

99/5/EC on radio

HAS DECIDED AS FOLLOWS:

Article 1

The position to be adopted by the European Community for a decision by the Joint
Committee, set up under Article XI of the Agreement on Mutual Recognition between the
European Community and Canada, on amending the Sectoral Annex on Telecommunications
Terminal Equipment, Information Technology Equipment and Radio Transmitters shall be
based on the amendments specified in annex I to this Decision. Minor modifications to the
amendments specified in the annex may be accepted without further decision by the Council.

Article 2

The position to be adopted by the European Community for a decision by the Joint
Committee set up under Article XI of the Agreement on Mutual Recognition between the
European Community and Canada on amending the Sectoral Annexes to extend the
transitional periods shall be based on the amendments specified in Annex 2 to this Decision.

4

5

OJ L 280, 16.10.1998, p. 1
OJ L , p.

4

Minor modifications to the amendments specified in the annex may be accepted without
further decision by the Council.

The Council authorises the Commission to sign on behalf of the Community the decision of
the Joint Committee that adopts the amendments mentioned in Article 1.

Article 3

The Decision of the Joint Committee shall be published in the Official Journal of the
European Communities once it has been adopted.

Article 4

Done in Brussels,

For the Council
The

President

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ANNEX 1

Amendments to the Sectoral Annex on Telecommunications Terminal
Equipment, Information Technology Equipment and Radio Transmitters

1.

In Article 4 (1), the second indent is modified as follows:

“For electromagnetic compatibility (EMC) the recognition of each other’s
certificates of compliance, suppliers’ declaration and Technical Construction
File, as required. The detailed provisions are described in this Annex or the
sectoral annex on EMC; where a manufacturer chooses not
to use the
procedure of EC Directive 99/5/EC for assessing conformity with EMC
requirements, the relevant provisions of the sectoral annexes on EMC shall
apply.”

2.

In Article 4 (1), the third subparagraph, is modified as follows:

“For electrical safety / low voltage the acceptance of testing, certification of
compliance and supplier’s declaration of conformity of the covered products
to the electrical safety requirements of the other Party. The detailed
provisions are described in this Annex or the sectoral annex on electrical
safety; where a manufacturer chooses not
to use the procedure of EC
safety
Directive 99/5/EC for
requirements, the relevant provisions of the sectoral annexes on electrical
safety shall apply.”

conformity with electrical

assessing

3.

In Article 4 (1), the following subparagraphs are added:

“-

-

prescription of radio tests to be performed pursuant to annexes III and
IV of Directive 99/5/EC

issuing of an opinion on a technical file pursuant
Directive 99/5/EC.”

to annex V of

4.

Article 6 (1) is deleted and replaced with the following:

“There will be a transitional period of 27 months before the provisions of this
Annex, notably Section 4, become fully operational on 31/01/2001.”

5.

In Attachment 1, “European Community” column, the whole text is replaced
with the following:

“Directive 99/5/EC of the European Parliament and of the Council of
9 March 1999 on radio equipment
terminal
equipment and the mutual recognition of their conformity

and telecommunications

Council Directive 73/23/EEC as amended by Council Directive 93/68/EC

Council Directive 89/336/EEC as amended by Council Directive 92/31/EEC
and 93/68/EC.

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6.

In Attachment 2, “European Community” column, the whole text is replaced
with the following:

“In specific, but not exclusive terms, the following interfaces and services

within the scope of Directive 99/5/EC are included:

-

-

all wired telecommunications terminal equipment

all radio equipment, with the exception of:

•

•

•

•

•

•

•

•

•

•

a medical device within the meaning of Article 1 of Council
Directive 93/42/EEC of 14 June 1993;

an active implantable medical device within the meaning of
Article 1 of Council Directive 90/385/EEC of 20 June 1990;

a component or separate technical unit of a vehicle within the
meaning of Council Directive 72/245/EEC of 20 June 1972 or
Council Directive 92/61/EEC of 30 June 1992;

radio equipment used by radio amateurs within Article 1,
definition 53, of the ITU radio regulations unless the equipment
is available commercially;

kits of components to be assembled by radio amateurs and
commercial equipment modified by and for the use of radio
amateurs are not regarded as commercially available equipment;

equipment within the scope of Directive 96/98/EC (The Marine
Directive);

cable and wiring;

receive only radio equipment intended to be used solely for the
reception of sound and TV Broadcasting Services;

of

products, appliances and components within the meaning of
of
Article 2
16 December 1991
technical
requirements and administrative procedures in the field of civil
aviation;

(EEC) 3922/91
of

Council
on

harmonization

Regulation

the

Air-traffic-management equipment and systems within the
meaning of Article 1 of Council Directive 93/65/EEC of
19 July 1993 on the definition and use of compatible technical
specifications for the procurement of air-traffic-management
equipment and systems;

apparatus exclusively used for activities concerning public
security, defence, State security (including the economic well-
being of the State when the activities relate to State security
matters) and the activities of the State in areas of criminal law.

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Radio equipment is defined as a product, or relevant component thereof,
capable of communication by means of the emission and/or reception of
radio waves utilising the spectrum allocated to terrestrial/space radio
communication; and radio waves means
electromagnetic waves of
frequencies from 9 kHz to 3 000 GHz, propagated in space without artificial
guide.

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ANNEX 2

Amendments to the Sectoral Annex on Electromagnetic Compatibility:

Article 5 (1) is deleted and replaced with the following: “The mutual recognition
provisions of this Annex, notably Section 3, will take effect 27 months following the
entry into force of this Annex, that is on 31/01/2001”.

Amendment to the Sectoral Annex on Electrical Safety:

Article 4.1 is deleted and replaced by the following: “The transitional arrangements
shall operate for a term of 27 months from the time this MRA enters into force, that is
up to 31/01/2001”.

Amendment to the Annex on Recreational Craft:

Section V, first sentence, shall be deleted and replaced with the following: “There will
be a transitional period of 27 months up to 31/01/2001, prior to the operation of this
Annex”.

Amendment to the Annex on Medical Devices:

Article 6.1 shall be deleted and replaced with the following: “The confidence-building
period will commence upon the signing of the MRA and is expected to be completed
within 27 months of entry into force of the agreement, that is by 31/01/2001”.

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