Proposal for a Council Decision determining the Community position for a Decision of the Joint Committee on amending the sectoral annex on telecommunications terminal equipment to the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia
Date: 2000-09-22
Institutions: European Commission
Subjects: Australia, Community certification, mutual recognition principle, technical standard, telecommunications

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.09.2000
COM(2000) 564 final

Proposal for a

COUNCIL DECISION

determining the Community position for a decision of the Joint Committee on amending
the Sectoral Annex on Telecommunications Terminal Equipment to the Agreement on
Mutual Recognition in relation to Conformity Assessment, Certificates and Markings
between the European Community and Australia

(presented by the Commission)

I.

1.

2.

II.

3.

4.

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EXPLANATORY MEMORANDUM

Background

The Agreement on mutual recognition in relation to conformity assessment,
certificates and markings between the European Community (EC) and Australia was
approved by the Council with its Decision of 18 June 19981 and entered into force on
1 January 1999.

According to Article 12(8) 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 Equipment
(TTE Sectoral Annex) therefore needs to be amended to take into account the
legislative situation in the Community.

Amendments
Equipment (TTE)

to the Sectoral Annex on Telecommunications Terminal

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
must
therefore be up-dated to take into account the new legal situation in the
Community. More in detail, the necessary amendments need to reflect the following:

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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 does not
cover radio equipment; however the new Directive does. The Australians are not yet
ready to include radio equipment, so the new Directive will be included but without
radio equipment.

Council Decision of 18 June 1998 on the conclusion of an Agreement on mutual recognition in relation
to conformity assessment, certificates and markings between the European Community and Australia
(OJ L 229, 17.8.1998, 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).

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III.

Decision making procedures

5.

6.

For such amendments, Article 15(4) of the Agreement
foresees that Sectoral
Annexes may, through the Joint Committee, be amended in writing by the Parties. A
decision of the Joint Committee, set up according to Article 12 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 98/508/EC, determined by the Council, acting by
qualified majority on a proposal from the Commission.

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Proposal for a

COUNCIL DECISION

determining the Community position for a decision of the Joint Committee on amending
the Sectoral Annex on Telecommunications Terminal Equipment to the Agreement on
Mutual Recognition in relation to Conformity Assessment, Certificates and Markings
between the European Community and Australia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Council Decision of 18 June 1998 on the conclusion of an Agreement on
mutual recognition in relation to conformity assessment, certificates and markings between
the European Community and Australia4 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, needs to be
amended to bring within its scope new Community legislation in the form of Directive
99/5/EC on radio and telecommunications terminal equipment,

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 12 of the Agreement on mutual recognition in relation to
conformity assessment, certificates and markings between the European Community and
Australia, on amending the Sectoral Annex on Telecommunications Terminal Equipment
shall be based on the amendments specified in the annex to this Decision. 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 2

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OJ L 229, 17.8.1998, p. 1
OJ L , , p.

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

Article 3

Done in Brussels,

For the Council
The President

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1.

2.

3.

ANNEX

Amendments to the Sectoral Annex on Telecommunications Terminal
Equipment

In Scope and Coverage, in the column “Products for export to the European
Community” the entire text is deleted and replaced with the following:

“Any wired telecommunications terminal equipment, connected directly or
indirectly to the public telecommunications network, falling under the scope
of Directive 99/5/EC of the European Parliament and of the Council of
9 March 1999 and radio equipment (falling under the Directive) for which
harmonised standards were adopted on 8/4/2000, and which are included in
Section V.”

In Section I, in the column “The legislative, regulatory and administrative
requirements of the European Community with which Australian designated
Conformity Assessment Bodies shall assess compliance”, the entire text is
deleted and replaced with the following:

“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.”

In Section V, Article 1, 1st para is
replaced with the following:
In accordance with Part 21 of the Telecommunications Act 1997, a
importer must notify the Australian Communications
manufacturer or
Authority (ACA) of their intention to apply a label to customer equipment
prior to placing that customer equipment on the Australian market.

In Section V, Article 1, 2nd para, the words "N° 2 of 1997" at the end of the
para should be deleted. The following sentence should be added: “An
indicative list is included in Section V”.

In Section V, Article 4, the entire text is deleted and replaced with the
following:

to use the procedures of Directive
“Where a manufacturer chooses not
99/5/EC for assessing conformity to electrical safety and EMC requirements,
the relevant provisions of the Sectoral Annexes on, respectively, Low
Voltage Equipment and Electromagnetic Compatibility shall apply.”

4.

In Section V, the list of ACA Standards is deleted and replaced with the
following:

ACA Technical Standards

TS 001

TS 002
TS 003
TS 004

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TS 005
TS 006
TS 007
TS 008
TS 014

TS 015
TS 016
TS 018
TS 019
TS 022
TS 024

TS 025
TS 026
TS 028
TS 031
TS 034
TS 038

European Community's Technical Standards

EN 301 419-1 (December 1999)
EN 301 419-2 (April 1999)
EN 301 419-3 (November 1999)

EN 301 419-7 (November 1999)
TBR 06 (January 1997)
TBR 19 Ed. 3 (October 1996)
TBR 23 (March 1998)
TBR 26 (May 1998)
TBR 27 (December 1997)

TBR 28 (December 1997)
TBR 30 (December 1997)
TBR 31 Ed. 2 (March 1998)
TBR 35 (September 1998)
TBR 41 (February 1998)
TBR 42 (February 1998)
TBR 43 (May 1998)
TBR 44 (May 1998)

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