21998A1016(01)

21998A1016(01) 21998A1016(01) Agreement on mutual recognition between the European Community and Canada Official Journal L 280 , 16/10/1998 P. 0003 - 0065  Dates: of document:   14/05/1998 of effect:   01/11/1998; Entry into force See Art 19 And OJ L 280/98 P. 66 of signature:   14/05/1998; London end of validity:   99/99/9999 Authentic language: The official languages ; German ; English ; Danish ; Spanish ; Finnish ; French ; Greek ; Italian ; Dutch ; Portuguese ; Swedish Author: European Community ; Canada Subject matter: Commercial policy ; External relations ; Technical barriers Directory code: 11404000 EUROVOC descriptor: mutual recognition principle ; sectoral agreement ; sectoral planning ; Canada ; EC agreement ; EC joint committee Legal basis: 192E113................... Adoption 192E228-P2F1.............. Adoption 192E228-P3L1.............. Adoption 192E228-P4................ Adoption Instruments cited: 276A0706(01).............. 294A1223(01).............. 294A1223(07).............. Amended by: Adopted by.... 398D0566.......... DP20/7/98 Amended by.... 202D0342.......... Amendment ANN from 27/03/2002 Subsequent related instruments: Amendment proposed by 500PC0563......... AGREEMENT on mutual recognition between the European Community and Canada The EUROPEAN COMMUNITY and the GOVERNMENT OF CANADA ('the Parties`), CONSIDERING the traditional links of friendship that exist between Canada and the European Community; CONSIDERING that on the basis of past experience under the 1976 Framework Agreement on commercial and economic cooperation between the European Communities and Canada, and in order to further develop their dialogue in the area of standards as specified in the 1990 Declaration on EC-Canada relations, both Parties have expressed a desire to establish a more formal framework for the conduct of collaboration in the field of mutual recognition in relation to conformity assessment; CONSIDERING the Parties' interest in strengthening the rules governing free and unhindered international trade; CONSIDERING the improved conditions for trade between the Parties which the mutual recognition of tests, certificates and marks of conformity will bring about; RECOGNISING the importance of maintaining their respective high standards of health and safety; BEARING IN MIND their status as Parties to the Agreement Establishing the World Trade Organisation and conscious in particular of their obligations under the World Trade Organisation Agreement on Technical Barriers To Trade, HAVE AGREED AS FOLLOWS: Article I Definitions General terms concerning conformity assessment used in this Agreement and its Annexes shall have the meaning given in the definitions contained in Guide 2 (1996 edition) of the International Organisation for Standardisation and the International Electrotechnical Commission, unless specifically defined otherwise in this Agreement and its Sectoral Annexes. In addition, the following terms and definitions shall apply to this Agreement: - Agreement means the Framework Agreement and all the Sectoral Annexes, - conformity assessment means systematic examination to determine the extent to which a product, process or service fulfils specified requirements, - conformity assessment body means a body engaged in the performance of procedures for determining whether the relevant requirements in technical regulations or standards are fulfilled, - designating authority means a body with power to designate, monitor, suspend designation or withdraw designation of conformity assessment bodies under its jurisdiction, - designation means the authorisation by a designating authority of a conformity assessment body to perform conformity assessment activities, - Regulatory Authority means a government agency or other 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. In the event of an inconsistency between ISO/IEC Guide 2 and definitions in this Agreement or its Annexes, the definitions in this Agreement shall prevail. Article II General obligations 1. The Sectoral Annexes to this Framework Agreement constitute integral parts of this Agreement. 2. The Government of Canada shall accept the results of conformity assessment procedures, including certifications of compliance, as required by the Canadian legislation and regulations identified in the Sectoral Annexes, produced by designated conformity assessment bodies or authorities in the European Community in accordance with this Agreement. 3. The European Community shall accept the results of conformity assessment procedures, including certifications of compliance, as required by the European Community and Member States legislation and regulations identified in the Sectoral Annexes, produced by designated conformity assessment bodies or authorities in Canada in accordance with this Agreement. 4. Where transitional rules have been specified in Sectoral Annexes, the above rules will apply following the successful completion of the transitional phase. 5. This Agreement shall not be construed to entail mutual acceptance of standards or technical regulations of the Parties and, unless otherwise specified in a Sectoral Annex, shall not entail the mutual recognition of the equivalence of standards or technical regulations. Article III General coverage of the Agreement 1. This Agreement applies to conformity assessment procedures for products covered by its Sectoral Annexes. 2. Each Sectoral Annex shall contain the following items, as appropriate: (a) a statement on the product scope and coverage; (b) a description of the relevant legislative, regulatory and administrative provisions pertaining to the conformity assessment procedures and technical regulations; (c) a list of designated conformity assessment bodies or authorities, or a source from which to obtain such a list; (d) a list of authorities responsible for designating the conformity assessment bodies and the source of the procedures and criteria; (e) a description of the mutual recognition obligations; (f) a sectoral transition plan; (g) a description of the joint sectoral group; (h) a sectoral contact point in each Party's territory; (i) guidelines for corrective actions. 3. For a given product or sector, the specific rules contained in the relevant Sectoral Annex shall prevail over the more general provisions of the Framework Agreement. Article IV Transitional arrangements 1. The Parties agree to implement the transition commitments on confidence building where included in the Sectoral Annexes. 2. The Parties agree that each sectoral transition plan shall specify a time period for completion. 3. The Parties may amend any transition period by mutual agreement through the Joint Committee established under this Agreement, taking account of recommendations made by the relevant joint sectoral groups. 4. Passage from the transitional phase to conditions of full mutual recognition shall proceed unless there is documented evidence demonstrating a lack of technical competence in a Party's conformity assessment. Article V Civil liability 1. Nothing in this Agreement is intended to change or modify the law in the territory of either Party applicable to civil liability of manufacturers, distributors, suppliers, conformity assessment bodies, designating bodies, regulatory authorities or governments, to consumers or among each other, in respect of the design, manufacture, testing, inspection, distribution or sale of products that have undergone conformity assessment pursuant to this Agreement. 2. The Parties agree that their respective conformity assessment bodies are required to make adequate arrangements for liabilities arising from their operations and activities under this Agreement. The Parties, through the Joint Committee, shall from time to time consider whether their respective conformity assessment bodies continue to meet that requirement and whether the interests of the Parties are adequately protected. 3. Each Party shall promptly notify the other Party of any suit or other proceedings threatened or commenced in the territory of such Party arising from or in connection with conformity assessment performed by a conformity assessment body of the other Party. 4. Each Party shall cooperate with the other Party in the investigation and defence of any suit or proceeding where the interests of either Party are at risk. In particular, the Parties shall render reasonable assistance in obtaining relevant documents and access to material witnesses required in the investigation and defence of such suits or proceedings. Article VI Designating authorities 1. The Parties shall ensure that the designating authorities responsible for designating the conformity assessment bodies specified in the Sectoral Annexes shall have the necessary authority to designate, monitor, suspend and withdraw the designations of such bodies. 2. In the case of suspension of a designation or removal of such a suspension, the designating authority of the Party concerned shall immediately inform the other Party and the Joint Committee. 3. The Parties shall exchange information concerning the procedures used to ensure that their designated conformity assessment bodies continue to comply with the legislative, regulatory and administrative provisions of this Agreement. Article VII Conformity assessment bodies 1. The conformity assessment bodies designated in the territory of the exporting Party shall operate to the requirements of the importing Party and fulfil the conditions of eligibility for conformity in relation to those requirements. 2. In designating such bodies, the designating authorities shall specify, in each Annex, the scope of conformity assessment activities for which such bodies have been designated. 3. The designation constitutes a formal judgment by the Party that the conformity assessment body has demonstrated an acceptable level of technical competence in providing services identified in the designation and further has agreed to comply with the requirements of the other Party, as set out in a Sectoral Annex. 4. In accordance with the terms of the Sectoral Annexes, each designating authority will make available, if requested, a statement of technical competence of its designated conformity assessment bodies. Article VIII Verification and suspension of conformity assessment bodies 1. Each Party has the right to challenge the technical competence and compliance of conformity assessment bodies under the jurisdiction of the other Party. This right will be exercised under exceptional circumstances only and justified, in an objective and reasoned manner in writing, to the Joint Committee. The Joint Committee will discuss such requests. 2. Where the Joint Committee, either on its own initiative or on a recommendation from the relevant sectoral group, comes to the conclusion that verification of technical competence or compliance of a conformity assessment body operating in the territory of one of the Parties is required, it will be carried out in a timely manner by the Party in whose territory the body in question is located, or by the Parties jointly if they agree. The Party may seek the assistance of its designating authority in carrying out the verification. 3. Unless decided otherwise by the Joint Committee, the contested conformity assessment body will be suspended by the competent designating authority from the time that a disagreement over the status of that body has been confirmed in the Joint Committee. The body in question shall remain suspended until agreement has been reached in the Joint Committee on the future status of that body. 4. A certificate of conformity or other documentation for a product issued by a conformity assessment body, that is subsequently removed by the Joint Committee or designating authority, shall remain valid unless there is a specific decision by the appropriate regulatory authority based on health and safety considerations for the removal of the product from the market. Article IX 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 inform the other Party of changes related to the subject matter of this Agreement, and shall, except where considerations of safety, health and environmental protection require more urgent action, notify the other Party of the new provisions at least sixty (60) days before their entry into force. 3. Each Party shall promptly notify the other Party of any changes of its designating authorities and conformity assessment bodies. Article X Monitoring of the Agreement 1. The Parties may hold ad hoc consultations within the Joint Committee to ensure the satisfactory functioning of this Agreement. 2. One Party may request the other to carry out, on its behalf, audits and re-evaluations of conformity assessment bodies working to the requirements of the requesting Party. The requesting Party will bear the costs of the audit. 3. In the interests of promoting a uniform application of the conformity assessment procedures provided for in the laws and regulations of the Parties, the designated conformity assessment bodies shall take part, as appropriate, in interpretation sessions conducted by the regulatory authorities in each Party in the relevant areas covered by the Sectoral Annexes to this Agreement. Article XI Joint Committee 1. There shall be established under this Agreement a Joint Committee of the two Parties, which will be responsible for the effective functioning of the Agreement. 2. The Joint Committee shall take its decisions and adopt its recommendations by consensus of the Parties. It will meet at least once a year unless it decides otherwise. It shall determine its own rules of procedure. It may establish a joint sectoral group under a Sectoral Annex, and may delegate specific tasks to those groups. Each Party may invite its representatives from the joint sectoral groups to attend meetings of the Joint Committee when its sectoral interests are the subject of an agenda item. 3. The Joint Committee may consider any matter related to the operation of this Agreement. In particular it shall be responsible for: (a) amending Sectoral Annexes; (b) giving effect to the decision to designate or withdraw the designation of a particular conformity assessment body; (c) exchanging information concerning the procedures used by each Party to ensure that the conformity assessment bodies specified in the Sectoral Annexes maintain the necessary level of competence; (d) determining the status of conformity assessment bodies whose technical competence has been contested; (e) exchanging information and notifying the Parties of modifications of legislative, regulatory and administrative provisions referred to in the Sectoral Annexes; and (f) addressing any questions relating to the operation of this Agreement and its Sectoral Annexes, including questions related to health and safety, market access and the balance of rights and obligations under the Agreement. 4. The following procedure shall apply to the inclusion in or withdrawal from a Sectoral Annex of a conformity assessment body: (a) a Party designating or withdrawing designation of a conformity assessment body shall forward its proposal in writing to the other Party; (b) in the event that the other Party consents to the proposal or upon the expiry of 60 days without an objection having been made, the inclusion in or withdrawal from the Sectoral Annex of the conformity assessment body shall take effect; and (c) in the event that the other Party challenges the technical competence or compliance of a proposed conformity assessment body within the said 60-day period, the Joint Committee may request the proposing Party to carry out a verification, which may include an audit, of the body concerned, in accordance with the provisions of this Agreement. Article XII Joint sectoral groups 1. The Joint Committee may establish joint sectoral groups for individual Sectoral Annexes comprising the appropriate designating and regulatory authorities and experts of the Parties. These groups will address the specific conformity assessment and regulatory issues related to a given sector. 2. The responsibility of the joint sectoral groups may include the following: (a) at the request of a Party, to examine specific problems arising in the implementation of any transitional plans for mutual recognition and to give advisory opinions to the Joint Committee on issues of mutual concern; (b) furnish information and advice on any matters relating to implementation, and on the regulations, procedures and conformity assessment system related to a particular Annex, as may be requested by a Party; (c) review various aspects of the implementation and operation of each Sectoral Annex, including health and safety aspects; and (d) consider issues of interpretation of requirements in the Sectoral Annexes, and where appropriate to make recommendations to the Joint Committee. Article XIII Sectoral contact point, management of information, assistance and emergency action 1. Each Party shall appoint and confirm in writing the names and addresses of contact points to be responsible for activities under each Sectoral Annex. 2. Communications regarding confidence-building activities, emergency actions and regulatory enforcement for products subject to this Agreement will normally be handled directly by the sectoral contact points. Article XIV Safeguards 1. The appropriate regulatory authorities of each Party retain all authority under the applicable law of that Party, to interpret and, as set out in paragraph 2 below, enforce their respective legislative and regulatory provisions. A regulatory authority of the importing Party is not the legal representative of the exporting Party. 2. When a Party or one of its regulatory authorities has reasons to believe that a product from the other Party, covered under a Sectoral Annex, may compromise the health or safety of persons in its territory, or otherwise fails to satisfy a requirement of the applicable Sectoral Annex, the Party in the receiving territory retains all powers under its applicable domestic law to take all appropriate and immediate measures to withdraw such products from the market, prohibit their placement on the market, restrict their free movement, or initiate a product recall. The regulatory authority in whose territory the action has been taken shall inform its counterparts and the Joint Committee within 15 days of taking such action, giving its reasons. 3. The Parties agree that border inspections and checks of products certified to the importing Party's requirements 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 a manner no less favourable than for like domestic goods. Article XV Market access 1. Each Party's obligation to accord mutual recognition within the terms of a Sectoral Annex to this Agreement is conditional upon the other Party continuing: (a) to provide access to its market for products that, having been subjected to conformity assessment procedures, can be demonstrated to meet the applicable technical requirements; and (b) to maintain in existence legal and regulatory authorities capable of implementing the provisions of this Agreement. 2. Where a Party introduces new or additional conformity assessment procedures affecting a sector covered by a Sectoral Annex, the Joint Committee shall, unless the Parties agree otherwise, bring such procedures within the scope of this Agreement and the relevant Annex. 3. If, upon implementation of such new or additional requirements, conformity assessment bodies designated by the other Party in order to meet such requirements have not been recognised by the Party implementing the requirements, the other Party may suspend its obligations under the Sectoral Annex in question. Article XVI Fees Each Party shall ensure that, for conformity assessment procedures carried out pursuant to this Agreement and its Sectoral Annexes, no fees are charged in its territory for conformity assessment services provided by the other Party. Article XVII 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 country not party to this Agreement shall have no force and effect with regard to the other Party. Article XVIII Territorial application This Agreement and its Annexes 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 Canada. Article XIX Entry into force, modification and duration 1. This Agreement and its Annexes shall enter into force on the first day of the second month following the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective procedures for the entry into force of this Agreement. 2. This Agreement may be amended by the written agreement of the Parties. Amendments to, or decisions to terminate Sectoral Annexes will be made by the Parties through the Joint Committee. 3. The Parties may add Sectoral Annexes upon exchange of diplomatic notes. Such Annexes shall take effect as part of this Agreement 30 days following the date on which the Parties have exchanged diplomatic notes confirming the addition of such an Annex. 4. Either Party may terminate this Agreement by giving the other Party six months' notice in writing. Article XX Final provisions This Agreement and the Sectoral Annexes are drawn up in two originals in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic. Hecho en Londres, el catorce de mayo de mil novecientos noventa y ocho. Udfördiget i London den fjortende maj nitten hundrede og otteoghalvfems. Geschehen zu London am vierzehnten Mai neunzehnhundertachtundneunzig. øółżõ ėĮ˙ Ė˙żōčż˙, ėĮłĖ ōõśńĮąėėõęłĖ ĢńĄ˙į ščūłń õżżłńśŽėłń õżõżČżĮń ˙śĮž. Done at London on the fourteenth day of May in the year one thousand nine hundred and ninety-eight. Fait š Londres, le quatorze mai mil neuf cent quatre-vingt-dix-huit. Fatto a Londra, addü quattordici maggio millenovecentonovantotto. Gedaan te London, de veertiende mei negentienhonderd achtennegentig. Feito em Londres, em catorze de Maio de mil novecentos e noventa e oito. Tehty Lontoossa neljōntenōtoista pōivōnō toukokuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōkahdeksan. Som skedde i London den fjortonde maj nittonhundranittioõtta. Por la Comunidad Europea For Det Europöiske Föllesskab FŽr die Europōische Gemeinschaft Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń For the European Community Pour la Communautł europłenne Per la Comunitš europea Voor de Europese Gemeenschap Pela Comunidade Europeia Euroopan yhteisŠn puolesta Põ Europeiska gemenskapens vōgnar >REFERENCE TO A GRAPHIC> Por el Gobierno de Canadń For Canadas regering FŽr die Regierung Kanadas Ćłń Į÷ż śįņąęż÷ė÷ Į˙į ŹńżńōĄ For the Government of Canada Pour le gouvernement du Canada Per il governo del Canada Voor de regering van Canada Pelo Governo do Canadń Kanadan hallituksen puolesta Põ Kanadas regerings vōgnar >REFERENCE TO A GRAPHIC> SECTORAL ANNEX ON TELECOMMUNICATIONS TERMINAL EQUIPMENT, INFORMATION TECHNOLOGY EQUIPMENT AND RADIO TRANSMITTERS 1. PURPOSE The purpose of this Annex is to establish a framework for the acceptance of test reports and, at the end of a transitional period, certificates of conformity issued in the territory of one Party in accordance with the regulatory requirements of the other Party, as referenced in Attachment 1. This Annex constitutes a Sectoral Annex to the Framework Agreement on mutual recognition between Canada and the European Community. 2. SCOPE AND COVERAGE 2.1. The provisions of this Annex shall apply to the following types of telecommunications 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 interwork with such a network, being connected directly or indirectly to the termination point. The system of connection may be wire, radio, optical or other electromagnetic 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; (c) those categories of radio transmitters defined and specified in Attachment 2. 2.2. A list of the interfaces and services covered by each Party is referenced at Attachment 2. 2.3. Both Parties agree that the following is an illustrative but not exhaustive list of covered categories of radio transmitters: - 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. 3. THE APPROVAL REQUIREMENTS 3.1. This Annex shall apply to all mandatory approval requirements, adopted within the territories of the Parties, by government organisations and/or bodies which have the legal powers to enforce a technical requirement, for the equipment referenced in Attachment 2. The relevant technical requirements are specified under the legislation referenced in Attachment 1. 3.2. Any requirements and conformity assessment procedures applied to domestic products shall be applied with no additional requirements or variations to products or conformity assessment results originating from the other Party. 4. CONFORMITY ASSESSMENT ACTIVITIES 4.1. Both Parties affirm that their conformity assessment bodies, recognised under this Annex, are authorised to perform the following activities with regard to each other's technical requirements for telecommunications terminal equipment, radio transmitters and information technology equipment: - for terminal attachment and radio transmission requirements - testing, issuing and acceptance of test reports, performance of required technical evaluation and certification of compliance with the requirements of the laws and regulations applicable in the territories of the Parties for products covered under this Annex, - 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 the Sectoral Annex on ENC, - for electrical safety/low voltage - the acceptance of testing and certification of the covered products to the electrical safety requirements of the other Party. The detailed provisions are described in the Sectoral Annex on electrical safety, - for quality management - the recognition of one Party's quality management certificates in accordance with the regulatory requirements of the other Party. 4.2. Certificates of conformity delivered by the designated conformity assessment bodies of each Party under the provisions of this Annex will be recognised by the authorities of the other Party without any further assessment of the products. 5. INSTITUTIONS 5.1. Designating authorities (a) Designating authorities are those authorities and organisations responsible for designating and assuring the competence of conformity assessment bodies to test and certify equipment covered by this Annex to the requirements of the other Party. The designating authorities for the purpose of this Annex are listed in Attachment 3. The designating authorities may seek the services of their accreditation system in carrying out these responsibilities. (b) Each Party shall notify the other within ten (10) working days of changes in the identity of their designating authorities and their authority to carry out the obligations under this Annex. 5.2. Designated conformity assessment bodies (a) For the purpose of this Annex, each Party will designate competent conformity assessment bodies to carry out conformity assessment to the requirements of the other Party. Each Party shall ensure that the designated bodies comply with the criteria and standards set out in the regulatory requirements of the other Party. In making designations, the Parties shall indicate the products and procedures for which they have been designated. A list of designated bodies, together with an indication of the products and procedures for which they have been designated, is included in Attachment 4. (b) Conformity assessment bodies designated under this Annex shall be recognised as competent to perform the conformity assessment activities for which they have been designated. (c) Designation, suspension or withdrawal of conformity assessment bodies under this Annex shall be in conformance with procedures determined by the Joint Committee established under the Framework Mutual Recognition Agreement. (d) Where a complaint or any other circumstance arises concerning a conformity assessment body's ability to perform under this Annex, the appropriate designating authority must take action to the mutual satisfaction of the Parties. Where necessary, such problems may be considered by the Joint Committee established under the Framework Mutual Recognition Agreement in order to reach a solution. 6. TRANSITIONAL ARRANGEMENT 6.1. There will be a transitional period of 18 months before the provisions of this Annex, notably section 4, become fully operational. 6.2. This transitional period will be used by the Parties: (a) to exchange information on and develop better understanding of their respective regulatory requirements; (b) to develop mutually agreed mechanisms for exchanging information on changes in technical requirements or methods of designating conformity assessment bodies; (c) to monitor and evaluate the work carried out by designated conformity assessment bodies operating during the transitional period. 6.3. During the transitional period the Parties will also reciprocally recognise test reports and related documents issued by designated conformity assessment bodies of the other party in accordance with the provisions of this Annex. To this end, the approving authorities listed in Attachment 5 shall accept test reports and related documents, and evaluations from the designated bodies in the territory of the other Party, for the purposes of approval, without imposing additional requirements, and shall ensure that: - on receipt of test reports, related documents and a first evaluation of conformity, the dossiers are promptly examined for completeness, - the applicant is informed in a precise and complete manner of any deficiency, - an request for additional information is limited to omissions, inconsistencies or variances from the technical regulations or standards, - procedures for equipment modified subsequent to a determination of compliance, are limited to procedures necessary to determine continued conformance, - requirements and conformity assessment procedures applied to domestic products shall be applied with no additional requirements or variations to products or test results originating from the other Party. 6.4. Each approving authority commits itself to issuing approvals or advising the applicant no later than six (6) weeks from receipt of the test report and evaluation from a designated body in the territory of the other Party. 6.5. At the end of the transitional period the Parties will proceed to full mutual recognition of certificates of compliance issued by designated bodies in the other Party. 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 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 will implement such action prior to the expiry of the transitional period. 7. ADDITIONAL PROVISIONS Subcontracting 7.1. Any subcontracting shall be in accordance with the subcontracting requirements of the other Party. 7.2. The conformity assessment bodies shall record and retain details of its investigation of the competence and compliance of its subcontractors and maintain a register of all subcontracting. These details will be available to the other Party on request. Post-market surveillance 7.3. 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. 7.4. When a report of misuse of a mark of conformity or of a hazard involving an approved product covered under this Annex has occurred, both Parties will jointly determine the scope of the misuse and the nature and degree of corrective action to be taken. Joint Telecommunications Group 7.5. The Joint Committee established under the Framework Mutual Recognition Agreement may appoint a Joint Telecommunications Group which shall meet as required to discuss technical, conformity assessment and technology issues relating to this Annex. Exchange of information and mutual assistance 7.6. Each Party shall establish a contact point to provide answers to all reasonable inquiries from the other Party regarding procedures, regulations and complaints. 7.7. As provided in the transitional arrangements set out in section 6.2 the Parties may jointly sponsor two seminars, one in Canada and one in the European Community, concerning the relevant technical and product approval requirements during the first year after the Annex enters into force. 7.8. The Parties shall also inform each other of changes to relevant regulations, specifications, test methods, standards and administrative procedures within thirty (30) working days of their domestic notification. Regulatory changes and updating the Annex 7.9. In the event that there are changes to the regulations referenced in Attachment 1 or the introduction of new regulations affecting conformity assessment procedures taking place in either Party, the Parties will update this Annex. Cross-referencing 7.10. Where products covered by this Annex are subject also to electrical safety or EMC requirements the relevant provisions of the Sectoral Annexes on electrical safety and EMC will also apply. Attachment 1 Legislative, regulatory and administrative provisions >TABLE POSITION> Attachment 2 Coverage >TABLE POSITION> Attachment 3 Designating authorities >TABLE POSITION> Attachment 4 Designated conformity assessment bodies (This should give name, address, telephone and fax number, contact point, products, standards and conformity assessment procedures for which designation has been made, by reference to the legislative requirements of the other Party.) Attachment 5 Approval authorities >TABLE POSITION> Appendix 1 RADIO TRANSMITTERS STANDARDS LIST UNDER RADIOCOMMUNICATION REGULATIONS >TABLE POSITION> >TABLE POSITION> Additional radio standards specifications may be found in the broadcasting regulatory section of the index. >TABLE POSITION> >TABLE POSITION> SECTORAL ANNEX ON ELECTROMAGNETIC COMPATIBILITY (EMC) 1. SCOPE AND COVERAGE 1.1. The provisions of this Annex shall apply to the following: - electromagnetic compatibility of equipment as defined in Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility and amendments thereto, - electromagnetic compatibility of equipment regulated under sections of the Canadian Radiocommunications Act. 2. THE REQUIREMENTS 2.1. The relevant technical requirements are specified under the legislation and regulations referenced in Attachment 1. 2.2. Any requirements and conformity assessment procedures applied by one Party to its domestic products shall be applied with no additional requirements or variations to products or conformity assessment results originating from the other Party. 3. CONFORMITY ASSESSMENT ACTIVITIES 3.1. Each Party agrees to recognise all of the other Party's reports, certificates, and technical construction files, as required, under their respective legislation without any further assessment of the products. 3.2. Both Parties agree to recognise each other's suppliers declarations of compliance, as required under their respective legislation. 4. INSTITUTIONS 4.1. Designating authorities (a) The designating authorities for the purpose of this Annex are listed in Attachment 2. (b) Each Party shall notify the other within ten (10) working days of changes in the identity of their designating authorities and their authority to carry out the obligations under this Annex. 4.2. Designated conformity assessment bodies (a) Conformity assessment bodies designated under this Annex shall be recognised as competent to perform the conformity assessment activities for EMC. Each Party shall ensure that the designated bodies comply with the criteria and standards set out in the regulatory requirements of the other Party. A list of designated bodies is included in Attachment 3. (b) Designation, suspension or withdrawal of conformity assessment bodies under this Annex shall be in conformance with procedures determined by the Joint Committee established under the Framework Mutual Recognition Agreement. 5. TRANSITIONAL ARRANGEMENT 5.1. The mutual recognition provisions of this Annex, notably section 3, will take effect 18 months following the entry into force of this Annex. 5.2. During the period between the signing of the Agreement and its coming into effect, the Parties will work together to: 1. enhance their respective familiarity with each other's regulatory requirements; 2. exchange information and review the work carried out by designated conformity assessment bodies; and 3. demonstrate to each other's satisfaction their capability to carry out conformity assessment to the requirements of the other Party. 6. ADDITIONAL PROVISIONS Subcontracting 6.1. Any subcontracting of conformity assessment shall be in accordance with the subcontracting requirements of the other Party. 6.2. The conformity assessment bodies shall record and retain details of its investigation into the competence and compliance of its subcontractors and maintain a register of all subcontracting. These details will be available promptly to the other Party on request. Post-market surveillance 6.3. For the purpose of post-market surveillance, the Parties may establish labelling, numbering or marking requirements. The assignment of numbers or affixing of labels or marks may take place in the territory of the exporting party. Exchange of information and mutual assistance 6.4. Each Party shall establish a contact point to provide answers to all reasonable inquiries from the other Party regarding procedures, regulations and complaints. 6.5. The Parties shall also inform each other of changes to relevant regulations, specifications, test methods, standards and administrative procedures within thirty (30) working days of their domestic notification. Regulatory changes and updating the Annex 6.6. In the event that there are changes to the technical regulations and conformity assessment procedures referenced in Attachment 1 or in the event of the introduction of new regulations in the jurisdiction of either Party, the Parties will update this Annex. Cross-referencing 6.7. Where products covered by this Annex are subject also to electrical safety or radio or telecommunication attachment requirements the relevant provisions of the Sectoral Annexes on electrical safety, telecommunication terminal equipment, information technology equipment and radio transmitters will also apply. Attachment 1 Legislative, regulatory and administrative provisions >TABLE POSITION> Attachment 2 Designating authorities The designating authority for Canada is Industry Canada. The designating authorities for the European Community are as follows: - Belgium Ministųre des Affaires Économiques Ministerie van Economische Zaken - Denmark - for telecommunication equipment: Telestyrelsen - for other equipment: Danmarks Elektriske Materielkontrol (DEMKO) - Germany Bundesministerium fŽr Wirtschaft - Greece ÕĘ˙įęóõč˙ ĢõĮńŠ˙ęžż śńł ÅĘłś˙łżųżłžż Ministry of Transport and Communications - Spain - for telecommunication equipment: Ministerio de Fomento - for other equipment: Ministerio de Industria y Energża - France Ministųre de l'łconomie, des finances et de l'industrie - Ireland Department of Transport, Energy and Communications - Italy Ministero dell'Industria, del Commercio e dell'Artigianato - Luxembourg Ministųre des Transports - Netherlands De Minister van Verkeer en Waterstaat - Austria - for telecommunication equipment: Bundesministerium fŽr Wissenschaft und Verkehr - for other equipment: Bundesministerium fŽr wirtschaftliche Angelegenheiten - Portugal Instituto das Comunica÷įes de Portugal - Finland - for telecommunication equipment: LiikenneministeriŠ/Trafikministeriet - for other equipment: Kauppa- ja teollisuusministeriŠ/Handels- och industriministeriet - Sweden Under the authority of the Government of Sweden: Styrelsen fŠr ackreditering och teknisk kontroll (SWEDAC) - United Kingdom Department of Trade and Industry Attachment 3 Designated conformity assessment bodies (This should give name, address, telephone and fax number, contact point, products, standards and conformity assessment procedures for which designation has been made, by reference to the legislative requirements of the other Party.) Appendix 1 Interference-causing equipment standards >TABLE POSITION> SECTORAL ANNEX ON ELECTRICAL SAFETY 1. PURPOSE 1.1. The purpose of this Annex is to establish a framework for the acceptance of electrical products through the recognition of conformity assessment carried out by bodies which comply with the requirements of the other Party, while maintaining the integrity of the safety system in each of the Parties. 1.2. This Annex also sets out procedures for the recognition of: (a) conformity assessment bodies (CABs) in Canada by the European Community (EC); and (b) CABs in the EC by Canada. 2. SCOPE AND COVERAGE 2.1. For access to the EC: the safety of electrical equipment falling within the scope of the Low Voltage Directive (Council Directive 73/23/EEC of 19 February 1973 as amended by Directive 93/68/EEC) (1). 2.2. For access to Canada: low voltage electrical equipment, including medical devices, covered by the Canadian Electrical Code, except for those products specifically excluded under the Low Voltage Directive (other than medical devices). 2.3. The legislative, regulatory and administrative requirements applicable in each Party and the regulatory authorities responsible for electrical safety are listed in Attachment 1. 3. RESPONSIBLE/DESIGNATING AUTHORITIES 3.1. Authorities set out in Attachment 2 are those organisations/public authorities responsible for assuring the competence and the control of CABs to certify electrical equipment in their territories to the requirements of the other Party. 4. TRANSITION PHASE 4.1. The transitional arrangements shall operate for a term of eighteen (18) months from the time this MRA enters into force. 4.2. The purpose of the transition phase is to provide the responsible/designating authorities with an opportunity to build confidence and understanding of each other's procedures for recognising CABs and in the ability of those bodies to carry out their mandates. Successful completion of the transition phase should result in the determination by the responsible authorities that nominated CABs comply with the applicable criteria and are competent to conduct conformity assessment activities acceptable to the other Party. 4.3. During the transition phase, the authorities may jointly sponsor two seminars, one in Canada and one in the EC, concerning the relevant technical and product approval requirements. 5. OPERATION OF THE TRANSITION PHASE 5.1. During the transition phase, Canadian CABs shall accept test reports and related documents issued by nominated CABs in the other territory. For Community CABs, they must satisfy the following requirements: (a) be a participant in the International Electrotechnical Commission (IEC) scheme of the IECEE for recognition of results of testing to standards for safety of electrical equipment (certification bodies (CB) scheme) under the IEC system for conformity testing to standards for safety of electrical equipment (IECEE) as defined in IECEE Document 02/1992-05; or (b) have a contractual arrangement for acceptance of test data with a certification organisation accredited by the Standards Council of Canada. 5.2. During the transition phase, Community CABs will: (a) test products to Canadian requirements; (b) issue a comprehensive testing and evaluation file (i.e. assessment data, reports) for submission by the manufacturer of the tested products to a certification organisation in Canada. 5.3. Canadian certification organisations shall ensure that: (a) they inform the applicant and the Community CAB in a precise and complete manner of any deficiency; (b) they limit any request for additional information or samples to omissions, inconsistencies or variances from the technical regulations or standards; and (c) certification is done on the basis of existing procedures, including the application of their mark. 6. MARKING OF CONFORMITY 6.1. During the transition phase, the Joint Committee shall develop mutually acceptable mechanisms and procedures for marking of products to be exported to Canada in order to indicate their conformity with Canadian requirements. Such markings shall be under the control of CABs recognised by the responsible/designating authorities, provide for traceability, give sufficient information to consumers, and not give rise to confusion with other markings of conformity. For access to the EC market, the CE marking shall apply. 7. OPERATIONAL PHASE 7.1. During the operational phase, the Parties will proceed to full mutual recognition of results of conformity assessment activities, as required under their respective legislation. CABs recognised by the responsible designating authorities shall operate as follows: (a) for access to the EC market: if a product is challenged under the Low Voltage Directive, a report drawn up by a Canadian CAB recognised under this agreement shall be considered by the EC as if it were a report drawn up by a European notified body; (b) for access to the Canadian market: CABs from the EC will be accredited in accordance with Standards Council of Canada (SCC) criteria for accreditation of certification bodies recognised in Canada and will be issued a certificate of accreditation. The following conditions are deemed to be equivalent to those prescribed criteria: (i) evidence of satisfactory performance in the transition phase; and (ii) accreditation by a European accreditation organisation according to applicable and relevant ISO/IEC guides adapted to Canadian and European conditions for accreditation of certification organisations; and (iii) evidence of procedures for follow-up of certification activities including the identification of a contact point responsible for initiating action with manufacturers of the products when necessary. 7.2. The Parties will encourage the establishment of mutual recognition agreements between the European accreditation organisations and the SCC. 7.3. Following the entry into force of the operational phase, the inclusion of additional CABs will be done in accordance with the rules set out in the Framework Agreement and in this Annex. 8. LIMITED SCOPE OR DENIAL OF RECOGNITION FOR THE PURPOSES OF CERTIFICATION 8.1. Upon request, a CAB may be required to provide additional documentary evidence to facilitate its passage from the transitional to the operational phase. 8.2. In the event that a proposal is made during, or at the end of the transition phase, requesting a responsible/designating authority to limit the scope of recognition of any designated CAB or to exclude it from the list of bodies accredited/designated, in accordance with the procedures outlined in the Framework Agreement, such a proposal shall be based on objective reasons and shall be properly documented in writing to the Joint Committee. 8.3. A CAB which has been granted limited recognition or has been denied recognition, may apply for re-evaluation after corrective action has been taken. 9. FOLLOW UP OF CERTIFICATION ACTIVITIES 9.1. The authorities in each Party (see Attachments 1 and 2) retain the right to question the performance of CABs operating in the context of this Annex. (Upon reasoned request, the authorities in one Party may request a copy of the certification report prepared to its requirements in the territory of the exporting Party. This report shall be provided promptly and without charge.) 9.2. CABs shall have in place a plan of action with their certification clients, for enabling the withdrawal of non-conforming or hazardous products from the market place. That plan shall identify a contact point responsible for initiating action with manufacturers of the products in question. 10. JOINT ELECTRICAL SAFETY GROUP 10.1. The Joint Committee established under the Mutual Recognition Agreement shall appoint a Joint Electrical Safety Group (JESG). 10.2. The Group (JESG) shall consist of an equal number of representatives from Canada and the EC. 10.3. The Group may review issues of concern to either Party and no one shall refuse a request by the other to address such issues. 10.4. The Group may issue recommendations to the Joint Committee regarding concerns raised by the representatives of either Canada or the EC. 10.5. The Group shall establish its own rules of procedures, and take its decisions and adopt its recommendations by consensus of the Parties. (1) The categories of equipment and phenomena outside the scope of the Directive are: electrical equipment for use in an explosive atmosphere; electrical equipment for radiology and medical purposes; electrical parts for goods and passenger lifts; electricity meters; plugs and socket outlets for domestic use; electric fence controllers; radio-electrical interference; specialised electrical equipment, for use on ships, aircraft or railways, which complies with the safety provisions drawn up by international bodies in which Member States participate. Attachment 1 Legislative, regulatory and administrative requirements and regulatory authorities (re Articles 2(3) and 9(1)) >TABLE POSITION> Attachment 2 Designating authorities The authorities responsible for the designation of conformity assessment bodies under this Agreement are: (a) for the European Community: - Belgium Ministųre des Affaires Économiques Ministerie van Economische Zaken - Denmark Boligministeriet - Germany Bundesministerium fŽr Arbeit und Sozialordnung - Greece ÕĘ˙įęóõč˙ ĮżĄĘĮįž÷Ė Ministry of Development - Spain Ministerio de Industria y Energża - France Ministųre de l'łconomie, des finances et de l'industrie - Ireland Department of Enterprise and Employment - Italy Ministero dell'Industria, del Commercio e dell'Artigianato - Luxembourg Ministųre des Transports - Netherlands Staat der Nederlanden - Austria Bundesministerium fŽr wirtschaftliche Angelegenheiten - Portugal Under the authority of the Government of Portugal: Instituto Portuguśs da Qualidade - Finland Kauppa- ja teollisuusministeriŠ/Handels- och industriministeriet - Sweden Under the authority of the Government of Sweden: Styrelsen fŠr ackreditering och teknisk kontroll (SWEDAC) - United Kingdom Department of Trade and Industry (b) for Canada: - The Standards Council of Canada, a Federal Crown corporation established by an Act of Parliament in 1970, amended in 1996. SECTORAL ANNEX ON RECREATIONAL CRAFT SECTION I Scope and coverage 1.1. This Annex applies to all recreational craft, including personal watercraft, which in the European Community or in Canada are subject to a conformity assessment or approval procedure by an independent conformity assessment or approval body. 1.2. The product coverage shall be as determined by the relevant legislation of each party, which is: (a) for the European Community: recreational craft as defined in Article 1 of Directive 94/25/EC; (b) for Canada: pleasure craft as defined by the Canada Shipping Act, Chapter 1487, Small Vessel Regulations as referenced in Transport Canada's Publication No TP1332. 1.3. Parties agree that mutual recognition will operate under this Annex according to the following arrangements: (a) for evaluation against European Community requirements, conformity assessment bodies designated by Canada will establish certificates of compliance according to the provisions of Directive 94/25/EC. These certificates will be recognised in the European Community without any further assessment of the products to which they relate; (b) for approval according to Canadian requirements, conformity assessment bodies designated by the European Community will certify the product according to the requirements set out in Chapter 1487 of the Canada Shipping Act Small Vessel Regulations, and issue the appropriate compliance plates and other required documentation. Products so certified may be placed on the Canadian market without undergoing any further approval procedures. SECTION II Legislative, regulatory and administrative requirements 2.1. 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. 2.2. For Canada: Regulatory requirements - The Canada Shipping Act, Chapter 1487, Small Vessel Regulations referenced in Transport Canada's Publication No TP1332 Construction standards for small vessels which includes personal watercraft as defined by and certified to ISO/DIS 13590. SECTION III Authorities responsible for designating the conformity assessment bodies as specified by conformity assessment modules 3.1. For the European Community: Member States administrations or entities as indicated in Attachment 1. 3.2. For Canada: Canadian coastguard. SECTION IV Procedures for designating conformity bodies 4.1. For the purpose of the Annex, each Party will designate competent conformity assessment bodies to carry out conformity assessment and approvals to the requirements of the other Party. Such designation will be carried out according to the procedures set out in the Mutual Recognition Framework Agreement. A list of designated conformity assessment bodies, together with the products and procedures for which they have been designated, is in Attachment 2. 4.2. Each Party will accept that the designated 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 Canadian requirements. A 'notified body` for the EC is 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 the requirements laid down in Directive 94/25/EC and has been notified to the Commission and to the other Member States; (b) for Canada, the procedures and criteria for designation of conformity assessment bodies shall comply with the relevant provisions of Directive 94/25/EC. SECTION V Transitional arrangement There will be a transitional arrangement of 18 months prior to the operation of this Annex. During this transitional period, the Parties will: (a) exchange information on, and develop greater familiarity with, their respective regulatory requirements; and (b) carry out the policy, legislative and regulatory changes necessary for the provisions of this Annex. SECTION VI Additional provisions 6.1. In accordance with the relevant provisions of the Mutual Recognition Framework Agreement, the Parties shall ensure the continued availability of the names of their respective notified bodies or conformity assessment bodies, and will regularly supply details of certifications issued in order to facilitate post-market surveillance. 6.2. The Parties note that, to the extent that requirements for electrical safety or electromagnetic compatibility apply to products covered by this Sectoral Annex, the provisions of the Sectoral Annexes on electrical equipment and electromagnetic compatibility shall apply. Attachment 1 Designating authorities >TABLE POSITION> Attachment 2 Designated conformity assessment bodies - European Community: notified bodies which have been notified by the Member States of the European Community, and whose names and reference numbers have been published in the Official Journal of the European Communities. - Canada: to be determined. SECTORAL ANNEX ON GOOD MANUFACTURING PRACTICES (GMP) 1. PURPOSE 1.1. This Mutual Recognition Agreement (MRA) Sectoral Annex on good manufacturing practices (GMP) compliance certification pertaining to medicinal products/drugs has been developed by the European C …