THE JOINT
COMMITTEE,
Having regard to the Agreement
on mutual recognition between the European Community
and Canada, (hereinafter "the Agreement"), and in
particular Articles IV, IX, XI and the Sectoral
Annexes on telecommunications terminal equipment,
information technology equipment and radio
transmitters, on electromagnetic compatibility, on
electrical safety and on recreational craft thereof,
Whereas:
(1)
According to Article XI(3) of the Agreement the
Joint Committee established under the Agreement may
consider any matter related to the operation of the
Agreement, and in particular according to paragraph
(a) thereof the Joint Committee shall be responsible
for amending the Sectoral Annexes.
(2) The
Sectoral Annex on telecommunications terminal
equipment, information technology equipment and
radio transmitters needs to be amended to bring
within its scope new European Community legislation
in the form of Directive 1999/5/EC of the European
Parliament and of the Council(1) on radio and
telecommunications terminal equipment.
(3)
According to the agreements reached at the Third and
Fourth Joint Committee meetings held on 14 April
2000 and 24 January 2001 respectively, the
transitional periods of the Sectoral Annexes on
telecommunications terminal equipment, information
technology equipment and radio transmitters, on
electromagnetic compatibility, on electrical safety
and on recreational craft need to be extended to
allow transitional and confidence building measures
to be completed,
(1) OJ L 91, 7.4.1999, p.
10. 01 Article
The Sectoral Annex on
telecommunications terminal equipment, information
technology equipment and radio transmitters shall be
amended as specified in Annex I to this Decision, in
order to take account of new European Community
legislation.
02 Article
The Sectoral Annexes on
telecommunications terminal equipment, information
technology equipment and radio transmitters, on
electromagnetic compatibility, on electrical safety
and on recreational craft shall be amended as
specified in Annex II to this Decision, in order to
extend their transitional periods.
03 Article
This Decision is established in
duplicate and signed by the Co-Chairs of the Joint
Committee. This Decision is effective from the date
of the latter of the signatures.
Done at Ottawa, 27
March 2002.
Done at Brussels,
8 January 2002.
On
behalf of the Government of Canada
Jennifer
Daubeny
On behalf
of the European Community
Pascal
Lamy
Annex I
Amendments to the Sectoral Annex on
telecommunications terminal equipment, information
technology equipment and radio transmitters to take
account of new European Community legislation
1. In
Article 4(1), the second indent is modified to read
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 Directive 1999/5/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 to
read 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
Directive 1999/5/EC for assessing conformity with
electrical safety requirements, the relevant
provisions of the Sectoral Annex on electrical
safety shall apply."
3. In
Article 4(1), the following new subparagraphs are
added: "- prescription of radio tests to be
performed pursuant to Annexes III and IV to
Directive 1999/5/EC,
- issuing
of an opinion on a technical file pursuant to Annex
V to Directive 1999/5/EC."
4. In
Attachment 1, the "European Community" column, the
whole text is replaced with the following:
"Directive 1999/5/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
Council Directive 73/23/EEC as
amended by Council Directive 93/68/EC
Council Directive 89/336/EEC
as amended by Council Directives 92/31/EEC and
93/68/EC."
5. In
Attachment 2, the "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 1999/5/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,
- products, appliances and
components within the meaning of Article 2 of
Council Regulation (EEC) No 3922/91 of 16 December
1991 on the harmonisation of technical requirements
and administrative procedures in the field of civil
aviation,
-
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.
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 3000 GHz, propagated in
space without artificial guide.
Annex II
Amendments to the Sectoral Annexes on
telecommunications terminal equipment, information
technology equipment and radio transmitters,
electromagnetic compatibility, electrical safety and
recreational craft to extend the transitional
periods
Sectoral Annex on
Telecommunications Terminal Equipment, Information
Technology Equipment and Radio Transmitters
Article 6(1) of the Sectoral
Annex on telecommunications terminal equipment,
information technology equipment and radio
transmitters is deleted and replaced with the
following: "There will be a transitional period of
35 months before the provisions of this Annex,
notably Section 4, become fully operational on 1
October 2001."
Sectoral Annex
on Electromagnetic Compatibility
Article 5(1) of the Sectoral
Annex on electromagnetic compatibility is deleted
and replaced with the following: "The mutual
recognition provisions of this Annex, notably
Section 3, will take effect 35 months following the
entry into force of this Annex, that is on 1 October
2001."
Sectoral Annex on
Electrical Safety
Article 4(1)
of the Sectoral Annex on Electrical Safety is
deleted and replaced by the following: "The
transitional arrangements shall operate for a term
of 35 months from the time this MRA enters into
force, that is up to 30 September 2001."
Sectoral Annex on Recreational
Craft
Section V, first
sentence, of the Sectoral Annex on recreational
craft is deleted and replaced with the following:
"There will be a transitional period of 35 months up
to 30 September 2001 prior to the operation of this
Annex.