Common use of Transitional Arrangement Clause in Contracts

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. 9. Passage from the transitional phase into the operational phase in this Sectoral Annex shall take place provided that a representative number of conformity assessment bodies have been accepted for recognition under the Electrical Safety Annex. 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

Transitional Arrangement. 16.1. There shall will be a transitional period of 24 months18 months before the provisions of this Annex, notably section 4, become fully operational. 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. 36.2. This transitional period shall will 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; (db) to develop mutually agreed mechanisms for exchanging information on changes in technical requirements or methods of designating conformity assessment bodies; and; (ec) to monitor and evaluate the performance of the listed work carried out by designated conformity assessment bodies operating 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. 56.3. During the transitional period each Party shall accept and evaluate the Parties will also reciprocally recognise test reports and related documents issued by designated conformity assessment bodies of the other Partyparty in accordance with the provisions of this Annex. To this end, the Parties 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: (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 , — an 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, — 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. 66.4. Each Party ensures that issuance of approvals, certificates approving authority commits itself to issuing approvals or advice to advising the applicant shall be given no later than six (6) weeks from receipt of the test report and evaluation from a designated conformity assessment body in the territory of the other Party. 76.5. 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 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 will 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. 9. Passage from the transitional phase into the operational phase in this Sectoral Annex shall take place provided that a representative number of conformity assessment bodies have been accepted for recognition under the Electrical Safety Annex. 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

Transitional Arrangement. 1. 6.1 There shall will be a transitional period of 24 months18 months before the provisions of this Annex, notably Section 4, become fully operational. 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. 6.2 This transitional period shall will 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; (db) to develop mutually agreed mechanisms for exchanging information on changes in technical requirements or methods of designating conformity assessment bodies; andConformity Assessment Bodies; (ec) to monitor and evaluate the performance of the listed conformity assessment bodies work carried out by designated Conformity Assessment Bodies operating 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. 6.3 During the transitional period each Party shall accept and evaluate the Parties will also reciprocally recognize test reports and related documents issued by designated conformity assessment bodies Conformity Assessment Bodies of the other PartyParty in accordance with the provisions of this Annex. To this end, the Parties approval 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: (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; e) requirements and conformity assessment procedures applied to domestic products shall be applied with no additional requirements or variations to products or test results of the other Party. 6. 6.4 Each Party ensures that issuance of approvals, certificates approval authority commits itself to issuing approvals or advice to advising the applicant shall be given no later than six (6) weeks from receipt of the test report and evaluation from a designated conformity assessment body in the territory of the other Party. 76.5 At the end of the transitional period the Parties will proceed to full mutual recognition of certificates of compliance and approvals 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 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 will 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. 9. Passage from the transitional phase into the operational phase in this Sectoral Annex shall take place provided that a representative number of conformity assessment bodies have been accepted for recognition under the Electrical Safety Annex. 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

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 others 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 transition 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 test 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 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 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. 9. Passage from the transitional phase into the operational phase in this Sectoral Annex shall take place provided that a representative number of conformity assessment bodies have been accepted for recognition under the Electrical Safety Annex. 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 Europe´enne (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 Xxxxxxxxxxxxxx X00 This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition of Conformity Assessment between the United States and the European Community. 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 I LEGISLATIVE, REGULATORY AND ADMINISTRATIVE PROVISIONS

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 others 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 transition 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 test 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 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 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. 9. Passage from the transitional phase into the operational phase in this Sectoral Annex shall take place provided that a representative number of conformity assessment bodies have been accepted for recognition under the Electrical Safety Annex. 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 Europe´enne (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 This Annex constitutes a Sectoral Annex to the Agreement on Mutual Recognition of Conformity Assessment between the United States and the European Community. 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 I LEGISLATIVE, REGULATORY AND ADMINISTRATIVE PROVISIONS