Key Benefits:
Original text
(State on 4 December 2001)
The Swiss Federal Council and the Government of Canada,
(hereinafter referred to as "the Parties");
Considering the traditional friendship between Switzerland and Canada;
Whereas, on the basis of their experience in the context of the 1997 Commercial and Economic Cooperation Agreement between Switzerland and Canada 2 They expressed a desire to include in a more formal framework their collaboration on mutual recognition in conformity assessment;
Considering the interest of the Parties in strengthening the rules governing free and unimpeded international trade;
Whereas mutual recognition of tests, certificates and conformity marks will improve the conditions of their trade;
Recognizing the importance of maintaining their respective high health and safety standards;
Aware of the close relationship between the two Parties and the European Community and the EFTA/EEA member states;
Aware of their quality as Parties to the Agreement Establishing the World Trade Organization 3 (WTO) and, in particular, their obligations under the Agreement on Technical Barriers to Trade 4 The WTO;
Agreed to the following provisions:
The general terms for conformity assessment used in this Agreement and in its Sectoral Annexes correspond to the definitions contained in Guide 2 (1996 edition) of the International Organization for Standardization and The International Electrotechnical Commission, unless this Agreement and its Sectoral Annexes have expressly provided a different definition. In addition, for the purposes of this Agreement:
In the event of any discrepancy between the definitions in ISO/IEC Guide 2 and those of this Agreement or its Annexes, the latter shall prevail.
The Sectoral Annexes shall form an integral part of this Agreement.
2. The Canadian Government accepts the results of conformity assessment procedures, including certification, provided for in the Canadian legislative and regulatory provisions referred to in the Sectoral Annexes, which are Carried out by conformity assessment bodies or authorities of Switzerland designated in accordance with this Agreement.
3. Switzerland accepts the results of conformity assessment procedures, including certification, provided for in the Swiss laws and regulations referred to in the Sectoral Annexes, which are carried out by Conformity assessment bodies or authorities of Canada designated pursuant to this Agreement.
4. Where the Sectoral Annexes provide for transitional rules, the above rules shall apply after the expiry of the transitional period.
5. This Agreement is in no way intended for the mutual acceptance of technical standards or regulations of the Parties and, unless otherwise provided for in a Sectoral Annex, does not imply the mutual recognition of equivalence of standards or Technical regulations.
This Agreement shall apply to procedures for assessing the conformity of products covered by the Sectoral Annexes.
2. Sectoral annexes include, where appropriate:
3. For a specific product or sector, the specific rules of the relevant Sectoral Annex shall prevail over the more general provisions of the Framework Agreement.
The Parties agree to implement their transitional commitments relating to confidence building in accordance with the provisions of the Sectoral Annexes.
2. The Parties agree that each transitional sectoral provision shall specify a term for its completion.
3. The Parties may amend any transitional period by mutual agreement within the Joint Committee established under this Agreement, taking into account the recommendations made by the relevant joint sectoral groups.
4. The end of the transitional phase leads to a situation of total mutual recognition, unless it is demonstrated, by providing documented evidence to support, a lack of technical competence in the assessment of conformity by A Party.
Nothing in this Agreement shall be intended to amend the legislation applicable in the territory of a Party to the civil liability of manufacturers, distributors, suppliers, conformity assessment bodies, Designation bodies, regulatory authorities or governments with respect to consumers or to one another in the design, manufacture, testing, inspection, distribution or sale of Products that have undergone conformity assessment in accordance with this Agreement.
2. The Parties agree that their respective conformity assessment bodies shall be required to make appropriate liability provisions for their activities in the context of this Agreement. The Parties, within the Joint Committee, shall periodically check whether their respective conformity assessment bodies continue to meet this requirement and whether the interests of the Parties are adequately defended.
3. The Parties shall, without delay, inform themselves of any complaints or other proceedings initiated in their territory or which may subsequently be initiated or in the context of such conformity assessment carried out by a conformity assessment body The other Party.
4. The Parties shall cooperate in the investigation and defence in the case of any complaints or proceedings threatening the interests of any one of them. In particular, they provide sufficient assistance to ensure access to the necessary documents and witnesses required for the investigation and defence provided in connection with such complaints or procedures.
(1) The Parties shall ensure that the designating authorities responsible for designating conformity assessment bodies, referred to in the Sectoral Annexes, are empowered to designate, control, suspend or revoke bodies Conformity assessment.
2. In the event of suspension or reinstatement of a designation, 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 the designated conformity assessment bodies continue to comply with the laws, regulations and administrative provisions of this Agreement.
1. The conformity assessment bodies designated in the territory of the exporting Party shall proceed according to the provisions of the importing Party and fulfil the conditions of eligibility deriving therefrom.
2. When designating these bodies, the designating authorities shall specify in each Annex the scope of the conformity assessment activities for which these bodies have been designated.
3. The designation constitutes a formal judgment of a Party that the conformity assessment body has demonstrated an acceptable level of technical competence in the delivery of the services specified therein and has also accepted Comply with the provisions of the other Party, as indicated in a Sectoral Annex.
4. In accordance with the terms of the Sectoral Annexes, each designating authority shall provide, on request, a certificate of technical competence of the conformity assessment bodies which it has appointed.
Each Party shall have the right to challenge the technical competence and conformity of conformity assessment bodies within the jurisdiction of the other Party. This right shall be exercised only in exceptional circumstances and shall be justified, in an objective and reasoned manner, by letter addressed to the Joint Committee. The latter considers this type of request.
2. Where the Joint Committee decides, on its own initiative or on the recommendation of the relevant sectoral group, that it is important to verify the technical competence or conformity of a conformity assessment body operating in the territory of One Party, such verification shall be carried out in a timely manner by the Party in whose territory the relevant body is situated or jointly by the Parties if they so decide. In carrying out this verification, the Party may request the assistance of its designating authority.
3. Unless the Joint Committee decides otherwise, the contested conformity assessment body shall be suspended by the competent appointing authority at the moment when a disagreement on the status of that body is found in the Joint Committee. The body concerned shall remain suspended until such time as the Joint Committee decides on the status to be reserved.
4. Any certificate of conformity or other document issued for a product given by a conformity assessment body prior to its suspension by the Joint Committee or the appointing authority shall remain valid, unless the regulatory authority For reasons of health and safety, the competent authority shall not order its withdrawal from the market.
The Parties shall exchange information concerning the implementation and application of the laws, regulations and administrative provisions referred to in the Sectoral Annexes.
2. The Parties shall inform themselves of the changes in the areas covered by this Agreement and, except where safety, health and environmental protection considerations justify more urgent action, shall notify their New provisions at least sixty days before their entry into force.
3. The Parties shall promptly inform themselves of any changes to their designating authorities and conformity assessment bodies.
4. Representatives, experts and other agents of the Parties shall be required, even after the termination of their duties, not to disclose the information obtained under this Agreement, which is covered by professional secrecy. These may not be used for purposes other than those provided for in this Agreement.
The Parties may conduct ad hoc consultations within the Joint Committee to ensure the satisfactory operation of this Agreement.
(2) One Party may request the other Party to carry out, on its behalf, audits and reassessments of conformity assessment bodies working in accordance with the provisions of the requesting Party. It bears the costs of audits.
3. In the interest of uniform application of conformity assessment procedures provided for by the laws and regulations of the Parties, the designated bodies shall participate, where appropriate, in the interpretation meetings organised by the authorities Of each Party in the areas covered by the Sectoral Annexes to this Agreement.
1. Within the framework of this Agreement, a joint committee consisting of both Parties shall be established and responsible for ensuring its proper functioning.
The Joint Committee shall adopt its decisions and recommendations by mutual agreement between the Parties. It shall meet at least once a year, unless otherwise decided. It shall establish its own rules of procedure. It may set up a joint sectoral group within the framework of a sectoral annex and delegate specific tasks to it. Each Party may invite its representatives of the joint sectoral groups to attend the meetings of the Joint Committee when its sectoral interests are the subject of an agenda item.
The Joint Committee may consider any matters relating to the operation of this Agreement. In particular it is responsible for:
4. For the addition of a conformity assessment body in a sectoral annex or for its withdrawal, the following procedure shall apply:
The Joint Committee may, for the various sectoral annexes, establish joint sectoral groups comprising the relevant regulatory and designating authorities and the experts of the Parties. These groups examine compliance assessment and regulatory issues specific to a given sector.
2. The responsibilities of the joint sectoral groups may include:
Each Party shall appoint the correspondents responsible for the activities provided for in each Sectoral Annex and shall confirm their names and addresses in writing.
2. Communications concerning confidence-building activities, emergency measures and the regulations applicable to the products covered by this Agreement shall normally be transmitted directly by the sectoral correspondents.
The competent regulatory authorities of each Party shall remain fully entitled, in accordance with their legislation, to interpret and, as specified in par. 2 below, to enforce their respective legislative and regulatory provisions. The regulatory authorities of the importing Party are not the legal representative of the exporting Party.
2. When a Party or one of its regulatory authorities has reason to believe that a product originating in the other Party, covered by a sectoral annex, is likely to endanger the health or safety of persons in its territory or Fails to comply with the provisions of the applicable sectoral annex, the importing Party shall remain fully entitled, in accordance with its legislation in force, to take immediately all appropriate measures to withdraw those products from the market, Prohibit their marketing, restrict their freedom of movement or order their Recall. The regulatory authority in whose territory the measures were taken shall inform its counterparts and the Joint Committee immediately after their adoption, giving reasons for its decision.
The Parties agree that inspections and border controls of products certified in accordance with the provisions of the importing Party shall be carried out as expeditiously as possible. With regard to inspections relating to the internal movement of products in their respective territories, the Parties agree that they are not carried out in a less favourable manner than when they are domestic products Similar.
The obligation of each Party to grant mutual recognition in accordance with the provisions of a Sectoral Annex to this Agreement shall be subject to the maintenance by the other Party:
2. Where a Party introduces new or additional conformity assessment procedures in a sector covered by a Sectoral Annex, the Joint Committee shall incorporate them into the scope of this Agreement and the Annex Unless otherwise decided by the Parties.
3. If, after the introduction of these new or additional procedures, conformity assessment bodies designated by the other Party in order to comply with those procedures are not recognised by the Party which introduced them, the other Party shall May suspend its obligations under the Sectoral Annex concerned.
Each Party shall ensure that, for conformity assessment procedures under this Agreement and its Sectoral Annexes, no fees are claimed in its territory for the conformity assessment services provided By the other Party.
(1) Unless otherwise agreed in writing by the Parties, the obligations under the Mutual Recognition Agreements concluded by one or the other with a third party jurisdiction shall not be applicable to the other Party.
2. Unless otherwise specified in a sectoral annex, assessments of the conformity of this Agreement may be carried out in third-party jurisdictions provided that:
This Agreement and its Annexes shall apply to the territories of Switzerland and the Principality of Liechtenstein on the one hand and the territory of Canada on the other.
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 confirmed by exchange of letters the completion of their respective procedures for the entry into force of this Agreement. Agreement.
2. This Agreement may be amended by written agreement between the Parties. The amendment or denunciation of the Sectoral Annexes shall be decided by the Parties within the Joint Committee.
3. The Parties may add sectoral annexes by exchange of diplomatic notes. These Annexes shall form an integral part of this Agreement within 30 days from the date on which the Parties exchanged letters confirming their addition.
4. Each Party may suspend fully or partially its obligations under a Sectoral Annex, on the basis of a notification of ninety days and addressed to the Joint Committee.
5. Each Party may denounce this Agreement by giving six months' notice in writing to the other Party.
This Agreement and the Sectoral Annexes shall be in duplicate in the English and French languages, each of which shall be equally authentic.
Done at Ottawa, on December 3, one thousand nine hundred and ninety-eight.
1. |
Objective |
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1.1 |
Switzerland and Canada have developed this Sectoral Annex to the Mutual Recognition Agreement on the Certification of Drug Compliance with Good Manufacturing Practices (GMP) for the purpose of: |
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Strengthen bilateral regulatory cooperation; |
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Establish mutual recognition for the certification of GMP compliance, in accordance with the confidence building exercise; |
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Establish an infrastructure for ongoing communications/consultations between Switzerland and Canada to enable regulatory authorities to establish and maintain the equivalency of GMP compliance programs. |
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2. |
General considerations |
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2.1 |
This sectoral annex on the certification of GMP compliance is based on the fact that it can be demonstrated that the GMP compliance programmes of Switzerland and Canada are equivalent and therefore the emission by the Of a Party, a GMP compliance certificate or a licence certifying that the facilities are GMP compliant, is sufficient for the other Party to accept the compliance of these facilities with the relevant GMPs. It is understood that equivalent programmes are not identical, but lead to the same results. |
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2.2 |
The authorities' acceptance of a GMP compliance certificate issued by the authorities of the other Party depends on the success of the confidence building exercise and the assessment of its results. |
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2.3 |
The GMP Compliance Annex is based on three pillars: |
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A GMP compliance assessment program (Appendix 2); |
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A reciprocal alert system (Appendix 3); |
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A transition period consisting of a confidence building exercise (Appendix 4). |
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3. |
Scope of application |
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3.1 |
The provisions of this Annex cover all medicinal products which have undergone one or more manufacturing processes (for example: production, repackaging/repackaging, labelling, controls, sales-related activities). Large) in Switzerland and Canada and to which the GMP requirements apply in both jurisdictions. Recognition shall be limited to the manufacturing process carried out and subject to inspections in the respective territories of the Parties. Recognition shall also apply to certificates of GMP compliance issued by regulatory authorities not falling under the jurisdiction of the Parties, provided that: |
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The regulatory authority has a GMP compliance program deemed equivalent by both Parties; |
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The manufacturing process, for which the GMP certificate is issued, is (are) indicated in the GMP compliance certificate; |
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The regulatory authority undertakes to comply with the provisions laid down in the reciprocal alert programme of this Annex. |
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3.2 |
With the consent of the authorities concerned, this Annex may also apply, on a voluntary basis, to products covered by the legislation of one Party, but not by the other. |
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3.3 |
The list of products covered shall be determined by the legislation applicable in each Party. Annex 1 sets out the relevant legislative provisions and contains an indicative list of products concerned. |
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3.4 |
For the purposes of this Annex, GMPs shall include the system according to which the manufacturer receives the specifications of the product and/or manufacturing process of the holder or applicant of the marketing authorisation (MA) and ensures that the Product is manufactured in accordance with these specifications. |
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Good Manufacturing Practices (GMPs) are the element of quality assurance that ensures that products are manufactured and controlled in a consistent manner, according to quality standards: |
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Adapted to their job, and |
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Required by the marketing authorization or product specifications. |
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3.5 |
At the request of either Party, the authorities of the other Party shall conduct product-or process-oriented inspections. With regard to pre-authorization inspections, the Parties agree to exchange reports that comply with the laws and regulations of the importing Party, for the purposes of their respective product licensing procedures. |
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3.6 |
This Agreement does not provide for the release of official consignment of organic products. |
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3.7 |
By mutual agreement, both Parties may decide to extend the application of this Annex to drugs or processes that have been excluded from the scope of application. The amendments to the scope will be listed in Annex 1. |
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4. |
Confidentiality |
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4.1 |
Each Party shall protect against any disclosure of confidential technical, commercial and scientific information, including trade secrets and proprietary information, obtained under this Agreement. |
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4.2 |
Subject to the provisions of subs. 4.1, each Party reserves the right to publish the results of any conformity assessment, including the conclusions of the inspection reports, communicated by the other Party, in cases where public health may be affected. |
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5. |
Management Mechanisms |
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5.1 |
A joint sectoral group shall be established for the management of this Sectoral Annex. It establishes its composition and its own rules and procedures. Its role is described in Appendix 1. The group consists of the competent authorities of Switzerland (Inter-cantonal Office on Drug Control and the Federal Office of Public Health) and representatives of the Therapeutic Products Programme of Health Canada. It is co-chaired by a member of both Parties. |
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6. |
Resolving differences of views |
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6.1 |
The differences of opinion which the authorities are unable to overcome are brought before the Joint Sectoral Group. If the latter cannot solve the problem, the Parties may refer the matter to the Joint Committee. |
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7. |
Transition period |
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7.1 |
Timing |
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The confidence building period begins upon the signing of the Mutual Recognition Agreement and is expected to be completed within 18 months. |
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7.2 |
Confidence Building Program |
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At the beginning of the transition period, the joint sectoral group is developing a joint confidence building programme. The implementation of this program will determine the ability of the authorities in each Party to conduct GMP compliance certification. In Switzerland, it corresponds to a certificate of GMP compliance or to a manufacturing authorisation, whereas in Canada the certification corresponds to an establishment licence (see the guidelines set out in Appendix 4). |
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7.3 |
Budget |
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Each Party to the Mutual Recognition Agreement shall be responsible for the costs of its participation in confidence-building activities. |
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7.4 |
Administrative Provisions |
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Drugs manufactured in facilities that have a good track record of compliance in the importing Party and listed on a list of qualified facilities will be exempt from retesting. The list is developed by the Joint Sectoral Group. |
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7.5 |
End of transition period |
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7.5.1 |
At the end of the transitional period, the joint sectoral group shall make a joint assessment of the equivalence and capacity of the conformity assessment programmes of the participating authorities (Annex 2). |
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7.5.2 |
Authorities may be listed in Appendix 2 for specific categories of manufacturing processes (e.g., biologics, radiopharmaceuticals). The excluded authorities (or not included for a given manufacturing process) may request a review of their situation upon adoption of the necessary corrective measures. |
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7.5.3 |
Programs determined that they are not equivalent to the GMP compliance program of the other Party are not listed in Schedule 2 at the end of the transition period. Proposals to limit the recognition of an authority's equivalence or to exclude it from Annex 2 must be based on objective and well-founded criteria. |
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7.5.4 |
On the basis of the results of the confidence building period, the Parties may decide by mutual agreement to extend the application of this Annex to medicinal products or processes which have been excluded from the scope of application. The amendments to the scope will be listed in Annex 1. |
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8. |
Operational Phase |
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8.1 |
General provisions |
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8.1.1 |
Switzerland and Canada agree that, for medicinal products covered by this Annex, each Party shall recognise the findings of the GMP compliance programme implemented by the other Party on its territory and the certificates of GMP compliance established by the authorities of the other Party listed in Annex 2. In addition, the certification by the manufacturer of the conformity of each lot shall be recognised by the other Party without any import controls. |
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8.1.2 |
The Parties may, by mutual agreement, extend the application of this Annex to medicinal products which have been excluded from the scope, as well as from the Parties of GMP compliance programmes or processes that have been deemed not to be Equivalents at the end of the confidence building period. The amendments to the scope will be listed in Annex 1. |
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8.1.3 |
As regards medicinal products covered by the pharmaceutical legislation of the importing Party, but not by that of the exporting Party, the locally competent inspection service which wishes to carry out an inspection of the operations of the To verify compliance with its own GMP or, in the absence of specific GMP requirements, GMP in force in the importing Party. The same shall apply when the applicable locally applicable GMPs are not considered equivalent, in terms of quality assurance of the finished products, to the GMP of the importing Party. |
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This provision may also apply, among other things, to manufacturers of active pharmaceutical substances, intermediate products and products intended for clinical trials. |
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8.1.4 |
The authorities covered by this Annex shall ensure that any withdrawal (total or partial) or suspension of a manufacturing authorisation, or of a certificate of GMP compliance which could affect the protection of public health, or Communicated immediately to the other Party as required by the reciprocal alert programme. |
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The Parties shall agree on correspondents in order to enable the authorities and manufacturers to inform the authorities of the other Party with all due care in the event of quality failure, batch recall, infringement or any Other quality issues that may require additional controls or suspension of product distribution. |
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8.1.5 |
Certification of manufacturers |
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At the request of an exporter, importer or authority of the other Party, the authorities responsible for issuing certificates of GMP compliance and control of the manufacture of medicinal products shall certify that the places of manufacture And/or control: |
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Are duly authorised to manufacture and/or control the medicinal product in question or to carry out the specified operations; |
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Are regularly inspected by the authorities, and |
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Meet the GMP requirements that are equivalent to the two Parties. |
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Certificates of GMP compliance must also identify the site (s) of manufacture. For example, a specimen is given in Appendix 5. |
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These GMP compliance certificates shall be issued promptly within a period which should not exceed thirty calendar days. When a new inspection is to be carried out, this period may be extended to sixty days. |
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8.1.6 |
Batch Certification |
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Each lot exported must be accompanied by a batch certificate issued by the manufacturer (self-certification) after a complete qualitative and quantitative analysis of all active ingredients in order to ensure that the quality of the products complies with the Market authorization requirements/product authorization. |
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When issuing a certificate, the manufacturer must take into account the provisions of the current WHO certification system regarding the quality of drugs entering international trade. This certificate must attest that the lot meets the specifications and has been manufactured in accordance with the market authorization/authorization of the product. It shall detail the specifications of the product, the analytical methods concerned and the analytical results obtained and shall contain a declaration that the documents relating to the processing and packaging of the lot have been examined and considered Compliant with GMPs. |
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The batch certificate must be signed by the person entitled to release the lot for sale or delivery, that is, in Switzerland, the technical person responsible for the art. 10 of the CIM Directive (18 May 1995, n O 241.11) and in art. 4 and 5 of the Immunobiological Products Order and, in Canada, the person responsible for quality control of the production referred to in the Food and Drugs Regulations, Division 2, Section C. 02.014 (1). |
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8.1.7 |
Fees |
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The inspection/certification fee system is determined by the manufacturing site. Cost recovery programs and fees for the issuance of GMP compliance certificates in each jurisdiction fall within their jurisdiction. |
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The Parties shall endeavour to ensure that any fee charged for services is cost-oriented and takes into account relevant cost elements. No charges shall be levied if the Party concerned does not provide any services. |
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8.1.8 |
Each Party reserves the right to conduct its own inspection for the reasons given to the other Party. These inspections shall be notified in advance to the other Party and shall be carried out by inspectors of both Parties. Inspection reports will be shared with the other Party and the issues or corrective measures will be discussed and resolved jointly. The use of this safeguard clause remains exceptional. |
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8.1.9 |
The Party which has issued a certificate shall be responsible for its suspension or withdrawal. |
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8.2 |
Exchange of information |
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8.2.1 |
In accordance with the general provisions of the Agreement, the Parties shall exchange all information necessary for the establishment and maintenance of the equivalency of the GMP compliance programmes. In addition, the competent authorities of Switzerland and Canada are informed of the new technical guidelines, inspection procedures and all changes to the legislation (i.e.: guidance documents, Publications of references to standards, forms, documents relating to the application of legal provisions). The Parties shall consult each other before adopting these amendments in order to ensure that the equivalency of the GMP compliance programs is maintained. Problems are brought before the Joint Sectoral Group. |
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8.2.2 |
In the case of subcontract analysis, the competent authorities shall, upon reasoned request, transmit a copy of the last inspection report of the place of manufacture or control. The request may concern either a "full inspection report" or a "detailed report". A "full inspection report" includes a "condition of the premises" file (prepared by the manufacturer or inspection department) and a narrative report prepared by the manufacturer. A "detailed report" answers specific questions about a company posed by the other Party. The Parties shall ensure that these inspection reports are transmitted within thirty calendar days, which shall be extended to sixty days when a new inspection is to be carried out. |
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8.3 |
Reciprocal Alert System |
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8.3.1 |
The Joint Sectoral Group shall ensure that an effective mutual warning system is operational at all times. The components of this system are described in Appendix 3. |
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8.3.2 |
The authorities covered by this Annex shall ensure that any withdrawal (total or partial) or suspension of a certificate of conformity is communicated immediately to the other competent authorities. |
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8.3.3 |
The Parties shall notify each other of the proven problems, corrective actions or recalls relating to products falling within the scope of this Annex. Each Party shall respond to special requests for information and shall ensure that the authorities provide the information requested. |
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Correspondents are listed in Appendix 3. |
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9. |
Follow-up to the Agreement |
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9.1 |
The monitoring of GMP compliance programs deemed to be equivalent to the term of the trust period and any subsequent decisions regarding this equivalency shall be in accordance with a jointly developed and managed equivalency program. This program is managed by the Joint Sectoral Group. |
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9.2 |
The Parties undertake to consult regularly (at least once a year), under the auspices of the Joint Sectoral Group established under this Annex, in order to ensure the relevance and accuracy of this Annex. The Swiss and Canadian authorities may hold meetings to discuss specific issues and problems. |
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9.3 |
The authorities shall participate in the equivalency activities provided for by the Joint Sectoral Group in order to continue to be included in Annex 2. |
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10. |
Appendices and Appendices |
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10.1 |
Annexes 1 and 2 form an integral part of this Sectoral Annex. |
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10.2 |
Appendices 1, 2, 3, 4, and 5 are general orientations. |
1. |
List of applicable legislation |
1.1 |
For Switzerland: |
The Epidemics Act of 18 December 1970 (RS 818.101 ) |
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Order of 23 August 1989 concerning immunobiological products (RS 812.111 ) |
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Federal Decree of 22 March 1996 on the control of blood, blood products and transplants 1 (RS 818.111 ) |
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Order of 26 June 1996 on the control of blood, blood products and transplants (RS 818.111.3 ) |
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Intercantonal Convention of 3 June 1971 on the control of medicinal products (RS 812.101 ) |
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Rules of Procedure of the Intercantonal Convention on the Control of Medicinal Products of 25 May 1972, as last amended on 23 November 1995 |
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Guidelines of the Intercantonal Office on the Control of Medicinal Products (OICM) of 18 May 1995 concerning the manufacture of medicinal products |
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OCIM Directive of 20 May 1976 on the wholesale trade in medicinal products |
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OCIM Directive of 24 November 1994 concerning the release of consignments by the authority |
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OCIM Guidelines for the manufacture and distribution of medicated feeds, May 19, 1988 |
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1.2 |
For Canada: |
Food and Drugs Act and Regulations, Health of Animals Act and Animal Health Regulations for the issuance of permits for products of animal origin. |
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2. |
Product Indicative List |
The Parties, recognizing that the precise definition of medicinal products is included in the aforementioned legislation, establish an indicative list of the products covered by the Agreement: |
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1 Currently "AF on control of transplants".
1. |
Authorities |
1.1 |
For Switzerland: |
Federal Office of Public Health, Organic Products Division, Bern (for immunobiological products for human use) |
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Intercantonal Office for the Control of Medicinal Products, Bern (for all other products for human use and for all veterinary products) |
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1.2 |
For Canada: |
Therapeutic Products Programme, Health Canada, Ottawa |
A joint sectoral group is set up to manage the confidence building process and then to monitor the operation of the Mutual Recognition Agreement.
The Joint Sectoral Group shall be co-chaired by a member of each Party and shall determine its composition by ensuring that it is as homogeneous as possible. This group is responsible for communicating with the Joint Committee, managing the transition period and monitoring the implementation of this Annex, which includes, but is not limited to:
The joint sectoral group shall meet as many times as necessary to adopt the programme of the confidence building exercise, to resolve problems and monitor the progress of the confidence building exercise. The Joint Committee shall be kept informed of the agendas and conclusions of the meetings and of the progress made during the transitional period.
1. Scope and legislative and regulatory provisions
2. Guidelines and Policies
3. Good Manufacturing Practices (BPF)
4. Inspection Resources
5. Inspection Procedures (before, during and after inspection)
6. Inspection performance standards
7. Competences and procedures for effective implementation
8. Alert and Crisis Systems
9. Analysis Capacity
10. Monitoring Program/Measures (applied by companies and regulatory authorities)
11. Quality Management Systems
1. Documentation
2. Crisis Management System
3. Enforcement procedures
4. Quality Assurance System
Correspondents
For the purposes of this Agreement, contact persons for technical matters, such as the exchange of inspection reports, training courses of inspectors or technical requirements, shall be:
For Switzerland:
Federal Office of Public Health, Biological Products Division, CH-3003 Berne, Switzerland; Telephone: 0041 31 322.69.96; Fax: 0041 31 322.47.49 (for immunobiological products for human use)
Intercantonal Office for the Control of Medicinal Products (OICM), Production Control Division, Erlachstr. 8, CH-3000 Bern 9, Switzerland; Telephone: 0041 31 322.03.30; Fax: 0041 31 322.04.19 (for all other products for human use, as well as for All veterinary products).
For Canada:
The Director General, Therapeutic Products Programme, Health Canada, 2 E Floor, Health Protection Building, AL: 0702A, Tunney's Pasture, Ottawa, Ontario, K1A OL2, Canada. Telephone: 1-613-957-0369, fax: 1-613-952-7756, and
The technical issues contact point is: the Compliance, Compliance, Planning and Coordination Division; Telephone: 1-613-954-0513, fax: 1-613-952-9805.
The joint sectoral group decides on the equivalence of the GMP compliance programmes in three phases:
1. Document review and evaluation (exchange of documents)
2. Process and Process Evaluation
3. Conclusion and evaluation of the actions of the confidence building exercise
Between Switzerland and Canada
In accordance with the request ..................................................................................... ( * )
From .../.../... (date) (reference .....................................................................................),
The competent authority ........................................................... ( ** ) Confirms the following:
The Company .....................................................................................................................
Whose official address is: .........................................................................................
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Has been authorized, under national law, to cover manufacturing sites (and contract testing laboratories, where applicable):
To perform the following operations:
For the following medicinal product: ........................................................................................
For human/veterinary use ( *** ).
On the basis of inspections by the manufacturer, the last of which took place on .../.../... (date), it is confirmed that the company complies with the requirements of the good manufacturing practices referred to in the Agreement on Mutual Recognition in Respect of Conformity assessment between Switzerland and Canada.
.../.../... (date) |
For the competent authority, |
(name and signature of responsible official) |
( * ) |
Insert name of exporting or importing company or applicant authority |
( ** ) |
Insert competent authority and country name |
( *** ) |
Delete unnecessary mention |
1. |
Purpose |
1.1 |
Switzerland and Canada have developed this Sectoral Annex to the Mutual Recognition Agreement on the Assessment and Certification of the Conformity of Medical Devices with a view to strengthening bilateral cooperation in the Of the relevant regulations, while facilitating trade and maintaining the same stringent health and safety requirements in both jurisdictions. |
1.2 |
In addition, this annex calls for the development of an infrastructure for ongoing communication/consultation between the regulatory and/or designating authorities and the conformity assessment bodies of each Party in order to Enable the regulatory authorities to establish and maintain the equivalence of their competence in the assessment of the conformity of medical devices and to adopt a joint approach in the field of vigilance after the Market. |
2. |
Scope of application |
2.1 |
This Annex applies to all medical devices which, in Switzerland or in Canada, are subject to conformity assessment procedures, including technical and scientific assessments for high-risk medical devices and Quality system assessments conducted by a conformity assessment body. |
2.2 |
The products concerned shall be determined by the law applicable in each Party, namely |
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Excluded from this Annex are: |
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The two Parties may, however, decide by mutual agreement to extend the application of this Annex to medical devices which were originally excluded from the scope during the transition period or the operational phase. The amendments to the scope will be listed in Annex 3. |
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3. |
Confidentiality |
3.1 |
Each Party shall protect against any disclosure of confidential technical, commercial and scientific information, including trade secrets and proprietary information obtained under this Agreement. |
3.2 |
Subject to the provisions of subs. 3.1, each Party reserves the right to publish the results of any conformity assessment reports in cases where public health may be affected. |
4. |
Resolving differences of views |
4.1 |
The differences of opinion that the regulatory authorities are unable to overcome are brought before the joint sectoral group to resolve them. If the latter cannot solve the problem, one of the Parties may refer the matter to the Joint Committee. |
5. |
Management Mechanism |
5.1 |
A joint sectoral group shall be established for the management of this Sectoral Annex. Its tasks are to take decisions on the definition, establishment and evaluation of conformity assessment programmes and procedures, the implementation of the reciprocal alert programme, the management of the implementation period In confidence and in the definition of a program to maintain the mutual recognition agreement. The group consists of representatives from Health Canada and the Federal Office of Public Health and is co-chaired by a member of each Party. |
6. |
Transition period |
6.1 |
Timing |
The confidence building period begins with the signing of the Mutual Recognition Agreement and is expected to be completed within 18 months. |
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6.2 |
Confidence Building Program |
At the beginning of the transitional period, the joint sectoral group shall draw up a joint confidence building programme (see the guidelines set out in Appendix 1). The implementation of this programme shall establish the capacity of each Party to conduct conformity assessments in accordance with the requirements and procedures of the other Party. The evidence has a practical impact on operational phase decisions. |
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The confidence building program should include the following actions and activities: |
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Participation in the activities referred to in points (c) and (d) should be understood as a means of providing, for example, additional evidence on the process of designating and monitoring conformity assessment bodies. |
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6.3 |
Budget |
Each Party to the Mutual Recognition Agreement shall be responsible for the costs of its participation in confidence-building activities. |
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6.4 |
End of transition period |
The Joint Sectoral Group shall make a joint assessment of the experience gained 18 months after the entry into force of this Agreement. This assessment focuses on the quality of the confidence building program, as well as the jurisdictions of the regulatory/designating authorities and designated conformity assessment bodies. |
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On the basis of the results of the confidence-building programme/transition period, the Parties may decide by mutual agreement to extend the application of this Annex to medical devices which were originally excluded from the scope. The amendments to the scope will be listed in Annex 3. |
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The participating regulatory/designating authorities listed in Annex 1 are based on the results of the confidence building programme to recommend to the Joint Sectoral Committee the inclusion of conformity assessment bodies in the List of Annex 2 Conformity assessment bodies which have been accepted by the Joint Sectoral Group are listed in Annex 2, which also specifies their specific competence for conformity assessment and technologies Medical conditions for which they are recognized. Proposals to limit the recognition of the capacity of conformity assessment bodies should be based on objective and well-founded criteria. The Joint Sectoral Group may recommend that a conformity assessment body not be included in Annex 2, provided that it produces documentary evidence of its incapacity. Excluded conformity assessment bodies may request a review of their situation as soon as the necessary corrective measures have been taken and confirmed. |
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Where the Joint Sectoral Group is unable to agree on any of the above, the matter shall be referred to the Joint Committee in accordance with the Agreement. |
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The Parties shall enter the operational phase as long as Annex 2 includes conformity assessment bodies of each Party. |
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The Agreement shall also be reviewed at the end of the transitional period in order to take into account the evolution of the regulations of each Party. A single procedure for application, conformity assessment and evaluation of quality systems meeting the requirements of each jurisdiction will be considered. |
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7. |
Operational Phase |
7.1 |
General obligations |
The provisions of this Section shall apply to conformity assessments carried out on the respective territories of the Parties by conformity assessment bodies recognised in accordance with this Sectoral Annex. |
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Conformity assessments carried out in the respective territories of the Parties by conformity assessment bodies recognised in the framework of Mutual Recognition Agreements concluded by either Party with a third country Will be recognized as long as: |
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In accordance with the above conditions, scientific technical assessments of high-risk medical devices may be carried out outside the territory of the Parties. |
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Switzerland and Canada agree that, for the medical devices covered by this Annex, each Party shall recognise the findings of the conformity assessments carried out by the other Party and the certificates of conformity issued by The conformity assessment body of the other Party, refraining from carrying out any further assessment. |
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For evaluations conducted in accordance with Swiss requirements, Health Canada, conformity assessment bodies designated by Canada or another conformity assessment body recognized as competent by Switzerland shall establish the Conclusions of conformity assessments in accordance with the provisions of the Swiss Ordinance concerning medical devices and issues the appropriate certificate of conformity. The Federal Office of Public Health accepts, without any further assessment, certification as evidence of compliance with the pre-market requirements laid down in the Swiss Ordinance on Medical Devices. |
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For evaluations conducted in accordance with Canadian requirements, conformity assessment bodies designated by Switzerland or other conformity assessment bodies recognized as competent by Canada shall establish the Conclusions of the evaluation and submit to Health Canada an abbreviated report and a certificate of compliance incorporating these findings. Based on these documents, and without any further assessment, Health Canada accepts the certification as evidence of compliance with the pre-market requirements set out in the Canadian Medical Devices Regulations. |
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Upon reasoned request, the Parties shall notify each other of the information checked in the evaluation of a medical device for the purpose of establishing certificates of conformity. |
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Each Party reserves the right, at any time, to challenge the information relating to the designation process or the conduct of conformity assessments in accordance with its regulatory provisions. In addition, each Party reserves the right to conduct its own conformity assessments for the reasons given to the other Party. The verifications shall be notified in advance to the other Party and shall be carried out jointly by the regulatory/designating authorities of both Parties. Such audits will be based on written rationales. The evaluation reports will be shared with the other Party and the issues or corrective measures will be discussed and resolved jointly. The use of such audits remains exceptional. |
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The Parties may, by mutual agreement, extend the application of this Annex to medical devices which were originally excluded from the scope of application during the operational phase. The amendments to this scope will be listed in Annex 3. |
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7.2 |
Procedures for designating conformity assessment bodies |
The procedures applied by the competent authorities of each Party to designate conformity assessment bodies shall comply with the criteria laid down in the regulations or guidelines of the other Party (see Non-binding guidelines set out in Appendix 3). |
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7.3 |
Exchange of information |
In accordance with the general provisions of the Annex, the Parties shall exchange all information necessary for the establishment and maintenance of the equivalence of conformity assessment procedures. In addition, Parties shall communicate the information generated by their respective regulatory systems of interest to conformity assessment procedures (i.e. guidance documents, reference publications). Standards, forms, documents relating to the application of the legal provisions). Each Party shall involve the regulatory/designating authorities and the conformity assessment bodies of the other Party in the exchange of information and sharing of experience. |
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In special cases, in particular in emergency situations, the bodies involved in the implementation of this Annex shall endeavour to provide, as soon as possible, the documents requested by one of the Parties. |
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7.4 |
Reciprocal Alert System |
The Joint Sectoral Group shall ensure that an effective mutual warning system is operational at all times. The components of this system are described in Appendix 2. |
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The Parties shall notify each other of any confirmed problems, corrective actions or recalls concerning products which they have evaluated in accordance with the provisions of this Agreement. Each Party shall respond to special requests for information on a given medical device and shall ensure that its designated authorities and conformity assessment bodies provide the requested information. |
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The Swiss and Canadian regulatory authorities shall ensure that any suspension or cancellation (total or partial) of a certificate of conformity is notified immediately to the other regulatory authorities. |
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7.5 |
Fees |
The system of conformity assessment and certification fees is determined by the place of manufacture. Cost recovery programs and fees for the establishment of certificates of compliance for each jurisdiction fall within their jurisdiction. The Parties shall not claim conformity assessment fees to manufacturers established in the territory of the other Party, where conformity assessment has been carried out by a conformity assessment body located on the territory of the Party Of that other Party. |
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7.6 |
Follow-up to the Agreement |
The permanent monitoring of the equivalency of the appointment processes and the conformity assessments of each Party judged to be equivalent to the term of the confidence building programme and any subsequent decisions concerning such equivalence shall be Consistent with the implementation and maintenance of equivalence developed and managed jointly. These activities are managed by the Joint Sectoral Group. |
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The Parties undertake to consult regularly, within the Joint Sectoral Group established under this Annex, in order to ensure the relevance and accuracy of this Annex. Regulatory/designating authorities and conformity assessment bodies organise meetings to discuss specific issues and problems. |
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Conformity assessment bodies and regulatory/designating authorities shall continue to participate in the equivalence activities provided for by the Joint Sectoral Group in the context of this Annex, in order to Continue to appear in Appendix 2. |
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Parties may request that conformity assessment bodies be included in Annex 2. New conformity assessment bodies shall be accepted in accordance with the procedure described in the confidence building programme. The inclusion of conformity assessment bodies in Annex 2 shall be the subject of a decision of the Joint Sectoral Group taken on the recommendation of a regulatory/designating authority. |
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7.7 |
Correspondents |
Correspondents are designated to allow regulatory authorities and manufacturers to inform the regulatory authorities of the other Party with due diligence of quality defects, recalls and incidents that may Require additional checks, suspension of the distribution of the product or suspension or cancellation of a certificate of conformity. |
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For the purposes of this Annex, the correspondents are: |
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For Switzerland: |
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Federal Office of Public Health; |
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And |
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For Canada: |
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Therapeutic Products Directorate, Health Canada. |
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8. |
Appendices and Appendices |
Annexes 1, 2 and 3 are an integral part of this Sectoral Annex. Appendices 1, 2 and 3 are general guidelines. |
For conformity assessment bodies designated by Switzerland |
For conformity assessment bodies designated by Canada |
Federal Office of Public Health |
Therapeutic Products Programme, Health Canada |
For Switzerland |
For Canada |
To be specified at the end of the confidence building program |
To be specified at the end of the confidence building program |
(to be completed during the transition period and the operational phase)
Review and evaluation of conformity assessment elements (exchange of documents)
1. Scope and legislative and regulatory provisions
2. Directives and policies
3. Quality audit methodology, practice and management
4. Scientific technical assessment methods and practices
5. Evaluation and audit reports
6. Audit and evaluation procedures
7. Performance standards for audit and evaluation
8. Effective implementation skills and procedures
9. Alert and Crisis Systems
10. Analysis Capacity
11. Programme/monitoring measures (applied by companies and regulatory authorities)
12. Quality Management Systems
B. Intercomparison Exercise
C. Conclusions on the Intercomparison Study
1. Documentation
2. Crisis Management System
3. Enforcement procedures
4. Quality Assurance System
A. General conditions and requirements
1. The competent authorities shall designate only legally identifiable entities as conformity assessment bodies.
2. The competent authorities shall designate only conformity assessment bodies capable of providing evidence that they understand the conformity assessment requirements and procedures contained in the legislative provisions, And administrative of the other Party for which they are designated, that they have experience in these requirements and procedures and are competent to apply them.
3. The proof of technical competence is based on:
4. The criteria for technical competence are based on documents of international value supplemented by specific documents of interpretation established when the need arises.
5. The Parties shall encourage the harmonization of procedures for the designation and conformity assessment through cooperation between the designating authorities and conformity assessment bodies through meetings of Coordination, participation in mutual recognition mechanisms and working group meetings. Where accreditation bodies are involved in the designation process, they should be encouraged to participate in mutual recognition mechanisms.
B. Conformity Assessment Bodies' Capacity Determination System
6. Designating authorities may apply the following procedures to determine the technical competence of conformity assessment bodies. Where appropriate, a Party shall indicate to the designating authority the means to provide proof of competence.
C. Assessment of the designation system
7. Where each Party has adopted its system of assessment of the competence of conformity assessment bodies, the other Party may, in consultation with the designating authorities, verify that the system has sufficient guarantees that The designation of conformity assessment bodies meets its own requirements.
D. Formal Designation
8. The designating authorities shall consult the conformity assessment bodies located in their jurisdiction in order to determine whether they wish to be designated under the terms of this Agreement. Such consultation shall be extended to conformity assessment bodies which are not subject to the regulatory or legislative administrative provisions of their own Party, but who may be willing to work in accordance with The legislative, regulatory and administrative provisions of the other Party and would be capable of doing so.
The designating authorities shall inform the representatives of their Party within the Joint Sectoral Group, established under this Agreement, of the conformity assessment bodies to be included in Annex 2 to this Sectoral Annex or To remove. The designation, suspension or withdrawal of the designation of conformity assessment bodies shall be carried out in accordance with the provisions of this Agreement and the Regulation of the Joint Sectoral Group.
10. When informing the representative of its Party within the Joint Sectoral Group, established under this Agreement, of conformity assessment bodies to be included in the Sectoral Annexes, the designating authority shall provide for Each of these organizations with the following information:
E. Monitoring
11. Designating authorities shall exercise or cause constant monitoring of conformity assessment bodies by means of regular assessments or audits. The frequency and nature of these activities are consistent with good international practice or as determined by the Joint Sectoral Group.
12. The designating authorities shall require conformity assessment bodies to participate in aptitude tests or other appropriate comparison exercises where such exercises can be carried out technically at a cost Reasonable.
13. Designating authorities shall consult, where appropriate, their counterparts in order to maintain confidence in conformity assessment procedures. Such consultation may include joint participation in audits of conformity assessment or other assessments of designated conformity assessment bodies, where such participation is appropriate and technically Possible at a reasonable cost.
The designating authorities shall consult, where appropriate, the competent regulatory authorities of the other Party in order to ensure that all regulatory requirements are identified and properly complied with.
1. |
Purpose |
The purpose of this Sectoral Annex is to establish a framework for the acceptance of test reports and, upon the expiry of a transitional period, certificates of conformity issued in the territory of a Party in accordance with the Provisions of the other, as specified in Annex 1. |
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2. |
Scope of application |
2.1 |
The provisions of this Annex apply to the following types of telecommunications terminal equipment, radio transmitters and information processing equipment: |
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2.2 |
A non-exhaustive list of the interfaces and services covered by each Party is provided in Annex 2. |
2.3 |
The Parties agree that the following list is an indicative and non-exhaustive list of the categories of radio transmitters covered: |
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3. |
Technical provisions |
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3.1 |
This Sectoral Annex applies to all compulsory licensing provisions adopted in the territory of the Parties by public organisations or bodies which are legally entitled to impose technical rules, for equipment The corresponding technical requirements shall be specified in the legislation referred to in Annex 1. |
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3.2 |
All conformity assessment provisions and procedures applicable to domestic products shall be applied as is, without any other condition or change, to the products or results of conformity assessment From the other Party. |
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4. |
Conformity Assessment Activities |
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4.1 |
Both Parties declare that their conformity assessment bodies, recognised in this Sectoral Annex, are authorised to carry out the following activities relating to their respective technical provisions concerning equipment Telecommunications terminals, radio transmitters and information processing equipment: |
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4.2 |
Certificates of conformity and approval issued by conformity assessment bodies designated by one of the Parties under the provisions of this Sectoral Annex shall be recognised by the authorities of the other Party without any other Product evaluation. |
5. |
Institutions |
5.1 |
Designating authorities |
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5.2 |
Designated Conformity Assessment Bodies |
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6. |
Transitional provisions |
6.1 |
A transition period of eighteen months is foreseen before the provisions of this Annex, in particular those in Section 4, become fully operational. |
6.2 |
This transitional period shall enable the Parties to: |
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6.3 |
During the transition period, the Parties shall also mutually recognize the test reports and related documents issued by their designated conformity assessment bodies in accordance with the provisions of this Annex. Sector. For this purpose, the approval authorities listed in Annex 5 shall accept, for approval purposes, the test reports and related documents as well as evaluations from the designated bodies located in the territory of the other Party Without imposing any other conditions and ensure that: |
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6.4 |
The approval authorities undertake to issue approvals or to inform applicants no later than six weeks after 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 shall proceed to the mutual recognition of all certificates of conformity and approvals issued by the designated bodies of the other Party. Any proposal during or after the transition period to limit the scope of recognition of a conformity assessment body or to exclude it from the list of bodies designated in this Sectoral Annex Based on objective and well-founded criteria. The body concerned may request a review of its situation as soon as the necessary corrective measures have been taken. To the extent possible, the Parties shall implement these measures before the expiry of the transitional period. |
7. |
Additional provisions |
Outsourcing |
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7.1 |
Any subcontracted activity must be carried out in accordance with the subcontracting provisions of the other Party. |
7.2 |
Conformity assessment bodies shall record all elements of investigations relating to the competence and conformity of their subcontractors and shall keep a register of all subcontracted activities. Such information shall, on request, be made available to the other Party. |
Post-market surveillance |
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7.3 |
For the purpose of post-market surveillance, Parties may retain existing labelling and numbering provisions. The latter may take place in the territory of the exporting Party. The numbers are assigned by the importing Party. |
7.4 |
Where the misuse of a mark of conformity occurs or where there is a risk of a product covered by this Sectoral Annex, both Parties shall jointly determine the scope of the abuse and the nature and Degree of corrective action to be taken. |
Joint Telecommunications Group |
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7.5 |
The Joint Committee set up in the context of the Mutual Recognition Framework Agreement may appoint a Joint Telecommunications Group, which shall meet, if necessary, to consider technical, technological or conformity assessment issues Relating to this Sectoral Annex. |
Exchange of information and mutual assistance |
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7.6 |
Each Party shall appoint one correspondent to respond to all justified requests by the other Party concerning procedures, regulations and complaints. |
7.7 |
As provided for in the transitional provisions set out in section 6.2 above, the Parties may, during the first year of the transition period, jointly sponsor two seminars on technical requirements and Licensing provisions for affected products, one in Switzerland and one in Canada. |
7.8 |
The Parties shall also inform themselves of the amendments to the applicable regulations, specifications, test methods, standards and administrative procedures within 30 working days of their internal notification. |
Regulatory Amendments and Updates to the Annex |
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7.9 |
In the event of amendments to the regulations referred to in Annex 1 or the introduction of new regulations concerning conformity assessment procedures in either Party, this Sectoral Annex shall be updated. |
Cross reference |
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7.10 |
If products covered by this Annex are also subject to electrical safety or electromagnetic compatibility requirements, the corresponding provisions of the relevant Sectoral Annexes shall also apply. |
1 Under this MRA, the term "public telecommunications network" must be understood in the light of Swiss legislation as "the facilities of a telecommunications service provider for the public".
Switzerland |
Canada |
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Telecommunications Act of 30 April 1997 (CTA); (RS 784.10 ) Ordinance of 6 October 1997 on telecommunications facilities (ILO); (RS 784.101.2 ) Electromagnetic compatibility order of 9 April 1997; (RS 734.5 ) Order of 9 April 1997 on low-voltage electrical equipment; (RS 734.26 ) Order of the Federal Communications Office (OFCOM) of 9 December 1997 on telecommunications facilities; (RS 784.101.21 ) Annex to the OFCOM Ordinance on Telecommunication Facilities specifying the Swiss regulations with regard to:
Manual on the implementation of Directive 91 /263/EEC (approved by ADLNB and ACT). |
Telecommunications Act Radiocommunication Act Telecom Decision CRTC n O 82-14 SH-03 Certification Specification Certification Procedure PH-01 Radiocommunication Regulations Radio Standards Procedure (NRP) n O 100: certification procedure for radio equipment Canada's Electrical Code Terminal Equipment List Radio Equipment List List of Standards for Licensed Radio Equipment List of Radio Equipment Standards Exempt from a Broadcasting Certificate List of Standards for Category I Equipment List of Standards for Category II Equipment |
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Switzerland |
Canada |
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In specific terms, this Annex covers the following interfaces and services: Basic access to ISDN Primary Access to ISDN ISDN Telephony Access X21/V. 24/V. 35 X25 Access Non-voice PSTN ONP leased line terminals of type: -64 kbits/s-2048 kbits/s unstructured-2048 kbits/s structured-access in 34 Mbits/s-access in 140 Mbits/s-2 yarns, analog-4 yarns, analog Analog connections not harmonized with public switched telecommunications networks. For technical specifications (see appendix 1, let. (b) All telecommunications installations and all radio transmitters include the equipment of terrestrial satellite communication stations for civil application subject to Swiss telecommunications regulations (see appendix 1, let. (b) |
In specific terms, this Annex covers the following interfaces and services: Basic access to ISDN Primary Access to ISDN X.21 Access X.25 Access Digital Services Access: -1.2 kbits/s-2.4 kbits/s-9.6 kbits/s-4.8 kbits/s-19.2 kbits/s-56 kbits/s-64 kbits/s-1544 kbits/s-45 Mbits/s 2-Wire Analog/Analog Lines 4-Wire Analog/Analog Lines Analog connections to public switched telecommunications networks All civil application issuers subject to the Radio Regulations (see Appendix 1, let. (a) |
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Definition of a radio transmitter: "Radio transmitter" means any radio frequency apparatus or association of apparatus intended or capable of being used for the transmission or transmission of signs, signals, texts, images, sounds or information of any kind to the Medium of electromagnetic waves, of a frequency greater than 9 kHz and less than 3000 GHz, propagated in space without artificial guide. This Annex covers only radio transmitters for civil application. |
Definition of a radio transmitter: "Radio transmitter" means any radio frequency apparatus or association of apparatus intended or capable of being used for the transmission or transmission of signs, signals, texts, images, sounds or information of any kind to the Medium of electromagnetic waves, of a frequency greater than 9 kHz and less than 3000 GHz, propagated in space without artificial guide. This Annex covers only radio transmitters for civil application. |
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Switzerland |
Canada |
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Federal Communications Office for Telecommunications Terminal Equipment, Terrestrial Satellite Communications Equipment and Radio Transmitters Federal Office of Energy for Electrical Safety and Electromagnetic Compatibility |
Industry Canada for Terminals, Radio Transmitters and Electromagnetic Compatibility Standards Council of Canada for Electrical Safety Standards Council of Canada for Registrars of Quality Systems |
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(This appendix should include the names, addresses, telephone and fax numbers of the organizations and indicate the corresponding contact, product, standards and conformity assessment procedures covered by the designation. Referring to the legislative provisions of the other Party.)
Switzerland |
Canada |
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Federal Communications Office |
Industry Canada |
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Radio Standards Specification
Standard |
Called |
Editing |
Date |
CNR-117 |
Terrestrial or coastal station transmitters A1, A2, A3, A2H or A3H operating in the band 200 to 535 kHz |
2 |
30 March 1974 |
CNR-118 |
Basic station and subscriber base station radio transmitters and receivers with voice frequencies (data signals or tones) operating in the cellular mobile bands between 824-849 MHz and 869-894 Mhz |
2 Note 1 |
19 August 1990 |
Addendum to standard RSS-118 |
1 |
1 Er Seven. 1990 |
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Annex A of standard RSS-118 |
Standard for compatibility between mobile stations and ground stations of cellular systems |
22 Oct. 1983 |
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RSS-118 Modified |
Change-2nd Edition |
24 August 1996 |
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CNR-119 |
Terrestrial and fixed radio transmitters and receivers, 27.41 to 960 Mhz |
5 |
24 August 1996 |
CNR-123 |
Licensed low-power radio devices |
1 Provisional |
Feb 24, 1996 |
CNR-125 |
Terrestrial and fixed radio transmitters and receivers, 1.705 to 50.0 MHz, using mainly modulated amplitude modulation |
2 |
24 August 1996 |
CNR-128 |
Dual-mode cellular phones running in the 800 Mhz Telephones band |
1 Provisional |
12 June 1993 |
RSS-128 Modified |
Amendment |
24 August 1996 |
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CNR-129 |
Dual-mode AMRC Cellular Telephones in the 800 MHz Band |
1 Provisional |
Feb 24, 1996 |
RSS-129 Modified |
Amendment |
24 August 1996 |
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CNR-130 |
Digital Cordless Telephones in the Band 944 to 948.5 MHz |
2 |
Jan 23, 1993 |
Annex 1 to RSS-130 |
#Annexe 1-CT2Plus, Class 2: Standards for the Canadian Common Hertzienne Interface for Digital Cordless Telephony, including Utilities |
2 |
Jan 23, 1993 |
Appendix 1 to RSS-130 |
European Telecommunications Standards Institute Interim Standard /I-ETS 300 131 |
April 1992 |
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CNR-131 |
Radio signal enhancers for mobile telephone service |
1 Provisional |
Feb 24, 1996 |
CNR-133 |
Personal Communications Services in the 2 GHz Band |
1 Provisional |
Nov 29, 1997 |
CNR-134 |
Narrowband personal communications service in the 900 MHz band |
1 Provisional |
24 August 1996 |
CNR-135 |
Digital Scanning Receivers |
1 Provisional |
Oct. 26. 1996 |
CNR-136 |
Land station and mobile station transmitters and receivers operating in the band 26.960 to 27.410 MHz of the general radio service |
5 |
1 Er Jan 1977 |
CNR-137 |
Location and Control Services in the 902-928 MHz Band |
1 Provisional |
Nov 29, 1997 |
CNR-181 |
Single side band radio transmitters and receivers of coast station and ship station operating in the band from 1605 to 28 000 kHz |
1 |
1 Er April 1971 |
Change RSS-181 |
This amendment contains some clarifications regarding RSS-181 |
1 Er Jul. 1987 |
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CNR-182 |
Marine radiotelephone devices with frequency or phase modulation operating in the band 156 to 162.5 MHz |
2 Note 1 |
Dec 2. 1989 |
CNR-187 |
Emergency Locator Beacons, Emergency Beacons, and Personal Locator Beacons |
3 |
24 August 1996 |
CNR-188 |
Global Maritime Distress and Safety System (GMDSS) |
1 Provisional |
24 August 1996 |
CNR-210 |
Low-power, licence-exempt radiocommunication devices |
2 |
Feb 24, 1996 |
*Supplement 1993-1 |
Supplement 1993-1 to Radio Standards Specifications (RSS) 118 and 182 |
12 June 1993 |
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Note 1: Supplement 1993-1 dated 12 June 1993 applies to RSS-118 and RSS-182.
Technical Standards for Broadcasting Equipment
Standard |
Called |
Editing |
Date |
NTMR-1 |
Standards and Technical Requirements for Transmitter of Low Power Advertisements in the Frequency Bands 525 to 1 705 kHz and 88 to 107.5 MHz |
1 |
1 Er Nov 1996 |
NTMR-3 |
Standards and Technical Requirements for Broadcasting Equipment Part of a Collective Antenna Television Broadcasting Undertaking (MATV) |
1 |
1 Er Nov 1996 |
NTMR-4 |
Technical Standards and Requirements for Television Broadcasting Transmitters |
1 |
1 Er Nov 1996 |
NTMR-5 |
Standards and Technical Requirements for AM Broadcasting Transmitters |
1 |
1 Er Nov 1996 |
NTMR-6 |
Standards and Technical Requirements for FM Broadcasting Transmitters |
1 |
1 Er Nov 1996 |
NTMR-8 |
Technical standards and requirements for FM transmitters operating in small, remote communities |
1 |
1 Er Nov 1996 |
NTMR-9 |
Technical standards and requirements for television transmitters operating in small, remote communities |
1 |
1 Er Nov 1996 |
NTMR-10 |
Technical standards and requirements for television transmitters operating in the band 2 596-2 686 MHz |
1 |
1 Er Nov 1996 |
NTMR-11 |
Technical Requirements for the Identification of Broadcasting Stations |
1 |
1 Er Nov 1996 |
Broadcasting charges paper
Standard |
Called |
Editing |
Date |
NER-1-1 |
Radio broadcast standards: broadcasting AM stereophonic exploitation |
1 Provisional |
Feb 6, 1988 |
NER-1-2 |
Broadcast Emission Standards: AM Broadcasting RF Emission Limits |
1 Provisional |
Nov. 1989 |
NER-3 |
Broadcasting Emission Standards: Television Broadcasting |
2 |
May 1990 |
CR-14 |
Broadcasting charges: videotex provisional broadcast |
1 Provisional |
19 June 1981 |
Technical Standard |
Called 1 |
Editing |
Date |
1.1 |
Technical specifications for radiotelephony facilities operating in the 27 MHz band (FM/4 W). |
3 |
1 Er June 1996 |
1.2 |
Technical specifications for radio-telephony installations operating in the 27 MHz (AM 1 W/SSB 4 W) band. |
4 |
1 Er June 1996 |
1.3 |
Technical specifications for the terrestrial mobile radiotelephony facilities operating in the 30 MHz to 1000 MHz band, which have an internal or external HF connection and are primarily used for analog voice transmission. |
3 |
1 Er Jan 1996 |
1.6 |
Technical specifications for low-range radio equipment for transmission of data or speech and operating in the band 9 kHz to 25 MHz (electromagnetic) and 9 kHz to 30 MHz (inductive) on frequencies Collective. |
3 |
1 Er Jul. 1995 |
1.15 |
Technical specifications for data radiocommunication installations operating in the 30 MHz to 1000 MHz of land mobile service on exclusive or common frequencies. |
3 |
1 Er Seven. 1997 |
1.16 |
Technical specifications for microwave radiocommunication installations operating with a small number of channels in the 1.5 GHz band. |
2 |
1 Er Jan 1995 |
1.17 |
Technical specifications for microwave radiocommunication installations operating in the band from 23 GHz to 38 GHz. |
2 |
1 Er Jan 1995 |
1.19 |
Technical specifications for low-range radio equipment for transmission of data or speech and operating in the 25 MHz to 1000 MHz band on collective frequencies. |
2 |
1 Er Jan 1995 |
1.20 |
Technical specifications for on-site personnel search systems, operating on collective frequencies, in the band 16 kHz to 150 kHz (inductive facilities) or in the 25 MHz band at 470 MHz (HF facilities). |
2 |
1 Er Jan 1995 |
1.24 |
Technical specifications for base stations operating in the ERMES (European Radio Message System) radio network. |
2 |
1 Er Jan 1995 |
Technical Standard |
Called |
Editing |
Date |
1.26 |
Technical specifications for microwave radiocommunication installations operating in the 10 GHz band. |
1 |
1 Er Jan 1995 |
1.27 |
Technical specifications for the aerial interfaces of CT1 + wireless phones. |
1 |
1 Er Jan 1995 |
1.28 |
Technical specifications for the aerial interfaces of CT2 wireless phones. |
1 |
1 Er Jan 1995 |
1.29 |
Technical specifications for radio-telephony facilities with integrated air service in the 30 MHz to 1000 MHz band, primarily intended for analog transmission of speech. |
1 |
1 Er Jul. 1995 |
1.30 |
Technical specifications for broadband audio installations. |
1 |
1 Er June 1996 |
1.32 |
Technical specifications for wireless microphones operating in the 25 MHz to 3 GHz band. |
1 |
1 Er June 1996 |
1.33 |
Technical specifications for low-range radiocommunication facilities operating on collective frequencies in the 1 GHz band at 25 GHz. |
1 |
1 Er June 1996 |
2.2 |
Technical specifications for wireline installations: PSTN connection. |
1 |
1 Er Jul. 1995 |
2.4 |
Technical specifications for wireline facilities: PSTN, voice telephony service, voice terminal equipment. |
1 |
1 Er Jul. 1995 |
Interim Technical Standards
Technical Standard |
Called |
Editing |
Date |
337/1.3 |
Provisional technical specifications for radio apparatus operating on 406.025 MHz for the "Emergency Position Indicating Radio Beacons (EPIRBs)" (Base: ETS 300 066) |
2 |
1 Er May 1995 |
337/1.5 |
Provisional technical specifications for radio apparatus operating on 121.5 MHz and 243 MHz for "Emergency Position Indicating Radio Beacons (EPIRBs)" (Base: ETS 300 152) |
2 |
1 Er Jan 1995 |
337/1.7 |
Provisional technical specifications for local networks of wireless enterprises (RLANs) operating on 2.4 GHz, 5.2 GHz and 17.2 GHz operating for the CDMA broadband data systems (Base: ETS 300 328) |
2 |
1 Er Jan 1995 |
337/1.11 |
Provisional technical specifications for VSAT transmitters/receivers, for data communications and operating at 11 GHz, 12 GHz and 14 GHz (Base: ETS 300 159) |
2 |
1 Er Jan 1995 |
337/1.16 |
Provisional technical specifications for mobile satellite radio apparatus for data communications for low flows and operating at 11 GHz, 12 GHz and 14 GHz (Base: ETS 300 255) |
2 |
1 Er Jan 1995 |
337/1.17 |
Provisional technical specifications for mobile satellite radio apparatus for data communications for low flows and operating at 1.5 GHz and 1.6 GHz (Base: ETS 300 254) |
2 |
1 Er Jan 1995 |
337/1.18 |
Provisional technical specifications for portable mobile installations for video-reporting |
1 |
1 Er Seven. 1995 |
337/1.19 |
Provisional technical specifications for microwave installations in the 1.5 GHz frequency range |
1 |
22 May 1995 |
337/1.20 |
Provisional Specifications for Hertzian Beam Installations in the 58 GHz Frequency Range (Base: prTE 300 408) |
1 |
6 March 1995 |
337/1.22 |
Provisional technical specifications for microwave installations in the 7 GHz frequency range (Base: ETS 300 234) |
2 |
15 May 1996 |
337/1.23 |
Provisional technical specifications for mobile radio apparatus, operating for the Terrestrial Flight Telecommunication System (TFTS) (Base: ETS 300 326-2) |
1 |
15 August 1995 |
337/1.24 |
Provisional technical specifications for terrestrial satellite stations operating for the "Satellite News Gathering (SNG)" in frequency ranges 13-14 GHz and 11-12 GHz (Base: ETS 300 327) |
1 |
15 May 1996 |
337/1.25 |
Provisional technical specifications for mobile earth stations operating at 1.5 GHz and 1.6 GHz for transmission of the track and data (Base: ETS 300 423) |
1 |
15 May 1996 |
337/1.26 |
Provisional technical specifications for maritime mobile radiotelephony installations operating in the medium and shortwave (Base: ETS 300 373) |
1 |
1 Er April 1997 |
337/1.27 |
Provisional technical specifications for <Repeater> operating in microwave networks in the 1.5 GHz frequency band |
1 |
19 May 1997 |
337/1.28 |
Provisional technical specifications for GSM and DCS1800 base stations (Base: I-ETS 300 609-1) |
1 |
1 Er Dec. 1997 |
337/1.29 |
Interim technical specifications for ground stations in the aeronautical mobile service used in the VHF band (118 MHz-137 MHz) with amplitude modulation and channel spacing of 8.33 kHz (Base: ETS 300 676) |
1 |
1 Er Dec. 1997 |
337/2.2 |
Provisional technical specifications for user installations: PSTN connection (Base: TBR 21) |
1 |
Dec 22 1997 |
786.6/prTA 1.34 |
Interim Technical Specifications for GSM (Phase 2 and 2 +) transmitters (Base: ETS 300 609-4) |
1 |
1 Er August 1998 |
786.6/prTA 1.38 |
Interim Technical Specifications for Frequency Modulated VHF Transmitters (Base: ETS 300 384) |
1 |
15 June 1998 |
1. |
Scope of application |
1.1 |
The provisions of this Annex shall apply to: |
|
|
|
|
2. |
Requirements |
2.1 |
The corresponding technical requirements are specified in the legislative and regulatory provisions set out in Annex 1. |
2.2 |
All conformity assessment requirements and procedures applied by a Party to its domestic products shall be applied as is, without any other condition or change, to the products or the results of assessments of the Compliance from the other Party. |
3. |
Conformity Assessment |
3.1 |
The Parties agree to recognize all reports, certificates and technical records of manufacture of the other Party required by their respective legislation without further assessment of the products. |
3.2 |
The Parties agree to mutually recognise suppliers' declarations of conformity in accordance with their respective legislation. |
4. |
Institutions |
4.1 |
Designating authorities |
|
|
|
|
4.2 |
Designated Conformity Assessment Bodies |
|
|
|
|
5. |
Transitional provisions |
5.1 |
The provisions of this Annex with regard to mutual recognition, in particular section 3 thereof, shall take effect within 18 months of the entry into force of this Agreement. |
5.2 |
Between the signing of the Agreement and its entry into force, the Parties shall cooperate to: |
|
|
|
|
|
|
6. |
Additional provisions |
Outsourcing |
|
6.1 |
Any sub-contracted conformity assessment shall be carried out in accordance with the subcontracting provisions of the other Party. |
6.2 |
Conformity assessment bodies shall record all elements of investigations relating to the competence and conformity of their subcontractors and shall keep a register of all subcontracted activities. Upon request, such information shall be made available to the other Party without delay. |
Post-market surveillance |
|
6.3 |
For the purpose of post-market surveillance, Parties may adopt labelling, marking or numbering provisions. Labelling, marking and numbering may take place in the territory of the exporting Party. |
Exchange of information and mutual assistance |
|
6.4 |
Each Party shall appoint one correspondent to respond to all justified requests by the other Party concerning procedures, regulations and complaints. |
6.5 |
The Parties shall also inform themselves of the amendments to the relevant regulations, specifications, test methods, standards and administrative procedures within 30 working days of their internal notification. |
Regulatory amendments and updates to the schedule |
|
6.6 |
In the event of amendments to the technical regulations and conformity assessment procedures specified in Annex 1 or in the event of the introduction of new regulations in the territory of one of the Parties, this Sectoral Annex shall be updated. |
Cross reference |
|
6.7 |
If products covered by this Annex are also subject to electrical safety or connection requirements for radio or telecommunications equipment, the corresponding provisions of the Sectoral Annexes Concerning electrical safety, telecommunications terminal equipment, information processing equipment and radio transmitters also apply. |
1 Abbreviation. The complete legal code number is: RS 784.101.21 /m.n.
Switzerland |
Canada |
|
Electromagnetic Compatibility (EMC) Order of 9 April 1997; (RS 734.5 ) Swiss regulations for radio transmitters (civil applications) submitted to the Telecommunications Act of 30 April 1997 (CTA); (RS 784.10 ) |
Radiocommunication Act Radiocommunication Regulations (below list of standards for radio transmitters under Canadian Radio Regulations) List of Standards for Category II Equipment |
|
Specifications Relating to Equipment causing Disturbances
Standard |
Called |
Editing |
Date |
NMB-001 |
Industrial, Scientific and Medical Radio Frequency Generators |
2 |
13 August 1994 |
NMB-002 |
Spark ignition systems of vehicles and other devices equipped with an internal combustion engine |
2 |
|
NMB-003 |
Digital Devices |
3 |
Nov 22, 1997 |
NMB-004 |
High voltage ac power networks |
1 |
June 1991 |
Switzerland |
Canada |
|
Federal Office of Energy |
Industry Canada |
|
(This appendix should include the names, addresses, telephone and fax numbers of the organizations and indicate the corresponding contact, product, standards and conformity assessment procedures covered by the designation. Referring to the legislative provisions of the other Party.)
1. |
Purpose |
|
1.1 |
The purpose of this Sectoral Annex is to establish a framework for the acceptance of electrical products by the recognition of conformity assessments carried out by bodies complying with the requirements of the other Party, while at the same time Preserving the integrity of the security system of each Party. |
|
1.2 |
This Annex also defines the procedures for recognition: |
|
|
Conformity assessment bodies (ECAs) in Canada by Switzerland, and |
|
|
Conformity assessment bodies in Switzerland by Canada. |
|
2. |
Scope of application |
|
2.1 |
For access to Switzerland: the safety of electrical equipment falling within the scope of the order of 9 April 1997 on low-voltage electrical equipment (OMBT) 1 ; (RS 734.26 ). |
|
2.2 |
For access to Canada: low voltage electrical equipment, including medical devices, covered by the Canadian electricity code, with the exception of products specifically excluded by OMBT (other than medical devices). |
|
2.3 |
The legislative, regulatory and administrative provisions applicable in each Party and the regulatory authorities responsible for electrical safety are listed in Annex 1. |
|
3. |
Responsible Authorities/Designations |
|
3.1 |
The authorities listed in Annex 2 shall be the organisations or public authorities responsible for ensuring and verifying the competence of conformity assessment bodies for electrical equipment in their territory in accordance with the provisions Of the other Party. |
|
4. |
Transition Phase |
|
4.1 |
Transitional provisions shall be applied for a period of eighteen months from the entry into force of this Agreement. |
|
4.2 |
The objective of this transitional phase is to enable the responsible/designating authorities to better understand their respective systems and to strengthen their mutual confidence in their procedures for the recognition of Compliance and their ability to carry out their missions. The proper implementation of the transitional provisions should enable the responsible authorities to conclude that the bodies mentioned meet the applicable criteria and have the necessary competencies to carry out evaluation activities of the Acceptable compliance by the other Party. |
|
4.3 |
During the transitional phase, the authorities may jointly sponsor two seminars on technical requirements and licensing provisions, one in Switzerland and the other in Canada. |
|
5. |
Progress of the transitional phase |
|
5.1 |
During the transition phase, Canadian conformity assessment bodies will accept test reports and related documents issued by the designated agencies of the other Party. The Swiss conformity assessment bodies must meet the following requirements: |
|
|
Be part of the IECEE system of the International Electrotechnical Commission (IEC) for the recognition of the results of tests of conformity to the safety standards of electrical equipment (certification body system (CB) in the framework The IEC system of tests for the safety of electrical equipment (IECEE) as defined in document 02 /1992-05 of the IECEE, or |
|
|
Have entered into an agreement to accept test results with a certification body accredited by the Standards Council of Canada. |
|
5.2 |
During the transitional phase, the Swiss conformity assessment bodies shall: |
|
|
Test products in accordance with Canadian provisions; |
|
|
Prepare a comprehensive trial and evaluation dossier (including data and reports) that the manufacturer of the tested products submits to a certification body in Canada. |
|
5.3 |
Canadian certification bodies ensure that: |
|
|
Inform the applicant and the conformity assessment body of Switzerland of any inadequacy in a precise and complete manner; |
|
|
Limit any request for additional information or samples to omissions, contradictions or discrepancies with respect to technical regulations or standards, and |
|
|
To carry out the certification on the basis of the existing procedures, in particular as regards the affixing of their mark. |
|
6. |
Compliance mark |
|
6.1 |
During the transition phase, the Joint Committee shall develop mutually acceptable mechanisms and procedures for the marking of products to be exported to Canada to indicate their compliance with Canadian provisions. These marks shall be affixed under the supervision of conformity assessment bodies recognised by the responsible/designating authorities; they enable the traceability of products, provide sufficient information to consumers and Do not cause confusion with other compliance marks. For access to the Swiss market, the provisions of the OMBT apply. |
|
7. |
Operational Phase |
|
7.1 |
During the operational phase, the Parties shall complete the mutual recognition of the results of conformity assessment procedures in accordance with their respective legislation. Conformity assessment bodies recognised by the responsible/designating authorities shall operate as follows: |
|
|
For access to the Swiss market: |
|
If the conformity of a product is contested by the Swiss authorities, a report prepared by a Canadian conformity assessment body recognised under this Agreement shall be assimilated by Switzerland to a report by a Swiss OEC Recognized under the provisions of the WTO; |
||
|
For access to the Canadian market: |
|
The conformity assessment bodies of Switzerland shall be accredited in accordance with the criteria of the Standards Council of Canada governing the accreditation of recognized certification bodies in Canada and shall be issued a certificate Certification. The following conditions are deemed to be equivalent to the prescribed criteria: |
||
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||
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||
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||
7.2 |
The Parties shall encourage the conclusion of a Mutual Recognition Agreement between the SAS (or European Accreditation-EA) and the SCC. |
|
7.3 |
Following the entry into force of the operational phase, the inclusion of additional conformity assessment bodies shall be carried out in accordance with the rules laid down in the Agreement. |
|
8. |
Limiting or denying recognition for certification purposes |
|
8.1 |
Upon request, a conformity assessment body may be requested to produce additional supporting documents in order to facilitate its transition from the transitional phase to the operational phase. |
|
8.2 |
During or at the end of the transitional period, any proposal inviting, in accordance with the procedures described in the Framework Agreement, the responsible/designating authority to limit the recognition of a designated conformity assessment body or To exclude it from the list of accredited/designated bodies shall be objectively substantiated, duly documented and submitted in writing to the Joint Committee. |
|
8.3 |
The conformity assessment body to which limited recognition has been granted or has been excluded may request a re-evaluation as soon as corrective measures have been taken. |
|
9. |
Monitoring Certification Activities |
|
9.1 |
The authorities of each Party (see annexes 1 and 2) reserve the right to challenge the performance of conformity assessment bodies whose activities fall within the scope of this Annex. On reasoned request, the authorities of a Party may obtain a copy of the certification report drawn up in accordance with their requirements in the territory of the exporting Party. This report will be provided promptly and without charge. |
|
9.2 |
Conformity assessment bodies and their customers put in place an action plan to remove non-compliant or dangerous products from the market. This plan designates a correspondent to intervene with the manufacturers of the products in question. |
|
10. |
Joint Group on Electrical Safety |
|
10.1 |
The Joint Committee established under the Mutual Recognition Agreement shall establish a joint group on electrical safety. |
|
10.2 |
This group is composed of an equal number of representatives from Switzerland and Canada. |
|
10.3 |
The group may examine issues of concern to either Party. No Party shall refuse a request for review by the other Party. |
|
10.4 |
The group may make recommendations to the Joint Committee on issues raised by the representatives of Switzerland or Canada. |
|
10.5 |
The group shall adopt its own rules of procedure, take its decisions and adopt its recommendations by consensus of the Parties. |
1 The categories of equipment and phenomena excluded from the scope of the OMBT are: electrical equipment for use in an explosive atmosphere, electroradiology and medical electricity appliances, parts thereof Lifts and lifts, electrical meters, electrical outlets (plugs and plugs) for household use, electrical fencing systems, and radio disturbances.
Switzerland |
Canada |
Order of 9 April 1997 on low-voltage electrical equipment (OMBT); (RS 734.26 ), Federal Office of Energy |
The Canadian Electricity Code under provincial/territorial legislation is the responsibility of the following provincial/territorial regulatory authorities: Alberta: The Safety Codes Act, Statutes of Alberta, 1991, Chapter S-0.5; Alberta Department of Labour, Technical and Safety Services British Columbia: Electrical Safety Act, Chapter 109 Electrical Safety Regulation, B.C. Reg 253/96 Ministry of Municipal Affairs & Housing Manitoba: Manitoba Hydro Act, 1976 Provincial Regulation 126-94, as amended in September 1995 Manitoba Hydro New Brunswick: Electrical Installation and Inspection Act General Regulation 84-165 Regulation 82-215 on lightning protection devices Ministry of Higher Education and Labour Newfoundland: Public Safety Act Electrical Regulations, 1996 Department of Government Services and Lands Northwest Territories: The Electricity Hazards Protection Act, L. R.T.N-O 1988, C.E-3 Department of Public Works and Services Nova Scotia: The Electrical Installation and Inspection Act Nova Scotia Department of Labour Ontario: Electricity Corporation Act, Revised Statutes of Ontario, 1990, Chapter P18, Section III Ontario Regulation 612-94 Hydro-Ontario Prince Edward Island: The Electrical Inspection Act The Electrical Inspection Act Regulations Department of Community Affairs and Attorney General Quebec: Electrical Facilities Act, R.S.Q., Chapter I-13.01 Electrical Facilities Regulations, I-13.01, R. 3 Quebec Electricity Code Régie du bâtiment du Québec Saskatchewan: The Electrical Inspection Act, 1993 Electrical Inspection Regulations Saskpower Yukon: The Electricity Hazards Protection Act Order 1992-017 Yukon Electricity Protection Act Regulations Yukon Department of Community and Transportation Services |
Switzerland |
Canada |
Federal Office of Energy |
Standards Council of Canada, a federal agency established by an Act of the Parliament of Canada in 1970 as amended in 1996. |
(This appendix should include the names, addresses, telephone and fax numbers of the organizations and indicate the corresponding contact, product, standards and conformity assessment procedures covered by the designation. Referring to the legislative requirements of the other Party.)
The Parties undertake that this Annex be extended to cover pleasure craft when the Swiss authorities have adopted regulatory requirements based on the EC Directive 94 /25/EC or any modification of This directive.