Philipp, According to several of the european regulatory authorities I had contact with, the publication in the OJ is legally binding for all member states. Some of them even accept import of CE marked modems prior to the publication.
Regards, Roger Magnuson ---------- Från: [email protected] Till: [email protected] Angående: RE: CTR21 Approval? Datum: tisdag, juli 28, 1998 13:07 <<Bifogad fil: ENVELOPE.TXT>> Treggers, Having read the mail chains on TBR21/CTR21 and hopefully understood the last comments made by Ben, what is the practical implication for a manufacturer? If the Dutch law allows the Dutch notified body to issue CTR 21 approval, would there be any legal means for the UK to object to CE marked equipment being sold and connected in the UK? In other words, if a manufacturer finds a notified body in the EU to issue a certificate based on CTR 21 (just because national law doesn't conflict), what could prevent the manufacturer from shipping in all member states? Philipp Neldel, Engineering, Communcation Products Group, Compaq Computer EMEA BV, Einsteinring 30, D-85609 Dornach, Germany Phone: +49 89 9392 2344, Fax: +49 89 9392 2342 PLEASE NOTE NEW NUMBER AS OF JULY 12 mail: [email protected] > -----Original Message----- > From: Ben Wrigley [SMTP:[email protected]] > Sent: Tuesday, July 28, 1998 3:20 AM > To: [email protected] > Subject: CTR21 Approval? > > ---------- Original message from Victor L. Boersma ---------- > > > > Treggers > > > > > > CTR 21 passed the European Council vote on 20 July, and was notified > > > on 21 June to all National Member States. > > > > > > This means that CTR21 Pan-European approvals can now be issued. > > > > > > I know that BABT have already said that they will now issue approvals > to > > > CTR21 and convert existing TBR21 (fully compliant) national approvals > on > > > request.. > > > > > > regards > > > > > > Andrea Bishop > > > > Andrea, > > > > I am not quite sure how it works, but it seems to me that I remember > that > > any decision by the European Commission needs to be transposed into > > national regulation in the member states, or something to that effect, > > before it takes effect. Seems to me that the member states will need a > > couple of days (weeks ... months ....) to do that and that the effective > > date even from a Council perspective cannot be the date when ACTS or > some > > body of that ilk agreed to the CTR. It may well be that some > > organizations are willing to let you use their Notified Body number and > > the CE marking as soon as they have satisfied themselves that indeed > your > > gadget meets all the applicable requirements. However, a member state > > that has not yet transposed that new agreement into national regulation, > > may not want to accept that before they have to. Question is, by what > > date do the member states have to implement CTR21 ??? > > > > By the way, something went screwy with your dates as you have the member > > states notified before the Council made its determination. > > > > Ciao, > > > > Vic Boersma > > Vic, Andrea > > A few things to clarify first: > > [1] CTR21 does not actually exist yet. The European Council have adopted > TBR21 which means that is is now effectively a harmonized standard. It > will > not be a CTR until the relevant European Commission decision is published > in the OJ. Member states will have to implement a CTR within 12 months > (usually) of the decision (which usually happens several weeks before OJ > publication). OJ publication is expected around September time. > > [2] Many members states cannot (legally) grant CE approvals using TBR21 > until the CTR21 OJ publication takes place. This is to do with how the > terminal equipment Directive is implemented into the national law of the > member state. In some member states (like the UK for example) the law > specifically refers to CTRs being used as the basis for approval. The laws > of > other member states (such as The Netherlands) do not refer to CTR's but to > > Harmonized Standards, and whilst a CTR is a harmonized standard, a > harmonized standard is not necessarily a CTR as is the case with TBR21 at > the moment. > > Andrea's announcement surprises me since I have heard from at least two > manufacturer's in the last week with national UK TBR21 approval who claim > to have approached BABT (in at least one case BABT Product Service) and > were told that BABT could not grant CE approval until the CTR21 > Commission Decision appeared in the OJ, I guess because of the UK law. > > Regardless of all of this, Vic's comments do provide a cautionary word of > warning. There may be member states who make things difficult for > manufacturers during periods of transition and beyond. Furthermore there > may be other implications (like pulse dialling or caller ID) which do not > fall > within the scope of TBR21 but do fall within the scope of other national > standards meaning that in some cases CTR21 CE approval and various > national approvals may be required. > > Regards > > ------------------------------ > > Ben Wrigley > Senior Approvals Specialist > > KTL > Saxon Way > Priory Park West > Hull > HU13 9PB > UK > > Phone: +44 (0)1482 801801 > Fax: +44 (0)1482 801806 > Mobile: +44 (0)802 280914 > Web: http://www.ktl.co.uk > Email: mailto:[email protected] ***************************************************** ROGER MAGNUSON TGC AB, Sweden Tel: +46 8 56250042 Fax: +46 8 7050045 Internet Address: [email protected] *****************************************************
