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Meeting : E-Meeting, 26 January 2021
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Meeting : E-Meeting, 25 November 2020
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Meeting : E-Meeting, 07 July 2020
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Language:English
Score: 747173.44
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https://www.itu.int/md/T17-SG09/en
Data Source: un
Slide 1
1
Mutual Recognition Agreement/Arrangement: Procedures for
definition, implementation and management of MRAs
Presented by Andrew Kwan ITU Consultant
Meeting of UMA/Maghreb Committee on Conformance and Interoperability (C&I)
Rabat, Morocco 23-25 November 2015
Rabat, Morocco, 23-25 November 2015
PRESENTATION OVERVIEW
Procedures for:
Definition/Development
Implementation
Management
of Mutual Recognition Agreements/Arrangements (MRAs)
2 Rabat, Morocco, 23-25 November 2015
Definition/Development Types of MRAs
Bilateral MRA between two parties
Framework MRA with more than 2 parties
Scope and coverage
Terminal attachment and radio equipment
Electro-magnetic compatibility (EMC)
Electrical safety
Parties to the MRA
Belong to one geographic region
Common trade and economic interests
Common telecom standards and conformity assessment procedures
3 Rabat, Morocco, 23-25 November 2015
Definition/Development Obligations of parties
Recognition of conformity assessment results
Recognition of conformity assessment bodies
Maintain confidentiality commitments
Accept legal and liability responsibilities
Establish and participate in MRA management procedures
4 Rabat, Morocco, 23-25 November 2015
Definition/Development
Examples of MRAs on conformity assessment
Bilateral MRA
United States/Mexico MRA
Australia/European Union MRA
Framework MRA
Asia Pacific Economic Cooperation Telecom MRA (APEC TEL MRA, 21 economies)
Inter-American MRA (CITEL MRA, 35 member states)
5 Rabat, Morocco, 23-25 November 2015
Definition/Development
Duration and Disestablishment of MRAs
Implementation dates and duration
MRA can be disestablished in response to technological, regulatory or political changes – conditions to be specified in the MRA.
6 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Pre-implementation preparation
Review, amend or develop legislation, regulations and procedures. It would take time and political will to make changes
Parties should cooperate in above processes to streamline implementation
Scope and coverage
Full coverage or limited coverage to gain experience and confidence
7 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Regulations, standards and specifications
Decision on set of regulations, standards and specifications to be offered to partners, this list can be amended upon mutual consent
Agreement on the list and exchange of information
8 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Accreditation Bodies
Accreditation bodies should be ISO/IEC 17011 compliant and be signatories of ILAC MRA or IAF MLA
Parties appoint accreditation bodies within their territories
Parties can recognize foreign accreditation bodies if there are no accreditation bodies within their territories
9 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Confidence building period
Exchange of conformity assessment results without mutual recognition to learn and understand each other’s technical requirements and procedures
Typically 6 to 12 months before formally entering into implementation.
10 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Implementation Phases
Phase 1 – Mutual recognition of testing laboratories and mutual acceptance of test reports prepared by the recognized testing laboratories
Phase 2 - Mutual recognition of certification bodies and mutual acceptance of certifications prepared by the recognized certification bodies
11 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Implementation Phases (cont’d)
Phases can be implemented one at a time or both together
Typically Phase 1 will be implemented first to gain experience and confidence followed by Phase 2 implementation
12 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Identification of Contacts and MRA Host
MRA stakeholders include designating authorities, regulatory authorities, accreditation bodies, conformity assessment bodies and equipment manufacturers
To coordinate and facilitate implementation, each party has to nominate a contact person
In the regulatory sector, MRA hosts should be identified
13 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Nomination of regulatory authority
Typically the regulatory authority is the regulator of the party
The regulatory authority may delegate this task to a competent body
One regulator should be nominated unless equipment under coverage is regulated under different regulatory authorities
14 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Nomination of designating authority
One or more designating authorities can be nominated and it is recommended to nominate only one designating authority
Regulatory authority can assumed the role of designating authority
Identification of accreditation bodies
One or more accreditation bodies appointed within a party’s territory
Recognized accreditation bodies in foreign territories
15 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Notification of conformity assessment bodies
Party A of an MRA which has designated a conformity assessment body (cab) accredited to conduct conformity assessment meeting requirements of Party B, will notify the regulatory authority of Party B of this designation along with documentation and a request for recognition by Party B of this cab
16 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Recognition of conformity assessment bodies
If regulatory authority of Party B is satisfied with designation by Party A, it will notify the designating authority of Party A with its recognition
Response to recognition requests typically within 3 months
The recognized cab from Party A will be permitted to send conformity assessment results to regulatory authority of Party B
17 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Formation of a Joint Committee
Establish Joint Committee co-chaired by personnel from both parties
Membership should include all MRA stakeholders
Meets regularly or at the request of either parties
18 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Monitor and surveillance programs
Establish programs to monitor designated conformity assessment bodies to ensure their accreditations are up to date
Establish programs to audit equipment tested or certified by designated conformity assessment bodies
19 Rabat, Morocco, 23-25 November 2015
Implementation of an MRA
Experiences from implementation of MRAs
Time taken to develop and implement MRA is longer than expected
It is useful and beneficial to share assessors for accreditation
It is necessary to establish program to monitor conformity assessment bodies
Parties report good results and benefits from implementation
It is expedient and useful to develop a Framework MRA for a region such as the Inter-American MRA for the Americas
20 Rabat, Morocco, 23-25 November 2015
Management of an MRA
Joint Committee
Work by consensus
Facilitate implementation
Assist in dispute resolution
Facilitate sharing of information
Coordinate training and information programs to support implementation
Sharing of results on the monitoring and surveillance of conformity assessment bodies
21 Rabat, Morocco, 23-25 November 2015
Management of an MRA
Update and surveillance by accreditation bodies of conformity assessment bodies
Surveillance activities
Reassessment (comprehensive as initial accreditation) visits
Responds to claims and complaints on accredited conformity assessment bodies
Extension of scope of accreditation
22 Rabat, Morocco, 23-25 November 2015
Management of an MRA
Management of data
Information gathered prior to implementation, variation to the operation of the MRA and prior to termination of the MRA has to be compiled, organized and stored by each party
Parties can delegate this task to other organizations or join together to channel the information to one organization
23 Rabat, Morocco, 23-25 November 2015
Management of an MRA
Termination and withdrawal from an MRA
Remedial measures include
Contesting competence of a conformity assessment body and
Referral of any matter to the joint committee
Criteria for termination to be determined by both parties during development of the MRA
Parties which terminates its participation should ensure that after termination it continues to give effect to conformity assessment results accepted prior to termination
24 Rabat, Morocco, 23-25 November 2015
Mutual Recognition Agreement/Arrangement: Procedures for
definition, implementation and management of MRAs
Thank you
Andrew Kwan
akwan68@gmail.com
25Rabat, Morocco, 23-25 November 2015
Language:English
Score: 746917.3
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https://www.itu.int/en/ITU-D/R...MRA%20Kwan%20%20rabat%20S7.pdf
Data Source: un
There are always at least two sides to every story.
Even if they work for one media that supports one party, professional journalists try to be unbiased and include balance in their reporting. (...) Are any powerful interests spending large amounts of money to support one particular party? Are the parties willing to disclose where they get their money? (...) Core vote One essential strategy of a party is to win the votes of people who supported the party in the past.
Language:English
Score: 746820.75
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https://en.unesco.org/sites/de...ions_reporting_handbook_en.pdf
Data Source: un
One to two representatives were selected from each of the twelve parties for the focus group discussions. (...) Moreover, one of the candidates from the Party of Communists declared that, “the problem of gender inequality is far-fetched. (...) The other parties limited themselves to nominating the minimum number, i.e. only one woman in the first five of their list of candidates.
Language:English
Score: 746559.7
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https://www.undp.org/sites/g/f...n/kg/eng-political-parties.pdf
Data Source: un
When the subsidiary body is open-ended,
one quarter of the Parties shall constitute a quorum.
(...) VOTING
Rule 49
1. Each Party shall have one vote, except as provided for in paragraph 2.
2. (...) A representative of a Party may speak in a language other than an official language if the Party provides for interpretation into one of the official languages.
Language:English
Score: 746360.45
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https://www.who.int/fctc/protocol/mop/FCTC_MOP1(1)-en.pdf
Data Source: un
When the subsidiary body is open ended, one quarter of the Parties shall
constitute a quorum.
(...) VOTING
Rule 49
1. Each Party shall have one vote, except as provided for in paragraph 2.
2. (...) A representative of a Party may speak in a language other than an official language if the Party provides for interpretation into one of the official
languages.
Language:English
Score: 746237.74
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https://www.who.int/fctc/proto.../mop/FCTC_MOP_1_1_Annex_EN.pdf
Data Source: un
If the Conference of Parties at an extraordinary meeting convened in accordance with paragraph 5 or 6 decides by a two-third majority of the States Parties present and voting that the denunciation will significantly impair the ability of the Supplementary Compensation Mechanism to perform its functions, any State Party may, not later than one hundred and twenty days before the date on which the denunciation takes effect, denounce this Convention with effect from that same date.
(…)
Chapter IX Final Clauses
38 – Signature, ratification, acceptance, approval or accession
1. (...) For a declaration made under Article 2, paragraph 2, by a State Party having two or more territorial units in which different systems of law are applicable, it may declare that this Convention shall apply to damage to third parties that occurs in all its territorial units or in one or more of them and may modify this declaration by submitting another declaration at any time.
[4. (...) For a declaration made under Article 2, paragraph 2, by a State Party having two or more territorial units in which different systems of law are applicable, it may declare that this Convention shall apply to damage to third parties that occurs in all its territorial units or in one or more of them and may modify this declaration by submitting another declaration at any time.
[4.
Language:English
Score: 746007.67
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https://www.icao.int/secretari...CCD2009/MISC/DCCD_FCC_2_en.pdf
Data Source: un
As noted, it is not necessary to be on the indicative list in order to be proposed as a potential panel member in a specific dispute. Citizens of a party or a third party to a dispute may not serve as panelists without the agreement of the parties ( Article 8.3 of the DSU). (...) Compared to the passive option, being a third party offers the advantage of receiving information on the dispute, namely, the initial submissions, and of being heard by the panel and the parties. (...) This usually happens in consultations or in agreement with the parties during the panel’s “organizational” meeting with the parties.
Language:English
Score: 745737.2
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https://www.wto.org/english/tr..._settlement_cbt_e/c6s3p2_e.htm
Data Source: un
SPECIFIC INFORMATION REQUIREMENTS [ ]
A. Stage one: Notification of the proposed activity to the affected Party 7. (...) The quality of information provided by the affected Party is dependent on the information on the proposed activity that was provided by the Party of origin in stage one. (...) The response to the stage one notification from the affected Party could be in the form of a letter.
Language:English
Score: 745510.94
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https://unece.org/environment-...-notification-under-convention
Data Source: un
In cases where there are more than two parties to the dispute, which is a not infrequent occurrence, the rule is that parties acting in the same interest are restricted to a single judge ad hoc between them and that, if one of them already has a judge of its nationality on the Bench, they are not entitled to choose a judge ad hoc at all. There are therefore various possibilities, the following of which have actually occurred in practice: two regular judges having the nationality of the parties; two judges ad hoc ; a regular judge of the nationality of one of the parties and a judge ad hoc ; neither a regular judge having the nationality of one of the parties nor a judge ad hoc .
(...) Nevertheless, numerous writers take the view that it is useful for the Court to have a judge participating in its deliberations who is more familiar with the views of one of the parties than the elected judges may sometimes be.
Language:English
Score: 745357.9
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https://www.icj-cij.org/en/judges-ad-hoc
Data Source: un