Annex 3: Electromagnetic Compatibility and Radiocommunications Equipment
3.1 Cooperation Programme covering certain regulatory Requirements relating to electromagnetic compatibility (EMC) and radiocommunications equipment standards and the conformance assessment arrangements underpinning those standards will be pursued under the auspices of this Arrangement and in conformance with the provisions of Part IX. The two main options for cooperation are mutual recognition or harmonisation.
Coverage of Existing Regulatory Requirements
3.2 Two distinct areas of regulation are covered by this Annex:
(a) electromagnetic compatibility (EMC) Requirements for all electrical products excluding radiocommunications equipment); and
(b) regulatory Requirements for radiocommunications equipment (including EMC Requirements).
3.3 Parties note that total harmonisation or mutual recognition of standards is not possible due, for example, to differences in the bands of the spectrum allocated to each country under international agreements. The Parties consider, however, that such differences can be accommodated within the Cooperation Programme, for example, through agreement that certain Requirements be permanently exempt from the Arrangement. In Australia, this also includes EMC requirements put in place by bodies other than the Spectrum Management Agency.
Institutional Arrangements
3.4 An exchange of letters in 1994 between the relevant Australian and New Zealand authorities proposed harmonisation in the area of radiocommunications equipment and EMC. At present, joint Australia-New Zealand standards for radiocommunications equipment and EMC have been and are being developed through joint committees of Standards Australia and Standards New Zealand. Some of these standards have been adopted in regulation on both sides of the Tasman; some others may be adopted in the future where appropriate.
Legislation subject to Special Exemption
Australia
Radiocommunications Act 1992 of the Commonwealth.
New Zealand
Radiocommunications (Radio) Regulations 1993, Part V.
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