What is the situation regarding conformity assessment in the period before the HS are finalised. Which annex applies, when there is an EN or an ETS?
It is clear when there is a Common Technical Regulation, adopted under the previous Directive 98/13/EC, which is repealed by the R&TTE Directive. Article 18 foresees that the standards, on which they are based are harmonised standards under the R&TTE Directive. As regards the usability of other adopted ETSI standards (ENs, ETSs and some TBRs, which have not been converted in CTRs), the situation is described in the “GUIDE TO THE IMPLEMENTATION OF DIRECTIVES BASED ON NEW APPROACH AND GLOBAL APPROACH”, (the Blue Guide) in chapters 4.2 and 4.3. A Standard, whether an EN or ETS, has reached the status of Harmonised Standard only when it is formally presented to the Commission and published by ETSI. However (!), it is the publication of the reference in the Official Journal that gives presumption of conformity to the essential requirements of the directive (Blue Guide, footnote 74 and chapter 4.3). From R&TTE articles 5.1 and 10 follow that until the reference has been published, if it conc
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