NOTE:
This is a third-party translation of an official Russian-language
document. Neither BISNIS nor the U.S.
Department of Commerce shall be held responsible for any discrepancies between
the original document and this translation.
MANDATORY
CERTIFICATION OF COMMUNICATION DEVICES IN RUSSIA
RUSSIAN GOVERNMENT DECREE 214 OF
APRIL 13, 2005
According to clauses
41, 42 and 43 of the Federal Law, On
Communications, the RF Government hereby decrees:
1. To approve the
Rules of Organizing and Conducting Works on Mandatory Certification of
Communication Devices.
2. To establish that prior to the coming into force of a technical
regulation and normative legal acts of the RF Ministry for Information
Technologies and Communication on issues of using communication devices, the
mandatory certification of communication devices shall be carried out in
conformity to the requirements established by both the RF normative legal acts
approved till July 1, 2003, and the normative legal acts of the federal bodies
of executive power in the field of communications approved till January 1,
2004.
M. Fradkov, Prime Minister RF
Government
APPROVED
BY RF Government Decree
214 of April 13, 2005
RULES
ORGANIZING AND CONDUCTING WORKS ON MANDATORY CERTIFICATION OF
COMMUNICATION DEVICES
1. The present rules
set up the order of the mandatory certification of the communication devices
used in a general-purpose communication network, as well as in technological
communication networks and special-purpose communication networks in the case
of their connection to a general-purpose communication network (further -
communication devices).
The communication
devices used both in technological communication networks and special-purpose
communication networks are subject to mandatory certification regarding their
connection to a general-purpose communication network.
2. In the present rules there are used the following terms:
Mandatory certification of communication
devices - documentary certification of a communication device’s conformity
to both a technical regulation, approved under the RF legislation on technical
regulation, and the requirements stipulated by RF Ministry of Information
Technologies and Communications normative legal acts on communication devices’
application (further - established requirements), by the way of their mandatory
certification or declaring conformity;
Declarant - a legal entity or
individual entrepreneur who, according to the present rules, have accepted and
registered, with the Federal Communications Agency, the declaration of
conformity;
Certificate of conformity holder - a
legal entity or individual entrepreneur whom the certificate of conformity was
issued to in a prescribed manner;
Applicant - a legal entity or individual
entrepreneur who filed an application for the mandatory certification of a
communication device.
3.
The communication devices which were not included on the list of the
communication devices, subject to mandatory certification, are subject to
declaring conformity.
Declaring
conformity shall be carried out by acceptance by the applicant of the
declaration of conformity on the basis of his/her own evidence and that
received with participation of an accredited test laboratory (center).
4. RF Ministry of Information Technologies and Communications:
Accepts normative legal acts on application of communication devices;
Defines
a procedure of inspection over the observance, by certificates of conformity
holders and declarants, of obligations on maintenance of delivered
communication devices’ conformity to established requirements;
Sets up an order of conducting the registries of certificates of
conformity and declarations of conformity of the certification system in the
field of communications;
Approves a form of the application on mandatory certification of a
communication device;
Adopts, in a prescribed manner, forms of the certificate of conformity
and the declaration of conformity;
Approves test techniques;
Publishes,
in the branch’s printed editions, a list of established requirements used at
certification.
5.
Federal Supervisory Service in Communications:
Carries out
inspection over the observance, by certificates of conformity holders and
declarants, of obligations on maintenance of delivered communication devices’
conformity to established requirements during the action of certificates of
conformity and declarations of conformity;
Issues prescriptions, to the holder of the certificate of conformity or
declarant, to eliminate, in time not exceeding 90 days, the revealed
nonconformity;
Informs the certification body, which has issued the certificate of
conformity, and the Federal Communications Agency on non-fulfillment, by the
certificate of conformity holder or declarant, of prescriptions about
elimination of the revealed nonconformity.
6.
Federal Communications Agency:
Organizes the
certification system in the field of communications, which includes certification bodies and testing
laboratories (centers) irrespective of their organizational-legal shapes and
patterns of ownership;
Registers
the declaration of conformity within 3 days from the date of its reception and
informs on it the applicant at declaring conformity;
Issues to the declarant the registered declaration of conformity of a
communication device to established requirements after reception of the
document on payment of state levies for registering the declaration of
conformity;
Stores the second copy of the declaration of conformity, registered in a
prescribed manner, during the period of this declaration’s validity and within
3 years from the date of expiration of its validity;
Refuses to
register the declaration of conformity in the case of its inadequate
formalization or impossibility to identify a declared communication device under
its description, and directs a notice on refusal in registering the declaration
with the indication of a reason of refusal, within 10 days from the moment of
acceptance of such a decision;
Annuls
registration of the declaration of conformity, if a declarant does not fulfill
a prescription of the Federal Supervisory Service in Communications and does
not submit the document on payment of state levies for registering the
declaration of conformity, within 60 days from the date of registration;
Carries out the inventory of certificates of conformity forms;
Terminates the certificate of conformity issued by a body which have
stopped its certification activity, and in the case the certificate of
conformity holder does not fulfill a prescription of the Federal Supervisory
Service in Communications;
Conducts registries of
certificates of conformity and declarations of conformity of the certification
system in the field of communication and publishes, in the branch’s printed
editions, the information on registering certificates of conformity and declarations
of conformity with the specified registries or about their exclusion from these
registries;
Considers complaints of applicants to wrongful actions of certification
bodies and testing laboratories (centers).
7. Certification body:
Carries out reception and consideration of applications on mandatory
certification, in a time not exceeding 30 days from the date of their
reception, and informs the applicant on the made decision;
Conducts identification of the communication devices submitted for
mandatory certification and chooses established requirements in conformity to
which it is necessary to carry out mandatory certification of these
communication devices;
Concludes
contracts with applicants on mandatory certification of communication devices,
which shall include the data on the name, composition and quantity of the
communication devices represented for certification, and the time period of
testing;
Signs
contracts on testing communication devices with testing laboratories (centers);
Carries out sampling
for testing;
Makes decisions, under results of testing communication devices, on
issuance of certificates of conformity or motivated refusal in their issuance;
Issues certificates of conformity and conducts a registry of the
certificates of conformity issued by it;
Transfers the certified copies of formalized certificates of conformity
to the Federal Communications Agency for their registration with the registry
of certificates of conformity of the certification system in the field of
communication;
Directs the information,
to the Federal Supervisory Service in Communications, on the communication
devices which haves not passed mandatory certification;
Carries
out inspection control over certified communication devices, if it is
stipulated by the scheme of mandatory certification;
Approves
programs on checking a manufacturer’s ability to produce, during the time
period of the certificate of conformity validity, the communication devices
meeting the established requirements;
Terminates the certificates of conformity, issued by it, in the cases
stipulated by the RF legislation;
Grants the information, within the limits of its competence, under the
inquiries of state bodies, in the cases established by the RF legislation;
Gives the information to applicants on the order of mandatory
certification.
8.
Testing laboratory (center):
Carries out certification tests of
communication devices’ samples on the basis of contracts with certification
bodies;
Makes
out reports under results of certification tests of communication devices and
submits them to the certification body with which the contract has been made;
At
declaring concludes with applicants contracts on testing communication devices;
Makes out
reports under results of testing communication devices and directs them to the
applicant with whom the contract has been made.
9. At mandatory
certification, as applicants there can be a seller, manufacturer or a legal
entity or individual entrepreneur, registered according to the RF legislation on
its territory, ensuring, on the basis of the contract with the manufacturer,
the delivered communication devices’ conformity to established requirements.
At declaring conformity of communication devices by the applicant, there
can be a legal entity or individual entrepreneur registered according to the RF
legislation on its territory, being either the manufacturer or ensuring, on the
basis of the contract with the manufacturer, the delivered communication
devices’ conformity to established requirements.
10. At declaring
conformity, Applicant:
Chooses the
established requirements which his/her communication devices conform to;
Concludes, with a testing laboratory (center), a contract on testing;
Submits to the testing laboratory (center) the samples of declared
devices, their description in Russian;
Directs for registration with the Federal Communications Agency the 2
copies of the declaration of conformity;
Pays state levies for registration, carried out by the Federal
Communications Agency, in a time not exceeding 60 days from the date of
registering the declaration of conformity;
Files, if necessary, complaints to the Federal Communications Agency on
wrongful actions of testing laboratories (centers).
11. The declaration of conformity shall be made out in Russian and
contain:
The name and location of the communication device’s applicant and
manufacturer;
The communication device’s description in Russian;
Written
acknowledgement that the communication device, at its use according to a
special-purpose designation and acceptance by the applicant of measures on
maintenance of the communication device’s conformity to established
requirements, does not render a destabilizing influence on the integrity,
stability of functioning and safety of the RF uniform telecommunications
network;
Data
on the studies (tests), fulfilled in a prescribed manner, as well as on the
documents on the basis of which the communication device’s conformity has been
attested;
The time period of the declaration of conformity validity.
12.
The evidentiary materials shall include the results, made out as reports, of
own tests and the tests which have been conducted at an accredited testing
laboratory (center), in the volume determined by established requirements.
13. Declarant:
Provides
conformity to established requirements of the communication devices with
registered declarations of conformity;
Releases
the communication devices, subject to declaring of conformity, in circulation
after registering the declaration of conformity;
Specifies,
in the passport and accompanying engineering documentation on the communication
device, the data on the registered declaration which conforms this
communication device’s compliance with established requirements;
Stops
realization of a communication devices if validity of the declaration of
conformity has expired or registration of the declaration of conformity is
cancelled;
Suspends a sale of communication devices, having declarations of conformity, if
there have been revealed these communication devices’ nonconformity to established requirements;
Stores a copy
of the declaration of conformity, registered in a prescribed manner, and
evidentiary materials during the time period of this declaration’s validity and
within 3 years from the date of expiration of its validity.
14.
In the case of liquidation, reorganization of a legal entity-declarant or
cancellation of the certificate on state registration of a citizen-declarant as
individual entrepreneur, the declaration of conformity, registered in a
prescribed manner, is valid for the communication devices produced and marked
earlier in their delivery (sale) during the working (service) life established
according to the RF legislation.
15. At carrying mandatory certification, Applicant:
Files
an application to the certification body, which area of accreditation covers
the communication devices which the applicant intends to certify, for the
communication devices’ mandatory certification and their description in
Russian, containing the technical parameters allowing to identify a
communication device and to assess a communication device’s conformity to
established requirements, as well as, if necessary, submits additional
information to the certification body;
Concludes, with a certification body, a contract on mandatory certification;
Submits to a certification body the manufacturer’s document confirming
the fact of manufacture by him/her the communication device, declared for
mandatory certification (in the case the applicant is the seller);
Chooses the scheme of mandatory certification;
Gives certification body an opportunity to sampling for testing;
Provides
the certification body’s representatives unfettered performance of their
powers;
If
necessary, files complaints with the Federal Communications Agency on wrongful
actions of certification bodies.
16.
The communication device’s description shall contain:
The communication device’s name, purpose, completeness and its
functions;
The version of software (at availability);
Electric (optical) characteristics;
Characteristics
of radio emission (for radio-electronic communication devices);
Conditions
of application in a general-purpose communication network;
Capacity
of a switching field (for communication devices which are carrying out
functions of switching systems);
Schemes of connection
to a general-purpose communication network with the indication of interfaces,
signal system reports;
Data on presence
(absence) of built-in means of cryptography (enciphering), receivers of global
satellite positioning systems;
Conditions of operation,
including climatic and mechanical requirements, ways of accommodation, types of
power supplies.
17. At mandatory
certification of communication devices, there are used the following schemes of certification:
Scheme 1 – it is used at
certification of communication devices under the seller’s application and
provides certification tests of the samples taken at the seller, and inspection
checks of the certified communication devices during the time period of the certificate of conformity validity. The
certificate of conformity is issued for the period of 1 year;
Scheme 2 - it is used at certification of communication devices under
the manufacturer’s application and provides certification tests of the samples
taken at the manufacturer, and inspection checks of the certified communication
devices during the time period of the
certificate of conformity validity. The certificate of conformity is issued for
the period of 1 year;
Scheme 3 – it is used at certification of communication devices under
the manufacturer’s application and provides certification tests of the samples
taken at the manufacturer, and check of the manufacturer’s ability to produce
the communication devices meeting established requirements during the time
period of the certificate of conformity
validity. Inspection checks of certified communication devices are to be
carried out during all the time period of the certificate of conformity
validity. The certificate of conformity is issued for the period of 3 years;
Scheme 4 – it is used at certification of a lot of communication devices
under the application of the manufacturer or seller and provides certification
tests of the samples taken from this lot. The certificate of conformity is to
be made out with the indication of identification attributes of the lot’s
communication devices, and issued for the period of 3 years.
18. Mandatory certification of communication devices shall be carried
out within 3 months from the date of the conclusion of the contract on
mandatory certification. In certifying a complex communications equipment, the
time period can be increased to 6 months.
19.
Connection of communication devices to a general-purpose communication network
for certification tests is allowed with a written approval of the communications
operator, which communication network is intended to use for testing.
20. Testing laboratories (centers) shall inspect the manufacturer’s
ability to produce, during the time period of the certificate of conformity
validity, the communication devices meeting established requirements, if it is
stipulated by the scheme of certification, under the program confirmed by the certification
body.
21. After reception of documentary made out results of certification
tests, the certification body, in a time no more than 30 days, makes a decision
on issuance or a motivated refusal in issuance of the certificate of
conformity.
22. At the positive decision,
the certification body makes out the certificate of conformity and submits a
certified copy of the certificate to the Federal Communication Agency for
registration with the registry of certificates of conformity of the certification
system in the field of communications.
23. Within 10 days, the Federal Communication Agency shall register the
certificate of conformity with the registry of certificates of conformity of
the certification system in the field of communication and inform in writing on
it the certification body or submit a motivated refusal in registration to the
certification body.
24. Within 10 days after reception of the Federal Communication Agency’s
notice in writing on registration of the certificate of conformity, the
certification body shall issue it to its applicant.
25. Action of the certificate of conformity begins from the date of its
registration with the registry of certificates of conformity of the
certification system in the field of communications.
26. The
certificate of conformity holder:
Provides conformity to established requirements of communication devices
with registered certificates of
conformity;
Specifies, in the passport and accompanying engineering documentation of
a communication device subject to mandatory certification, data on the
certificate of conformity;
Provides unfettered
performance of their powers by representatives of the certification body and
the persons who are carrying out inspection checks;
Stops
a sale of communication devices if the certificate of conformity validity has
expired or the certificate of conformity action has been stopped.
27. The certification body carries out inspection checks of certified
communication devices if it is stipulated by the scheme of certification.
28. Inspection checks are carried out not less often than once in a
year. The periodicity, terms and volume of inspection checks are defined by the
program agreed upon by the certification body and the certificate of conformity
holder.
29.
Under results of inspection checks, the certification body makes out a
conclusion about a communication device’s conformity or nonconformity to
established requirements and informs on it the certificate of conformity
holder.
30. The certification body terminates the certificate of conformity
validity, if the communication devices does not meet established requirements
or the certificate of conformity holder has violated the present rules.
31. The certification body
terminates its certificates of conformity validity within 30 days after
reception of a Federal Supervisory Service in Communications’ notice and
notifies on it in writing in the 3-day's term the Federal Communications
Agency.
32. The Federal Supervisory Service in Communications has the right to
address in court with an application for a mandatory recall of a communication
device, if the certification body does not cancel the certificate of conformity
within 30 days after reception of the notice.
33.
At revealing, as a result of inspection checks, that a communication device
does not meet established requirements, the certification body terminates the
certificate of conformity and in the 3-day's term informs on it the certificate
of conformity holder, as well as submits data on cancellation of the
certificate of conformity to the Federal Communications Agency.
34.
Within 10 days after reception of the certification body’s address in written
on cancellation of the certificate of conformity, the Federal Communications
Agency excludes the certificate of conformity from the registry of certificates
of conformity of the certification system in the field of communication and
publishes the information on it in the branch’s printed editions.
35.
The certificate of conformity holder or declarant shall specify, in the
communication device’s passport and accompanying engineering documentation, the
data on the registered declarations of conformity or certificates of conformity
conforming that the certificate’s holder or declarant guarantees the
communication device’s conformity to established requirements.
36.
The communication device, purchased during the declaration’s or certificate of
conformity action, can be used in all the territory of the Russian Federation
during all the working (service) life of the communication device according to
its scope of application.
Moscow
April 15, 2005
No. 0575