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