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Article 1
The Regulations are promulgated pursuant to Paragraph 4 of Article 22 of Cable Radio and Television Act.
Article 2
Cable Radio and Television Terminal Equipment Certification Bodies (hereinafter referred to as Certification Bodies) refer to institutions commissioned by the central competent authority to conduct compliance approval of cable radio and television terminal equipment (hereinafter terminal equipment).
Certification items for above-mentioned terminal equipment shall refer to those announced by the central competent authority.
Article 3
An applicant to become qualified as a certification body (hereinafter the Applicant) shall be:
1. Domestic legal entity or institution established in accordance with laws.
2. Does not engage in the import, design, production or trading of certification items related to terminal equipment described in the preceding Paragraph or in the cable radio and television terminal equipment services.
3. Testing laboratory accredited by domestic laboratory accreditation bodies (hereinafter referred to the Laboratory Accreditation Bodies) recognized by the central competent authority.
4. One or more than one full-time professional certification personnel shall be established in each item of terminal testing equipment activity as prescribed in the preceding Paragraph.
The certification personnel as described in the preceding Paragraph (Paragraph 4) shall possess a college-above degree in telecommunications engineering, electronics engineering, electrical engineering or other related engineering fields from a domestic or foreign public or private college or university recognized by the Ministry of Education, have the professional telecommunications and broadcasting knowledge and ability, and understand relevant government regulations and certification requirements. The said personnel shall not concurrently engage in certification works of testing laboratory as prescribed in Paragraph 1 of Article 9 of Compliance Approval Regulations of Cable Radio and Television Terminal Equipment.
Article 4
The Applicant shall apply to the central competent authority by submitting the following documents (please refer to Appendix I for the application procedures):
1. Application for Terminal Equipment Certification Bodies (as attached Table).
2. Photocopy of certification document as prescribed in Subparagraph 1 of Paragraph 1 of the preceding Article.
3. Photocopy of accreditation certificate of the Applicant ’ s laboratory as prescribed in Subparagraph 3 of Paragraph 1 of the preceding Article.
4. Basic information of certification personnel of the Applicant ’ s certification department that shows the personnel ’ s qualifications as prescribed in Paragraph 2 of the preceding Article.
5. Organizational chart and function introduction of the Applicant’s certification department.
6. Quality manual of the Applicant’s certification department.
7. A summary of quality documents of the Applicant’s certification department.
8. Compliance approval procedures of terminal equipment of the certification item.
9. Other documents requested by the central competent authority or related to the Applicant’s qualifications.
Where the Applicant fails to provide all of above-mentioned documents or the content of provided document is incomplete, corrections shall be made within the period prescribed by the central competent authority. If the submitted documents remain incomplete or insufficient, the application will be rejected.
The period as described in the preceding Paragraph shall not be longer than one month.
Article 5
Where all documents submitted by the Applicant according to the preceding Paragraph are approved, the central competent authority will conduct a field evaluation.
The said evaluation shall be conducted according to the following terms and conditions, and an evaluation report shall be provided accordingly:
1. The product certification system shall comply with the ISO/IEC 17065 standards.
2. Terminal equipment related technical standards or national standards announced by the central competent authority.
3. Other matters requested by the central competent authority or related to the evaluation.
Where the evaluation results indicate any non-conformity to the preceding Paragraph, the central competent authority shall list all of them and notify the Applicant to make corrections accordingly. The Applicant shall make corrections and submit an improvement report within the prescribed period. If not, the application will be rejected.
The period as prescribed in the preceding Paragraph shall not exceed three months.
Article 6
The Applicant shall conduct terminal equipment compliance approval works only after it passes the evaluation conducted by the central competent authority, signs the Terminal Equipment Compliance Approval Outsourcing Agreement (hereinafter Compliance Approval Outsourcing Agreement), and acquires the Terminal Equipment Certification Body Accreditation Certificate (hereinafter Accreditation Certificate, as shown in Appendix II) issued by the central competent authority.
Article 7
Certification Bodies must not reject or make discrimination on any of terminal equipment compliance approval applications (hereinafter referred to as compliance approval applications) without any justifiable reason, and shall carry out compliance approval works in the name of Certification Body.
Article 8
Certification Bodies and their certification personnel must not counsel companies or engage in works related to technical characteristics of terminal equipment.
Article 9
Certification Bodies that desire to add terminal equipment certification item shall submit the application according to Article 4 and apply for reissuing the accreditation certificate. The validity of reissued accreditation certificate shall be identical with the original one.
Upon acceptance of above-mentioned application, the central competent authority shall conduct field evaluation according to Article 5.
Except for additional certification item as described in Paragraph 1, any change to the content of accreditation certificate shall be reported to the central competent authority with the accreditation certificate for reissue. The said report shall be made within 15 days after the change and the validity of reissued accreditation certificate shall be identical with the original one.
Where there is any change to the number of certification personnel, the Certification Body shall report it to the central competent authority with information of the personnel within 15 days after the change.
The central competent authority may order the Certification Body to suspend compliance approval activities of specific certification item when the position of the certification personnel is vacant and leads to non-conformities as described in Subparagraph 4 of Paragraph 1 of Article 3. The Certification Body shall apply to the central competent authority for resuming the conduction of certification by submitting the basic information of the certification personnel after above-mentioned vacancy has been filled.
Where the laboratory accreditation body confirms that the Certification Body ’ s laboratory shall suspend its operations, the Certification Body shall suspend compliance approval activities of specific certification item and report it to the central competent authority within ten days after the suspension. Upon receipt of the laboratory accreditation body ’ s confirmation of resuming the said activities, the Certification Body is then allowed to conduct compliance approval activities and report it to the central competent agency for reference.
Article 10
Certification Bodies shall conduct the issuance, renewal, reissue, revocation or annulment of terminal equipment approval certificate (hereinafter approval certificate), and review applications of amendment to the appearance of approved terminal equipment according to Compliance Approval Regulations of Cable Radio and Television Terminal Equipment. All information of each compliance approval application shall be reported to the central competent agency within 10 days after the completion of the said work for reference.
The Certification Body shall sample terminal equipment whose compliance approval was completed by it according to Paragraph 1 of Article 16 of Compliance Approval Regulations of Cable Radio and Television Terminal Equipment at any time. The Certification Body shall sample at least one terminal equipment every year and the number of sampled equipment shall not be less than 5 percent of the total of passed compliance approval applications. The central competent agency shall instruct the Certification Body to sample specific terminal equipment when necessary. The Certification Body shall report results of all sampling cases to the central competent authority within two months after the sampling day.
Article 11
The central competent agency may appoint personnel to the certification body for irregular inspections and the Certification Body must not refuse it.
Article 12
The duration of Compliance Approval Outsourcing Agreement shall be three years.
The Certification Body may apply for agreement renewal within two months starting from three months prior to the expiry of the Compliance Approval Outsourcing Agreement. The central competent authority Amy conduct approval and evaluation according to Article 4 and 5 depending on circumstances.
Within one month prior to the expiry of the Compliance Approval Outsourcing Agreement, the central competent agency shall notify the Certification Body not to accept compliance approval applications. The certification institution shall complete all accepted compliance approval applications within one month after the notification day.
Article 13
Where the Certification Body is in any of the following circumstances, the central competent authority may terminate the Compliance Approval Outsourcing Agreement, request it to return the accreditation certificate and annul its accreditation certificate:
1. Failure to comply with terms and conditions of Paragraph 1 of Article 3.
2. Violation of Article 8, 9, 10 or 15.
3. Where the Certification Body performs compliance approval activities beyond the scope of authority as prescribed in the Compliance Approval Outsourcing Agreement or shows tardiness to perform the said activities.
4. Where the Certification Body refuses irregular inspections conducted by central competent authority without any justifiable reason.
5. Violation of Cable Radio and Television Act, Administrative Procedure Act, Compliance Approval Regulations of Cable Radio and Television Terminal Equipment or the Regulations.
6. Where the Certification Body rejects or makes discrimination on accepted compliance approval applications without any justifiable reason.
7. Where the approval certificate issued by the Certification Body contains false or incorrect information.
Where circumstances described in Article 1 to 4 occur, the central competent authority may request the Certification Body to make corrections within a prescribed deadline. Those who fail to make corrections within the prescribed deadline will be handled according to the preceding Article.
Article 14
Where the Compliance Approval Outsourcing Agreement is terminated due to circumstances described in the preceding Article, the Certification Body shall pass uncompleted compliance approval applications to another Certification Body designated by the central competent authority.
The Certification Body shall transfer all information related to completed compliance approval applications to the central competent authority within 7 days after the contractual relationship has ended.
Certification Body that has the Compliance Approval Outsourcing Agreement terminated due to circumstances described in the preceding Article must not become a Certification Body within one year after the termination of the said agreement.
Article 15
Upon receipt of the accreditation certificate as described in Article 6, the Certification Body shall establish an internet application system within one year to accept applications for terminal equipment type certification and DoC.
Article 16
When handling compliance approval applications, the Certification Body shall charge compliance approval fees according to charging standards set by the central competent authority, and transfer the entire amount to national treasury the next day. The central competent authority will pay the outsourcing fee to the Certification Body according to the Compliance Approval Outsourcing Agreement.
Article 17
These Regulations shall take effect upon the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China