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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 09:43
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Chapter Law Content

Chapter III Use of Label and Market Management
Article 16
The compliance label and DoC label shall be owned by those that have been issued the approval certificate.
Those that have been issued the type approval certificate or DoC certificate may license others to use the compliance approval label or DoC label on the CTRFD or non-plug-and-play radio-frequency module(component)of the same brand and model number.
The compliance approval label or DoC label licensed to others as mentioned in the preceding paragraph shall be registered by the one to whom the certificate has been issued with the website specified by the competent authority, or such registration may be delegated to the original certification body.
For the registration delegated to the original certification body as mentioned in the preceding paragraph, such registration shall be assumed by the competent authority or a certification body appointed by the competent authority, in case that the original certification body ceases to provide such registration services, either temporarily or permanently.
In the case where those that have been licensed for the use of compliance approval label or DoC label by those that have been issued an approval certificate for a CTRFD and applied for the exemption of re-exporting according to the applicable administrative regulations for CTRFD manufacturing, importing and reporting, or reports to the competent authority for supervision on destruction, the document issued by said person with the approval certificate for the licensing of the use of compliance approval label or DoC label may be provided instead.
Article 17
Regarding a complete final product assembled using a complete RF module(component)and issued with a compliance approval, those that have been issued an approval certificate for the complete RF module(component)shall submit the brand, model number and electronic files of appearance photographs to the original certification body for registration prior to complete product being sold.
In the case where those that have been issued an approval certificate for a complete RF module(component)permits others for the use of the compliance approval label, those that have been issued the approval certificate for the complete RF module(component)shall provide an electronic file that contains the brand, model number and appearance photographs of the complete final product to the original certification body for registration after the complete final product has been assembled with the complete RF module(component).
For the application for registration to the original certification body as mentioned in the preceding two paragraphs, 4×6” color photographs of the complete final product assembled with the complete RF module(component)showing at least two sides of the product and its interior and circuit board with scale shall be provided. The major elements on the circuit board shall be clearly identifiable.
For the registration mentioned in Paragraphs 1 and 2 above, such registration shall be assumed by the competent authority or a certification body appointed by the competent authority, in case the original certification body ceases to provide such registration services momentarily or permanently.
For products that are not processed according to Paragraphs 1 through 3, the competent authority may request corrective action to be undertaken within a prescribed period of time and temporary termination of sales. Sales shall not resume until the correction has been confirmed.
Article 18
A CTRFD that has been issued compliance approval certificate and for which the use of compliance approval label or DoC label is licensed shall not be sold until the following process has been followed:
1. The compliance approval label or DoC label and model number are indicated on the body where it is clearly visible, and the logo of the competent authority on the packaging. For final products, the compliance approval label of non-plug-and-play radio-frequency module(component)and the model number of final product shall be indicated on the body where it is highly visible, and the mark of the competent authority on the package box.
2. Warning(s)in traditional Chinese shall be indicated at the location specified by the competent authority in the applicable technical specifications.
For difficulty of indicating labels, model number or warnings in traditional Chinese mentioned in the preceding paragraph, the indication shall be done as approved by the competent authority, provided that the approval of the competent authority has been obtained.
For CTRFDs that are equipped with a built-in screen or are required to connect to a screen for operations, the label, model number or warnings in traditional Chinese may be replaced with display on screen and the operating instructions shall be provided on package box, or in user’s manual or instructions.
For those that are not processed according to the three preceding paragraphs, the competent authority or the original certification body may request for an explanation and corrective action to be undertaken within a prescribed period of time and temporary termination of sales. Sales shall not resume until the correction has been confirmed.
For CTRFDs that are for private use and have been approved, the applicant shall attach the compliance approval label on the device body where it is clearly visible; failure to do so shall result in the competent authority informing the applicant to undertake corrective action within a prescribed period of time. The device shall not be used until the correction has been confirmed.
Article 19
For the sales of CTRFDs over the internet, the model number and information of compliance approval label or DoC label shall be provided on the webpage. Only for final product, however, the model number and the information of compliance approval label of the non-plug-and-play radio-frequency module(component)assembled may be provided.
For failure of indication as mentioned in the preceding paragraph, the competent authority may request for correction action to be undertaken within a prescribed period and momentarily termination of sales. The sale shall not assume until the correction has been confirmed.
Article 20
Regarding a lost or damaged certificate or change of information in the certificate, an application for renewal / replacement may be submitted to the original certification body for application of renewal / replacement.
For the change of information in an approval certificate, an application for replacement may be submitted to the original certification body in one of the following circumstances:
1. Change of manufacturer;
2. Change of applicant’s name or address;
3. Continued use of original compliance approval certificate by the surviving or new company after the applicant applies to the competent authority due to a merger, acquisition, spin-off of the original company, which shall be approved by the competent authority.
For the application for replacement according to the preceding paragraph, the following documents shall be provided:
1. For Subparagraph 1 of the preceding paragraph: application for renewal / replacement, document proving the delegated production of device and the statement that the device complies with the applicable technical specifications;
2. For Subparagraph 2 of the preceding paragraph: application for renewal / replacement, document of personal identification for natural person and document proving the establishment for juristic person, non-juristic person group or foreign manufacturer.
3. For Subparagraph 3 of the preceding paragraph: application for renewal / replacement, company or business registration document and the letter of approval issued by the competent authority.
Article 21
A certification body may perform an inspection on a CTRFD or non-plug-and-play radio-frequency module(component)for which the compliance approval certificate has been issued.
The competent authority may instruct a certification body to perform an inspection of a specific CTRFD or non-plug-and-play radio-frequency module(component).
Regarding the sampling inspection mentioned in the two preceding paragraphs, the competent authority may specify the item(s)of inspection.
When a certification body is performing an inspection on a CTRFD or non-plug-and-play radio-frequency module(component), the sample shall be purchased from the market and proof of purchase may be provided to those that have been issued the approval certificate for reimbursement of the purchase cost. Those that have been issued the certificate shall not refuse such as reimbursement request. In the case where it is impossible to acquire a sample from market, those that have been issued the certificate may be requested to provide the required sample(s)at his own cost.
In the case where the inspection performed by a certification body specified in Paragraph 1 or 2 above requires the associated external power supply, accessory, external antenna, examination report, test report, test fixture that complies with the examination or test report, the test software of the same version as in the examination or test report or any relevant approval material, those that have been issued the certificate shall provide his assistance or the item(s)required at his own cost.
The CTRFD, non-plug-and-play radio-frequency module(component), external power supply, accessory, external antenna, test fixture and/or test software mentioned in the two preceding paragraphs may be returned to those who have been issued the certificate after the certification body has finished the test.
A report that a CTRFD or non-plug-and-play radio-frequency module(component)that has been issued an approval certificate does not meet these Regulations shall be submitted with an examination report. Failure to provide such an examination report shall result in the rejection of the report.
The CTRFD or non-plug-and-play radio-frequency module(component)that has been issued an approval certificate and the external power supply, accessory or external antenna sold together shall be the same as those specified in the approval certificate.
Regarding a CTRFD or non-plug-and-play radio-frequency module(component)that has been issued an approval certificate and the external power supply, accessory or external antenna sold together, those that have been issued the certificate shall be responsible for the compliance with the applicable technical specifications for CTRFD.
In the case where the discovery that CTRFD, non-plug-and-play radio-frequency module(component), external power supply, accessory, external antenna, data or electronic file submitted by those that have been issued an approval certificate is missing or incorrect, the original certification body shall inform those that have been issued the approval certificate for corrective action to be undertaken within a prescribed period.
The contents of the inspection report shall be consistent with the items in the inspection report specified in the Regulations Governing Testing Bodies and Regulatory Certification Bodies for Controlled Telecommunications Radio-Frequency Devices.
Article 22
In case that the CTRFD, non-plug-and-play radio-frequency module(component)external power supply, accessory, external antenna, data or electronic file submitted by those that have been issued the approval certificate for the application for approval was falsified or deliberately misleading, the approval certificate of the competent authority or original certification body shall be revoked.
In the case where any of the following circumstances occurs to those that have been issued an approval certificate, the competent authority or original certification body may revoke the approval certificate:
1. An inspection reveals incompliance with the applicable technical specifications for CTRFD;
2. Separate applications for approval were not proposed for restricted final products assembled with the same restricted RF module(component)and different platforms as required;
3. A new application for approval was not proposed for the change of brand, model number, hardware, appearance, material, way of power supply, accessory or antenna of a CTRFD or non-plug-and-play radio-frequency module(component)as required;
4. A new application for approval was not proposed as required after amendment of applicable technical specifications;
5. The CTRFD or non-plug-and-play radio-frequency module(component), external power supply, accessory, external antenna, test fixture that complies with the examination or test report and the test software of the same version as in the examination or test report was not kept as required;
6. Failure to reimburse the certification body for the purchase of CTRFD or non-plug-and-play radio-frequency module(component), or refusal to assist in or provide such device, external power supply, accessory, external antenna, test fixture that complies with the examination or test report and the test software of the same version as in the examination or test report for the purpose of sampling inspection;
7. Failure to correct the missing or incorrect CTRFD, non-plug-and-play radio-frequency module(component), external power supply, accessory, external antenna, data or electronic file provided for the application for approval;
8. Prohibition to sell a CTRFD or non-plug-and-play radio-frequency module(component)that has been approved due to a dispute over authority of agency, patent or copyright which has been decided by the court of law against seller;
9. Failure to recall, retrieve or destroy a piece of mobile telecommunications terminal equipment that has been determined to present significant harm to general consumers and has been required for recall, retrieval or destruction by a given deadline.
In the case where any of the following circumstances occurs to those that have been issued an approval certificate, the competent authority or original certification body may request for corrective action to be undertaken within a prescribed period of time; failure to do so shall result in the approval certificate by the competent authority or original certification body being revoked:
1. A new application for approval was not proposed for change of modulation technique, or reduction of transmission power, frequency range, bandwidth or number of channels only with firmware or software and a sampling inspection has proven the compliance with the application technical specifications for CTRFD;
2. A new application for approval was not proposed for change of appearance, color, material, external power supply or accessory and a sampling inspection has proven the compliance with the application technical specifications for CTRFD;
3. An application for replacement of approval certificate was not proposed to the original certification body for only the change of external power supply without compromising any RF functions that has been confirmed by the original certification body;
4. The complete final product was not registered;
5. The mark of the competent authority, compliance approval label, DoC label or model number was not indicated as required;
6. The warnings in traditional Chinese were not indicated on the specified location as required;
7. The advertised contents of approval go beyond the scope of statement on the approval certificate;
8. Violation of any item specified in the affidavit;
9. The body of CTRFD or non-plug-and-play radio-frequency module(component), manual, package box, built-in firmware or display on software screen compromises national dignity.
Those that have been issued an approval certificate may apply for the cancellation of the approval certificate to the competent authority or original certification body. The application for cancellation, however, shall be rejected while the certification body is performing an inspection on the CTRFD or non-plug-and-play radio-frequency module(component)or a sampling inspection proves incompliance with applicable requirements.
Article 23
Regarding an approval certificate which has been withdrawn or revoked, those that have been issued the certificate shall not apply for a new approval for the same CTRFD or non-plug-and-play radio-frequency module(component)to a certification body within three months starting from the day of withdrawal or revocation; the competent authority may announce those that have been issued the approval certificate and the reason(s)of withdrawal or revocation.
On the withdrawal or revocation of approval certificate, those that have been issued the certificate and those that have been licensed for the use of compliance approval label of DoC label shall recover the CTRFDs or non-plug-and-play radio-frequency modules(components)that have been sold by the deadline specified by the competent authority, shall be responsible for compensation for damage to the interests of others, if any.
For failure of recovery as specified in the preceding paragraph or inappropriate recovery, those that have been issued the approval certificate shall be forbidden from submitting an application for the approval of the same CTRFD or non-plug-and-play radio-frequency module(component)to a certification body for six(6)months starting from the day of receiving a notice from the competent authority.
For the withdrawal or revocation of a compliance approval certificate, the examination or test report submitted for the application shall cease to be effective on the day of withdrawal or revocation.
Article 24
Regarding an occurrence of combustion, explosion, melting or other major hazard to general consumers in a piece of mobile telecommunications terminal equipment, those that have been issued an compliance approval certificate shall provide the competent authority the following information:
1. Name, brand, model number, serial number and place of origin of the mobile telecommunications terminal equipment in question, the date that the major hazard occurred, description and possible cause of the event;
2. Corrective measures to be taken, warning to alert the general consumers and its description;
3. Action of recall if necessary or the reason that recall is not necessary.
In the case where the competent authority performs an investigation of the hazard to general consumers as mentioned in the preceding paragraph and believes that a test is necessary, a consumer protection group, occupational group, testing body, test laboratory or any other governmental or private institute or group that is related to the test items to be performed may be delegated to conduct the test; those that have issued the approval certificate may be asked to present statements prior to the conclusion of the investigation report.
In the case where the investigation indicates that the said mobile telecommunications terminal equipment poses a major hazard to the safety of general consumers, the competent authority may instruct those that have been issued the approval certificate, those that have been licensed for the use of compliance approval label and those that sell the specific product to recall, recover or destroy the product.
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