The Brazilian process for certification and the implementation of CITEL Mutual Recognition Agreements

The Brazilian process of certification is defined by the regulations of Anatel. The Regulation approved by Resolution 242 establishes the general rules and procedures related to the certification and authorization of telecommunications products, including:

I – the assessment of the conformity of telecommunications products with the technical regulations issued or adopted by Anatel; and

II – the requirements concerning the authorization of telecommunications products herein prescribed.

The following general principles shall govern the procedures used in the certification and authorization of telecommunications products:

I – assure that the products commercialized or used in the Country are in conformity with the Regulations issued or the rules adopted by Anatel;

II – assure that the suppliers of telecommunications products fulfill the minimum quality requirements established for their products;

III – assure that the telecommunications products commercialized in the Country, particularly those offered directly to the public through commercial establishments, meet minimum quality standards and are adequately adapted to the services for which they are intended;

IV – assure fulfillment of the requirements pertaining to safety and environmental protection;

V – facilitate Brazil’s inclusion in international mutual recognition agreements;

VI – promote the equitable treatment of all parties having an interest in the certification and authorization of telecommunications products; and

VII – ensure the confidential treatment of the particular technical information made available, by order of this Regulation, by the interested parties that requires such treatment.

2. POLICIES AND LEGISLATIONS REGARDING EMC

The regulation approved by Resolution 237 establishes the requirements of electromagnetic compatibility to be fulfilled by telecommunication products, complementing the specific regulations of these products, for the purpose of Certification at the National Telecommunications Agency – Anatel.

For the purposes of this Regulation, several references are adopted, mainly those issued by IEC, CISPR, and ITU-T. The requirements considered for telecommunication equipments, under specific conditions, consider aspects related to Electromagnetic Disturbance Emission, Immunity to Electromagnetic Disturbances, and Resistibility to Electromagnetic Disturbance. Since 2001 the requirements related to emission, and immunity have been in use of telecommunications products except for those that use the radio-electric spectrum. However, a new version is been prepared to include radio spectrum equipment, computers, and others. With respect the resistibility to electromagnetic disturbance the requirements are only applicable to products which have local energy supply or which are connected to telephone network by means of metal wires or cables.

3. BASIC STRUCTURE OF THE CERTIFICATION PROCESS, AND MUTUAL RECOGNITION AGREEMENTS

The procedures for assessment conformity of telecommunications products are conducting by Anatel, Designated Certification Bodies, and Testing Laboratories.

As an integral component of the conformity assessment system adopted by Anatel, the Agency may sign Mutual Recognition Agreements (MRA) connected with the conformity assessment of telecommunications products for the purpose of extending recognition to certification bodies and testing laboratories.

The implementation of a Mutual Recognition Agreement for telecommunications equipment, along with the utilization of the Inter-American Telecommunication Commission - CITEL Guidelines, will promote rapid and economical access for new telecommunications equipment to the Americas, while assuring continued compliance with national Technical Regulations. This would benefit CITEL Member States' efforts to upgrade national and regional telecommunications infrastructure and services.

The World Trade Organization (WTO) Agreement on Technical Barriers to Trade provides that WTO Members "shall ensure, whenever possible, that results of conformity assessment procedures in other WTO Members are accepted, even when those procedures differ from their own, provided they are satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to their own procedures."

3.1 PURPOSE OF THE AGREEMENT

The Agreement is intended to streamline the conformity assessment procedures for a wide range of telecommunications and telecommunications-related equipment and thereby to facilitate trade among the Parties. It provides for the mutual recognition by the importing Parties of Conformity Assessment Bodies and mutual acceptance of the results of testing and equipment certification undertaken by those bodies in assessing conformity of equipment to the importing Parties’ own Technical Regulations.

4. CONFORMITY ASSESSMENT, PROCEDURES, AND VERIFICATION

The conformity assessment process of a given product in relation to the regulations issued by Anatel or by it adopted constitutes the initial phase of such process and is aimed at obtaining the authorization of such product.

The issuance of an authorization document is required for purposes of the commercialization and use, within the Country, of the products classified under Categories I, II, and III herein described.

For purposes of demonstrating conformity assessment before Anatel, the interested party must, while observing the objectives of the authorization request and the applicable regulations, submit one of the following documents:

I – a Declaration of Conformity;

II–a Declaration of Conformity with an accompanying test report;

III – a Certification of Conformity based on type-approval tests;

IV – a Certification of Conformity based on specific tests and periodic assessments of the product; or

V –a Certification of Conformity with an accompanying quality system assessment.

The Declaration of Conformity is the conformity assessment document applicable to home-made products intended for individual use, which does not grant the right to authorize the commercialization of the product in the Country.

5. REQUIREMENTS FOR THE DESIGNATION AND OBLIGATIONS OF THE CERTIFICATION BODY

The requirements for the designation and obligations of the certification body are the followings:

a) Legal Fitness: Legal fitness shall be demonstrated as set forth in art. 16, indent II, of this Regulation, that is, the Certification Body must demonstrate its status as a legally constituted non-profit juridical person represented by its legal agents in the certification process.

b) Quality System: the quality system must be demonstrated through, at a minimum, the presentation of a Quality Manual and the certification programs to which the designation shall be linked, pursuant to art. 18. It is preferable, although not essential, that the entity have a certification of recognition indicating the existence of a quality management system issued by an Accredited Body on the basis of the guidelines established in the “International Organization for Standardization” – ISO that fulfill, at minimum, the practices described in the Quality, Auditing, and Critical Analysis sections.

c) Technical Capacity: The entity’s technical capacity shall be shown by demonstrating the existence of qualified personnel specialized in the certification of telecommunications products, whether such personnel consists of full-time staff or contracted personnel, in which case the contractual link with such qualified personnel must be demonstrated. The personnel presented must be compatible with the certification as regards their.

1. number;

2. professional qualification;

3. professional experience;

4. impartiality, independence, and objectivity in decision-making;

5. technical capacity.

6. OBLIGATIONS OF THE DESIGNATED CERTIFICATION BODY

The designated body must assume the obligation to abide by the principles and procedures established by Anatel, specifically:

a) The principles that must be complied with are established in art. 2 of this Regulation;

b) For procedural purposes, the certification bodies must:

c) implement procedures in which a step-by-step description of every phase that must be fulfilled in the conformity assessment processes, as well as the associated administrative measures, is set forth;

1. direct the conformity assessment processes in accordance with the provisions established in the certification rules;

2. prepare formal reports and make them available to the interested parties immediately following their completion;

3. provide a detailed presentation in the reports of all the nonconforming items, indicating the discrepancies that were identified;

4. maintain a file of all complaints relative to the certification process, including those entered after issuance of the product certification.

8. CONCLUSIONS

It was presented the process of certification of telecommunication products in Brazil as well as the infrastructure to support the activities related with the process. Among the procedures currently adopted for improving the performance of certification bodies may be highlighted: remote/onsite compliance audits, the preparation for obtaining accreditation from Inmetro, and personnel training to correctly interpret and apply the regulatory instruments. We consider that obtaining favorable results for these actions is indispensable for complying with the MRA conditions with confidence.

For the future it is planned:

• Updates and plans for revisions ( potential changes to the system in 2005 and beyond ):

• A total of 30 regulations that will replace the old standards are expected to be submitted to public consultation and published this year.

• Accreditation of new LABs and OCDs;

• Procedures for post marketing surveillance

• Implementation of mutual recognition agreement - MRA for the Americas (CITEL /OAS), and Mercosul.

Marcos de Souza Oliveira
National Telecommunications Agency
Anatel
E-mail: marcoss@anatel.gov.br