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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 13, 2005 No. 214

About approval of Rules of the organization and work on obligatory confirmation of conformity of means of communication

(as amended on 20-11-2018)

According to Articles 41, 42 and 43 Federal Laws "About Communication" Government of the Russian Federation decide:

1. Approve the enclosed Rules of the organization and work on obligatory confirmation of conformity of means of communication.

2. Determine that before entry into force of the technical regulation and regulatory legal acts of the Ministry of information technologies and communication of the Russian Federation concerning use of means of communication obligatory confirmation of conformity of means of communication is carried out on compliance to the requirements established by the regulatory legal acts of the Russian Federation adopted till July 1, 2003 and the regulatory legal acts of federal executive bodies in the field of communication adopted till January 1, 2004.

 

Prime Minister

Russian Federation M. Fradkov

Approved by the order of the Government of the Russian Federation of April 13, 2005 No. 214

Rules of the organization and work on obligatory confirmation of conformity of means of communication

1. These rules establish procedure for obligatory confirmation of conformity of the means of communication used in communication network public, and also in technological communication networks and communication networks of special purpose in case of their accession to communication network public (further - means of communication).

The means of communication used in technological communication networks and communication networks of special purpose are subject to obligatory certification regarding their accession to communication network public.

2. In these rules the following terms are used:

"obligatory confirmation of conformity of means of communication" the documentary certificate of compliance of means of communication to the technical regulation accepted in accordance with the legislation of the Russian Federation about technical regulation and to the requirements provided by regulatory legal acts of the Ministry of digital development, communication and mass communications of the Russian Federation concerning use of means of communication (further - the established requirements), by means of their obligatory certification or adoption of the declaration of conformity of means of communication to the established requirements (further - the declaration of conformity);

"customs applicant" - the legal entity or the individual entrepreneur who accepted and registered according to these rules in Federal Communications Agency the declaration of conformity;

"the holder of the certificate of conformity" - the legal entity or the individual entrepreneur who in accordance with the established procedure issues the certificate of conformity;

"applicant" - the legal entity or the individual entrepreneur who filed petition for carrying out obligatory confirmation of conformity of the means of communication.

3. The means of communication which did not enter the list of the means of communication which are subject to obligatory certification are subject to declaring of compliance.

Declaring of compliance is performed by adoption of the declaration of conformity by the applicant based on own proofs and the evidence obtained with participation of accredited test laboratory (center).

4. Ministry of digital development, communication and mass communications of the Russian Federation:

adopts regulatory legal acts concerning use of means of communication;

determines procedure of control of observance by holders of certificates of conformity and customs applicants of obligations by ensuring compliance of the delivered means of communication to the established requirements;

determines procedure for maintaining registers of certificates of conformity and declarations of conformity of system of certification in the field of communication;

approves the commitment form about carrying out obligatory certification of means of communication;

approves in accordance with the established procedure forms of the certificate of conformity and the declaration of conformity;

approves techniques of carrying out testing;

publishes the list of the established requirements used in case of confirmation of conformity in trade printing publications.

5. Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications:

exercises control of observance by holders of certificates of conformity and customs applicants of obligations on ensuring compliance of the delivered means of communication to the established requirements during action of certificates of conformity and declarations of conformity;

issues the instruction on elimination in time, not exceeding 90 days, the revealed discrepancy the holder of the certificate of conformity or the customs applicant;

informs the certification body which issued the certificate of conformity, and Federal Communications Agency about failure to carry out by the holder of the certificate of conformity or the customs applicant of the instruction about elimination of the revealed discrepancy.

6. Federal Communications Agency:

will organize the system of certification in the field of communication including certification bodies and test laboratories (centers) irrespective of their forms of business and pattern of ownership;

registers the declaration of conformity within 3 days from the date of its obtaining and informs on it the applicant when declaring compliance;

issues to the customs applicant the registered declaration of conformity;

stores the second copy of the declaration of conformity registered in accordance with the established procedure during effective period of this declaration and within 3 years from the date of the termination of term of its action;

refuses registration of the declaration of conformity in case of its wrong registration, impossibility of identification of the declared means of communication according to the technical description, lack of payment of the state fee for registration of the declaration of conformity and sends to the applicant the notice on refusal to registration of the declaration of conformity (with indication of cause of failure) within 10 days from the date of adoption of such decision;

cancels registration of the declaration of conformity in case of failure to carry out by the customs applicant of the instruction of Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications;

performs accounting of forms of certificates of conformity;

terminates the certificate of conformity issued by the certification body which stopped the activities in case of failure to carry out by the holder of the certificate of conformity of the instruction of Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications;

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