ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 5, 2022 No. 1387

About approval of Rules of the organization and work on obligatory confirmation of conformity of means of communication and about recognition voided some acts of the Government of the Russian Federation and Item of 6 changes which are made to acts of the Government of the Russian Federation concerning activities of the Ministry of Telecom and Mass Communications of the Russian Federation and the Federal Service for supervision in the sphere of communication and mass communications

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

2. Recognize invalid:

the 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" (The Russian Federation Code, 2005, No. 16, the Art. 1463);

Item of 6 changes which are made to acts of the Government of the Russian Federation concerning activities of the Ministry of Telecom and Mass Communications of the Russian Federation and the Federal Service for supervision in the sphere of communication and mass communications approved by the order of the Government of the Russian Federation of October 13, 2008 No. 761 "About introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2008, No. 42, the Art. 4832);

the order of the Government of the Russian Federation of January 28, 2012 No. 42 "About introduction of amendments to some acts of the Government of the Russian Federation governing the relations in the field of communication" (The Russian Federation Code, 2012, No. 6, the Art. 687).

3. Determine that this resolution becomes effective since March 1, 2023 and is effective within 6 years from the date of its entry into force.

Approved by the Order of the Government of the Russian Federation of August 5, 2022 No. 1387

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

1. These rules establish procedure for the organization and work on 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), including rules of carrying out certification.

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. The concepts used in these rules mean the following:

"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 the Ministry of digital development, communication and mass communications of the Russian Federation 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;

approves in accordance with the established procedure form of the declaration of conformity;

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

stores the 2nd 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.

5. Certification body:

performs the acceptance and consideration of requests about carrying out obligatory certification in time which is not exceeding 30 working days from the date of their acceptance and informs the applicant on the made decision;

carries out identification of the means of communication provided for obligatory certification and chooses the established requirements, on compliance to which it is necessary to carry out obligatory certification of these means of communication;

signs contracts with applicants on work on obligatory certification of means of communication in which data on the name, structure and the number of the means of communication represented for certification and terms of carrying out testing shall be provided;

signs contracts on carrying out testing of means of communication with test laboratories (centers);

makes sampling of means of communication for carrying out testing;

makes decisions by results of testing of means of communication on issue of certificates of conformity or motivated refusal in their issue;

issues certificates of conformity;

transfers verified copies of the drawn-up certificates of conformity to the Ministry of digital development, communication and mass communications of the Russian Federation for their registration in the register of certificates of conformity of system of certification in the field of communication;

sends information on the means of communication which did not undergo obligatory certification to Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications;

according to Item 2 (1) article 25 of the Federal law "About Technical Regulation" performs periodic assessment of the certified products (further - inspection check-up) behind the certified means of communication if it is provided by the scheme of obligatory certification;

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