THE CERTIFICATION AND APPROVAL REGULATION FROM ANATEL - BRAZIL

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• THE CERTIFICATION AND APPROVAL REGULATION FROM
  ANATEL - BRAZIL
• Julio Cesar Fonseca
• Technical Regulations Manager
• ITU Consultation on conformance Assessment and
  Interoperability Testing Geneva, 20-21 July
  2009

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• ANATEL AS A DESIGNATING AUTHORITY
• ACCORDING TO THE NEW CERTIFICATION MODEL - Res.
  242

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• OBJECTIVE GENERAL PRINCIPLES
• The evaluation of the conformity of the telecom
  products in connection with the technical
  regulations issued or adopted by Anatel
• The requirements for approval of telecom products
  for in the new Regulation approved by the
  Resolution 242.

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• THE PURPOSE OF THE REGULATION
• - The purpose is to establish the general rules
  and procedures relating to certification and
  approval of telecom products
• - The regulation also establishes the main
  rights and obligations for manufactures ,
  services providers, suppliers and users,
  considering the penalties involved
• - In addition, the regulation considers several
  requirements to comply with the Mutual
  Recognition Agreement - MRA.

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• THE PRINCIPLES
• I - to ensure that the products sold or used in
  the Country are in conformity with the
  regulations issued or to the standards adopted by
  ANATEL
• II - to ensure that the suppliers of the
  products meet the minimum quality requirements
  for their products
• III - to ensure that the telecommunications
  products marketed in the Country, in particular
  those offered by the business directly to the
  public, have a minimum standard of quality and
  are suitable for the services for which they are
  intended

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• IV - to ensure they meet with the requirements
  of safety and the environment
• V - to facilitate the entry of Brazil into
  international agreements of mutual recognition
• VI - to promote uniformity in the treatment
  given to the interested parties in the
  certification and the approval of
  telecommunication products and
• VII - to treat as confidential technical
  information, which is thus required, from the
  information made available by the interested
  parties by the force of this Regulation.

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• The mandatory requirements for certification, and
  approval are applied for all products classified
  under the following definitions
• Category I final user terminal equipment
  (wired, and wireless)
• Category II radio frequency equipment
• Category III network equipment
• Note The products have to comply with the
  requirements for EMC and Safety.

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• APPLICABLE REGULATIONS AND STANDARDS FOR
  CERTIFICATION
• Anatel is authorized to issue regulations and
  standards for certification, to be observed in
  the certification and approval processes provided
  for in this regulation.

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• APPLICABLE REGULATIONS AND STANDARDS FOR
  CERTIFICATION
• In the absence of regulations or standards for
  certification issued by Anatel, the Agency will
  be responsible for deliberating on the
  appropriateness and the viability of the
  certification and approval

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• APPLICABLE REGULATIONS AND STANDARDS FOR
  CERTIFICATION
• Anatel may, at its discretion, require field
  tests to be undertaken on the product or
  equipment, so as to obtain support for its final
  decision with regard to the appropriateness or
  with regard to the viability of the
  certification.

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• THE STRUCTURE OF THE PROCESSES OF CERTIFICATION
  AND APPROVAL
• The following agents will act in the processes of
  certification and of approval of
  telecommunications products, categories I, II and
  III
• I - Administration of Radio frequencies and
  Control
• II - Appointed Certification Bodies and
• III - Test Laboratories.

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• Certification Bodies
• non profit organizations established in Brazil,
  with the technical and administrative capacity to
  carry out correctly the conformity evaluation
  process of telecommunications products. The
  requirements are defined in the Annex 1 of the
  Resolution 242 or
• foreign certification bodies recognized through
  Mutual Recognition Agreement.

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• Certification Bodies
• Certification bodies, must meet one of the
  following requirements
• appointed by Anatel
• organizations accredited by Inmetro to certify
  telecommunications products

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Test Laboratories

1. The conformity test reports will be conducted by
   laboratories accredited by INMETRO or evaluated
   by a CAB.
2. Future convergence from Anatels certification
   system to the National Certification System
   (INMETRO will accredit the test laboratories).

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Mutual Recognition Agreements - ARM

• Anatel will be able to sign Mutual Recognition
  Agreements - ARM, in matters of evaluation of the
  conformity of telecommunications products, the
  purpose of which is the recognition of
  certification bodies and of test laboratories, as
  integral parts of the system for conformity
  evaluation adopted by it.

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• CERTIFICATION REQUIREMENTS
• I - Declaration of Conformity
• II - Declaration of Conformity with test report
• III - Certificate of Conformity based on
  standard test
• IV - Certificate of Conformity based on standard
  test and on periodic evaluations of the product
  or
• V - Certificate of Conformity with evaluation of
  the quality system.

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• The Declaration of Conformity must
• 1. indicate the regulations or standards
  applicable to the product
• 2. confirm that the product complies with the
  applicable regulations and standards

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• Declaration of Conformity with Test Report
• A. The Declaration of Conformity must be
  accompanied by the test reports produced by the
  laboratories.
• B. Tests carried out preferably by a third party
  laboratory

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• Certification of Conformity Based on standard
  test
• A. The certificate of conformity based on
  standard test must be issued by the appointed
  CAB
• B. CAB must carry out the certification in
  accordance with the standards issued or adopted
  by Anatel
• C. Certification issued for CATEGORY III
  products

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• Certificate of Conformity based on periodic
  standard tests
• A. The certificate of Conformity for products
  subject to periodic tests will confirm the
  conformity of the product with the applicable
  regulations.
• B. Certification issued for CATEGORY II
  products.

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• Certificate of Conformity with periodic tests and
  quality system evaluation
• A. The Certificate of Conformity with periodic
  tests and evaluation of the quality system will
  be issued, by an CAB, and will confirm the
  conformity of the product with the applicable
  regulations.
• B. CAB must guarantee that the manufacturers
  quality system covers the necessary procedures in
  accordance with the standards for certification.
• C. Certification issued for CATEGORY I products.

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Test Reports

• The use of laboratories must observe the
  following order of priority
• 1. accredited laboratories
• 2. third party, second party, first party
  laboratories, non-accredited, evaluated by a CAB
• 3. non-accredited third party, second party,
  first party laboratories
• 4. test laboratories situated abroad accredited
  by the official Accrediting Organization - ILAC.

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• APPROVAL REQUIREMENTS
• An application for certification and approval in
  Brazil can be submitted by one of the following
• I - the manufacturer of the product
• II - the supplier of the product in Brazil and
• III - a natural person or a legal entity that
  asks for the approval of the telecommunications
  product for its own use.

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• APPROVAL REQUIREMENTS
• The requirements are described as follows
• the certificate of conformity of the product
• proof of payment
• users manual written in Portuguese language
  (when the product is intended for direct sale )
• and,

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• APPROVAL REQUIREMENTS
• legal documentation about the interested party
• proof that the interested party is legally
  established according to Brazilian laws, or has
  commercial representation in Brazil, such that it
  will be responsible for the quality, supply and
  technical assistance relating to the product in
  the national territory.

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• VALIDITY AND IDENTIFICATION OF APPROVAL
• I - undetermined for the products approved by
  Certificate of Conformity
• II - two years for products approved by
  Declaration of Conformity, with test report
• III - five years for products approved by
  Declaration of Conformity, applicable to the
  products of skilled manufacture for own use.

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• REQUIREMENTS FOR THE LABLE
• ANATEL mark, ID, Bar code

HHHH-AA-FFFF
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• SUSPENSION AND CANCELLATION OF THE APPROVAL
• By the Certification body when
• I - the interested party does not carry out the
  adaptations by alteration of the regulation
• II - the interested party does not address the
  clauses of the accompanying contract for periodic
  evaluation of the product or for the maintenance
  of the manufacturers Quality System and,

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• SUSPENSION AND CANCELLATION OF THE APPROVAL
• III - the interested party makes use of the
  Certificate of Conformity to advertise
  characteristics of the product which have not
  been subject to evaluation or
• IV - the interested party makes use of any
  advertising of the certification of products that
  leads third parties to have certified a different
  product from the one that is effectively
  certified.

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• SUSPENSION AND CANCELLATION OF THE APPROVAL
• By Anatel when
• I - the true and opportune non-alteration to the
  specifications of the product, in view of the
  decision of adaptation to the new regulations
  issued by Anatel
• II - the use or the marketing of a product with
  alterations without compliance with the
  obligations about modifications in the project or
  in the manufacturing process and,

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• SUSPENSION AND CANCELLATION OF THE APPROVAL
• III - the suspension of the validity of
  Certificate of Conformity by the Appointed
  Certification body and
• IV - any irregularity in the certification and
  approval processes noted by Anatel.

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• SANCTIONS
• warning
• fine
• suspension of the approval
• cancellation of the approval
• suspension of the appointment
• cancellation of the appointment.

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• THE APPROVAL OF THE CERTIFICATE
• Anatel will issue an approval document for every
  product that holds a certificate issued by the
  national CABs

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• Benefits for the Brazilian Society
• Provide adequate way to identify the products,
  and to facilitate the enforcement
• Building the confidence in the Anatels mark
• To provide a good privilege to the maker, and to
  the trade legally established in Brazil
• To guarantee the conformity of the products
• To avoid damage for the network, and prejudice to
  the user.

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Thank you

• Julioc_at_anatel.gov.br
• 55-61-2312421