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Regulations for Compulsory Product Certification
Chapter I General Provisions
Article 1
Based on relevant laws and regulations covering product safety licensing
and product quality certification so as to improve and enhance
regulatory functions in the field of compulsory product certification as
well as to effectively safeguard national and public interests in a
feasible manner, the following regulations are announced for statutory
implementation in accordance with the functions of the State General
Administration for Quality Supervision and Inspection and Quarantine of
the People's Republic of China (AQSIQ) and the Certification and
Accreditation Administration of the People's Republic of China (CNCA)
authorized by the State Council.
Article 2
The Compulsory Product Certification System (hereinafter referred to as
CPCS) is applied to products related to human life and health, animals,
plants, environmental protection and national security.
Article 3
Authorized by the State Council, CNCA is in charge of nation-wide
certification and accreditation activities.
Article 4
With regard to CPCS, one Catalogue of Products Subject to Compulsory
Product Certification (hereinafter referred to as the Catalogue), one
set of applicable technical regulations, national standards and
conformity assessment procedures, one obligatory mark and one structural
fee chart will be announced for statutory implementation.
Article 5
Any product covered by the Catalogue must first be certified by a
certification body designated by relevant competent authorities
(hereinafter referred to as DCB). The subject product must obtain the
certificate and be applied the certification mark before it can be
marketed, imported or used for any commercial purposes.
Chapter II Administration and Implementation Organizations of CPCS
Article 6
Based on relevant national laws and regulations, AQSIQ formulates the
CPCS regulations, approves and declares for implementation the
Catalogue.
Article 7
CNCA is specifically responsible for the administration and organizing
the implementation of CPCS. CNCA fulfills the following responsibilities
:
1) To supervise and regulate the certification and accreditation
activities, and to coordinate related major events.
2) To develop, adjust and to join AQSIQ in declaring for
implementation the Catalogue.
3) To develop and declare the Implementation Rules of product
certification relevant to the Catalogue.
4) To specify the applicable certification model for any product
covered by the Catalogue.
5) To develop and declare for implementation the certification
mark.
6) To specify the form and format of the certificate.
7) To designate competent certification bodies to undertake product
certification, also designation of competent
testing and inspection bodies to undertake CPCS-related requirements.
8) To publish the official list of DCBs and list of designated
testing and inspection bodies, together with their
specified business scopes.
9) To publish the official list of certified products and
manufacturers.
10) To approve the exemption of products for special use from
compulsory certification.
11) To guide AQSIQ local branches in their efforts to eliminate
related illegal practices.
12) To accept CPCS-related appeals and complaints. To organize
the elimination of related serious illegal practices.
13) To guide CPCS-related important events.
Article 8
AQSIQ local branches should fulfill the following responsibilities:
1) To supervise the products covered by the Catalogue in their
respective administrative jurisdiction in accordance
with relevant laws and regulations.
2) To eliminate related illegal practices.
Article 9
The DCBs should fulfill the following responsibilities:
1) To perform certification according to their designated business
scope following CPCS Implementation Rules.
2) To grant certificates to certified products.
3) To undertake follow-up inspection on certified products.
4) To accept CPCS-related appeals and complaints.
5) To suspend, cancel or withdraw certificates as and when deemed
necessary.
Chapter III The Implementation of CPCS
Article 10
Catalogue-covered products are applicable to one or more of the
following certification models.
1) design appraisal.
2) type testing.
3) testing or inspection of samples taken from the factories.
4) testing or inspection of samples taken from the market.
5) assessment of the manufacturers' quality assurance system.
6) follow-up inspection on certified products.
Based on the principle of reasonable convenience, the choice in the
certification model should be made in an objective and constructive
manner by taking into consideration the comprehensive factors such as
the product performance, the degree of possible detriment to human
health, the environment, national security and the product life cycle.
The specific product certification model is specified in the
Implementation Rules.
Article 11
The Implementation Rules cover the following guidelines:
1) Scope of applicable products.
2) Technical regulations and national standards corresponding to
the applicable products.
3) Specific certification model for different products.
4) Requirements for the division of the product application unit.
5) Requirements for sampling and sample delivery.
6) Requirements for the confirmation of key parts and components
(when necessary).
7) Requirements for testing standards and rules.
8) Special requirements for factory inspection (when necessary).
9) Special requirements for follow-up inspection.
10) Specific requirements to apply certification marks to applicable
products.
11) Other requirements.
Article 12
Catalogue-covered product certification requires all or part of the
following steps to be taken:
1) Acceptance of the application.
2) Type testing.
3) Factory inspection.
4) Sampling and testing.
5) Evaluation of the certification results and approval of
certification.
6) Follow-up inspection.
Article 13
The manufacturer, wholesaler or retailer, as well as the importer can
act as an applicant to apply to a DCB concerning the Catalogue-covered
products.
Article 14
The applicant should comply with the following requirements when filing
an application.
1) To submit the application, required technical documents and
samples to the DCB by following the Implementation
Rules.
2) When the wholesaler, retailer, or importer acts as an applicant,
they should provide, together with the information
specified in 14.1, copy of the contract signed between the wholesaler or
retailer and manufacturer, or signed
between the importer and manufacturer.
3) Should an applicant authorize another party to apply on their
behalf, they should complete an agreement with the
trustee concerning certification, testing, initial factory inspection
and follow-up inspection, etc.. The trustee should
provide, together with the information specified in 14.1, the trust
deed, copy of the entrustment agreement and
other relevant contracts.
4) To pay the certification fee according to the structural fee
chart.
Article 15
The DCBs will accept and review the application, arrange type testing,
factory inspection, sample testing etc. based on the Implementation
Rules, and decide on whether or not to grant the certificate for the
subject product.
Except in unusual circumstances, DCBs should make the decision and
notify the applicant within 90 days upon the receipt of the completed
application.
Article 16
The certificate serves as valid documentation to indicate that the
Catalogue-covered product meets requirements and that the certification
mark can be applied.
The certificate should include the following information:
1) Applicant.
2) Product name, type and series.
3) Manufacturer and its factory (factories).
4) Model of certification.
5) Referred technical regulations and standards.
6) Date of certificate being granted and validity period.
7) Certificate granting DCB.
Article 17
The certification mark is referred to as "China Compulsory Certification
(CCC)". The certification mark serves as evidence that the
Catalogue-covered product can be marketed, imported or used.
The certificate holder should abide by the Regulations for Compulsory
Product Certification Mark when using the mark.
Article 18
The DCBs should undertake follow-up inspection on those certified
products and manufacturers based on the specific requirements of the
Implementation Rules.
Article 19
The DCBs should revoke the certificate in the event any of the following
situations arise:
1) There are some changes or modifications in the technical
regulations, national standards or the Implementation Rules applicable
to the Catalogue, whereby the product can not qualify for the changes or
modifications.
2) The certificate holder failed to prolong the certificate.
3) The production of the certified product has terminated.
4) The certificate holder applies to cancel the certificate.
Article 20
The DCBs should suspend the use of the certificate in the event any of
the following situations arise:
1) The certificate holder uses the certificate or the certification
mark in violation of relevant requirements.
2) The certificate holder violates the Implementation Rules or the
requirements of the DCBs.
3) The follow-up surveillance indicates that the certified product
failed to meet the Implementation Rules, but not
serious to the extent as to lead to the immediate withdrawal of the
certificate.
Article 21
The DCBs should withdraw the certificate in case any of the following
situations arise:
1) During the period when the certificate is suspended, the
certificate holder failed to take adequate corrective
action.
2) The follow-up inspection shows that the product bears major
defects.
3) The certified product caused a serious quality accident because
of major defects.
Article 22
Should the applicant or the certificate holder have any objections
concerning the decision of the DCB, the applicant may file an appeal or
an complaint with that DCB. If the applicant has further objections
towards the resolution of the DCB, the applicant may continue to appeal
to CNCA.
Chapter IV Supervision and Administration of CPCS
Article 23
The DCBs and the designated testing and inspection bodies should abide
by the following rules:
1) To accept the supervision and administration of CNCA.
2) To undertake Catalogue-related certification, testing and
inspection within their designated scope based on the
relevant laws and regulations relative to product quality certification.
3) To ensure the accuracy of the certification results and to
undertake the corresponding legal obligations.
4) To report to CNCA on a regular basis Catalogue product
certification updates.
5) To keep the certified products commercially and technically
confidential. Illegal use of the scientific and technical
achievements is prohibited.
6) Transfer the right for application review, certification grant
decision, testing and inspection is not permitted unless
approved.
7) Consultancy or product development within their respective
designated business scope of certification is
prohibited.
8) Bilateral or multilateral mutual recognition agreements with
other agencies are not permitted unless approved
when certification, testing or inspection of Catalogue products are
involved.
9) No catalogue-related certificate is allowed to be granted based
on the bilateral or multilateral agreements referred
to in Article 23.8.
10) To join AQSIQ local branches in their efforts to eliminate illegal
practices contrary to the laws, regulations and
rules relevant to quality certification.
11) To implement an appeal and complaint response system so that
disputes concerning Catalogue product
certification within their designated scope can be handled impartially.
Article 24
Manufacturers, importers, and sale outlets that have obtained the
Catalogue product certification should abide by the following
requirements:
1) To guarantee working environment necessary for certification.
2) To ensure the certified products meet relevant national
standards and technical regulations are on a continuous
basis.
3) To ensure all the marketed or imported Catalogue products are
certified products.
4) To apply certification mark to the certified products according
to relevant requirements.
5) Misguiding consumers with the certificate or certification mark
is prohibited.
6) Transfer or trading of certificate or certification mark is
prohibited. Partially presenting or copying the certificate is
also prohibited.
7) To accept the surveillance by AQSIQ local branches and follow-up
inspection by the DCBs.
Chapter V Penalties
Article 25
A fine of RMB 30,000 is imposed if the Catalogue products failed to be
certified, and certification must be completed within the specified
period.
Article 26
Certification marks must be applied if the Catalogue products are
certified. Otherwise, corrective measures must be completed within the
specified period. A fine of RMB 10,000 is imposed in failing to do so.
Article 27
Punishments will be enacted according to relevant laws and regulations
for the falsification and piracy of certificate or certification mark.
Also for other practices that violate relevant national laws and
regulations on product safety quality licensing and product quality
certification.
Article 28
The DCBs and designated testing and inspection bodies that present
falsified testimonial or papers shall bear corresponding legal
liabilities.
Article 29
The administrative penalties mentioned in this Chapter will be exercised
by AQSIQ local branches following AQSIQ's procedures for handling
administrative cases.
Chapter VI Supplement
Article 30
Specific administrative rules including the Implementation Rules and
Regulations for Compulsory Product Certification Mark referred to in
these Regulations will be announced separately.
Article 31
With the authorization of AQSIQ, CNCA will be responsible for the
interpretation of these Regulations.
Article 32
These Regulations will be implemented on May 1, 2002.
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