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Mandatory Product Certification Bodies, Inspection Bodies And Laboratories Management

Original Language Title: 强制性产品认证机构、检查机构和实验室管理办法

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(June 23, 2004 the State General Administration of quality supervision, inspection and quarantine announced as of August 1, 2004, 65th) Chapter I General provisions article to regulate compulsory product certification bodies, inspection bodies and laboratories management, rational use of resources to ensure the effective implementation of the compulsory product certification system, in accordance with the People's Republic of China certification and Accreditation regulations (hereinafter regulations) stipulates that these measures are formulated.
    Article referred to the mandatory product certification bodies, inspection bodies and laboratories is a compulsory product certification activities in the certification body relating to the compulsory product certification and inspection, detection of activity of the inspection bodies and the testing laboratories.
    Article these measures apply to People's Republic of China territory of mandatory product certification bodies, inspection bodies and laboratories of the designation and supervision and management.
    Fourth national compulsory product certification bodies, inspection bodies and laboratories to implement the specified System.
    Fifth national certification and accreditation Administration Committee (hereinafter referred to as CNCA) is responsible for the mandatory product certification bodies, inspection bodies and specifies the establishment, implementation and monitoring of the system of management of laboratory work.
    Sixth bars compulsory product certification bodies, inspection bodies and laboratories shall comply with the regulations and other laws and administrative regulations, conditions and capacity, after the designated by the CNCA, before engaging in compulsory product certification activities and engaged in activities related to inspection, testing and mandatory product certification.
    Seventh bars compulsory product certification bodies, inspection bodies and laboratories of the specified work follow the rational use of resources and the actual needs, fair competition, and facilitation, effective principles of openness and fairness.
    Article eighth of certification bodies, inspection bodies and laboratories, or when both of them are the same legal entity, engaged in relating to the compulsory product certification and the certification examination, testing of qualifications should be specified separately. Second chapter specified conditions Nineth article application engaged in mandatory products certification activities of certification institutions should has following conditions: (a) in accordance with Ordinance provides established, has corresponding field 2 years above certification experience or issued related products certification certificate 20 copies above; (ii) made national determine of recognized institutions of recognized; (three) in application Qian 6 months within no bad records; (four) this institutions of corporate nature, and property constitute and organization structure, can guarantee its mandatory certification activities of objective just; (five) has can just, and
    Mandatory product certification activities independently and effectively engaged in the technical and management capacity (vi) engaged in compulsory product certification activities required and can be used standalone deployment testing and examination resources, with commensurate with the mandatory product certification tasks in accordance with the Ordinance of certified personnel and stable financial resources. Tenth Article application engaged in mandatory products certification check activities of check institutions should has following conditions: (a) has legal, and administrative regulations provides of basic conditions and capacity, and by law finds; (ii) has corresponding field check experience, engaged in check work 2 years above or issued related products check report 20 copies above; (three) made national determine of recognized institutions of recognized; (four) in application Qian 6 months within no bad records; (five) this institutions of corporate nature, and
    Property constitute and organization structure, can guarantee its just, and independent to implementation check activities; (six) has engaged in mandatory products certification check activities by needed of facilities, and personnel and other resources; (seven) engaged in mandatory products certification check activities of personnel should has necessary of expertise, and made certification check personnel of registered qualification; (eight) by appointment of full-time check Member of professional capacity should meet specified of business requirements;
    (I) appointment shall not exceed the proportion of part-time Inspector two-thirds of the total number of full-time inspectors. 11th article application engaged in mandatory products certification detection activities of laboratory (following referred to laboratory), should has following conditions: (a) has legal, and administrative regulations provides of basic conditions and capacity, and by law finds; (ii) has related field detection experience, engaged in detection work 2 years above or foreign issued related field detection report 20 copies above; (three) made national determine of recognized institutions of recognized; (four) in application Qian 6 months within no bad records; (five) this units of corporate nature, and
    Property constitute and organization structure can guarantee its just, and independent to implementation detection activities; (six) has bear corresponding products certification detection activities by needed of all equipment, and facilities, or by related equipment, and facilities ownership units of authorized, can independent using equipment, and facilities; (seven) detection personnel accept had and its bear of corresponding products certification detection by required of education and training, and master related of standard, and technology specification and mandatory products certification implementation rules of requirements, has necessary of products detection capacity. Third chapter program 12th CNCA according to the compulsory product certification system specific requirements and needs, proposed plans.
    Specifies the plan includes proposed designated agency product and quantity, scope, specifying agency requirements, specified on the application procedures and the relevant time limits, expert review Committee (hereinafter referred to as the Committee of experts) composition and so on.
    Specified business fields of relevant departments under the State Council, CNCA to request opinions from relevant departments under the State Council on related assignments.
    13th National accreditation through a written notice and information on its Web site announced plans.
    14th application for compulsory product certification activities of certification bodies, inspection bodies and laboratories (hereinafter applicant) shall be in accordance with specified information on planned requirements, apply in writing to the CNCA, and submitted to the relevant supporting documents. CNCA 15th article acceptance the applicant within 10 working days from the date of the application, in accordance with the present article Nineth and tenth, 11th requires review of the written material submitted by the applicant, presented preliminary review opinions, and feedback to the applicants in the first instance.
    To meet the requirement in the first instance, submitted to the Committee of experts. 16th State Council relevant departments, industry organizations, enterprises and accreditation bodies, certification bodies, as well as other technical agencies can recommend candidates for members of the Committee of experts to CNCA.
    CNCA based on the review and assessment of different areas of the object, identify experts members of the Committee, respectively the corresponding expert committees.
    Article 17th from 7 to 13 members of the Committee of experts, as very temporary structures, accreditation is responsible for applications for work.
    Review work after the dissolution of the Committee of experts.
    Article 18th member of the Committee of experts shall meet the following conditions: (a) has good expertise and accomplishment of the professional ethics and (b) have senior professional titles or equivalent technical qualifications, and (iii) be familiar with the current situation, relevant product regulatory system of resource allocation and distribution, technical institutions, and so on. 19th of Expert Committee on applications for review meetings, hearings, file access, and so on.
    As needed, the Committee of experts can suggest national accreditation organization to conduct an on-site investigation of the application.
    Members of the Committee of experts and the applicant has an interest (including units for applicants, and so on), Member of the Committee of experts should be avoided.
    20th article expert review Committee on applications for review should take fully into account the relevant industry development, production enterprises in the field distribution, certification systems interface effectively with other regulatory and other factors, to ensure the effective implementation of the certification system, rational utilization of resources, to facilitate the certification client.
    Evaluation should be combined with the applicant's technical capabilities and reputation, credibility, and so on, in the cost-efficiency analysis made on the basis of scientific, reasonable and accurate assessment conclusions.
    Committee of experts shall adopt the ballot review conclusions on the two-thirds by the way.
    Expert Committee review working time shall not exceed 30 working days. CNCA shall, in accordance with article 21st review conclusions made by the Committee of experts, in accordance with the principles set out in article seventh make specified decisions in 10 business days.
    Special circumstances need to be extended, can be extended up to 15 working days.
    Specified business fields of relevant departments under the State Council, CNCA in consultation with the relevant departments of the State Council, after make specified decisions.
    22nd CNCA-designated within 10 working days from the date of the decision, posted on its Web site to specify the mandatory product certification bodies, inspection bodies and laboratories of the directory of the specified lines of business.
    Specifies the applicant disagrees with the decision of the 23rd article, shall specify the list within 15 working days from the date of publication of the CNCA appeal or complaint.
    The CNCA on grievances and complaints.
    Fourth chapter code of conduct article 24th CAA specified by the State compulsory product certification bodies, inspection bodies and laboratories (hereinafter referred to as designated certification bodies, inspection bodies and laboratories) should be within the range specified in accordance with the certification standards and certification requirements for the certification client service may not assign or transfer of the certification, inspection and testing as specified in disguise.
    25th designated certification bodies, inspection bodies and laboratory management systems and procedures should be developed, mandatory product certification, testing, inspection activities and delegate to a voluntary product certification, inspection and test activities to distinguish clearly could not make use of their specific qualifications, development or engaged in voluntary product certification, as well as delegate inspection and testing business.
    26th the accreditation body specified in publicity should strictly distinguish between mandatory product certification services and voluntary product certification services. 27th article specified of certification institutions should and specified of check institutions, and laboratory signed written agreement, clear their of right obligations and legal responsibility, and guarantee its using of check institutions and laboratory of check and detection activities meet national mandatory products certification specification and certification rules of requirements, guarantee its using of check institutions and laboratory (including same corporate within of) enjoys equal right and perform equal obligations.

    28th designated certification bodies, inspection bodies and laboratories, or both of them for the same legal entity, designated agencies shall develop and ensure their continued effective operation of the management system to ensure implementation of independent certification, inspection and examination activities to ensure certification, inspection personnel, inspection personnel activities independently.
    29th designated certification bodies, inspection bodies and laboratories shall specify mandatory product certification body within the scope of business activity, guarantee to provide the certification client timely and effective certification, inspection, and testing services, shall not discriminate against or bedevil the certification client shall not make improper benefits.
    30th designated certification bodies, inspection bodies and laboratories international mutual recognition activities, shall, at the CNCA or with the authorization of the State Council departments concerned external international mutual recognition agreements signed within the framework of the.
    31st designated institution shall, in accordance with the provisions and requirements of the CNCA, timely provision of compulsory product certification, inspection and testing of information meet the CNCA and compulsory product certification of the local certification supervision and management departments to carry out supervision and inspection work.
    Fifth chapter of supervision and inspection article 32nd designated by CNCA certification bodies, inspection bodies and laboratories once a year periodic supervision and inspection.
    33rd designated certification bodies, inspection bodies and laboratories should be before February 15 of each year to the CNCA report of previous year compulsory product certification activities report, annual report on the work of internal audit and management review, accept CNCA, matters related to inquiries.
    Article 34th designated by CNCA certification bodies, inspection bodies and laboratory certification, inspection and testing of the quality of the work carried out does not regularly survey, and in consultation with relevant certification client and the certificate holder's comments and recommendations.
    35th designated by CNCA certification bodies, inspection bodies and laboratories of technological capacity, quality of service, efficiency, ethics, and certification of staff basic norms and accreditation rules, such as peer review organizations, and published appraisal results.
    Article 36th of CNCA shall be designated certification bodies, inspection bodies and laboratory certification, inspection and testing and certification results to carry out special checks, and to publish the results of spot checks.
    37th article of any units and individuals for the designation of certification bodies, inspection bodies and laboratories as well as illegal or irregular behavior can be specified to CNCA or local certification supervision and management departments. Sixth chapter penalty is 38th article specified of certification institutions, and check institutions and laboratory has following case one of of, ordered corrected, and sentenced 20,000 yuan above 30,000 yuan following fine: (a) lack necessary of management system and program distinguish mandatory products certification, and factory check, and detection activities and voluntary sex products certification, and delegate check, and delegate detection activities of; (ii) using mandatory products certification business publicity, and promotion voluntary sex products certification business of; (three) not to certification client provides timely, and effective of certification, and check, and
    Testing services, deliberately delay, obstruction or discrimination of the certification client and obtain improper benefits; (d) fails to cooperate on law enforcement supervision and inspection activities, refuses to provide relevant information and (v) is not required to submit an annual report on the work of providing compulsory product certification, factory inspections, testing or information.
    39th designated certification bodies, inspection bodies and laboratories appeared to be suspended or revoked accreditation as well as with other specified conditions, CNCA revoke its designation.
    40th designated certification bodies, inspection bodies and laboratories due to issue false certification violations revocation specified, within 3 years from the date on which the withdrawal of the designation shall apply for a specified.
    Inspectors were engaged in inspection activities within 5 years from the date of revocation of qualification, not to proceed with its application for registration of authorized institutions.
    41st for other offences under the Ordinance, be punished in accordance with the relevant provisions of the Ordinance.
    Seventh chapter supplementary articles article 42nd this approach by the State administration of quality supervision, inspection and quarantine is responsible for the interpretation.
                                                            43rd these measures shall come into force on August 1, 2004.