Regulation on the procedure for the issuing of a certificate for terminal equipment by the Federal Institute for the Digital Radio of the Authorities and Organizations with Security Tasks (BDBOS Certification Regulation-BDBOSZertV)

Unofficial table of contents

BDBOSZertV

Date of completion: 17.12.2010

Full quote:

" BDBOS Certification Decree of 17 December 2010 (BGBl. I p. 2120) "

Footnote

(+ + + Text proof: 23.12.2010 + + +) 

  

Unofficial table of contents

Input formula

Pursuant to Article 15b (1), first sentence, of the BDBOS Act, which is based on Article 1 (3) of the Law of 29 July 2009 (BGBl. 2251), the Federal Ministry of the Interior is ordering: Unofficial table of contents

§ 1 Subject of certification

The purpose of the certification is terminal devices with certain hardware and software properties which identify the terminal equipment and which are intended for use in the digital radio BOS. In the case of radio control centres which act functionally directly on the interface interface, only the hardware and software components directly used for this purpose are certified as an integral part of the control center. Unofficial table of contents

§ 2 Application

(1) The issuing of a certificate by the Federal Institute for the Digital Radio of the Authorities and Organizations with Security Tasks (Bundesanstalt) shall be made upon written request of the manufacturer or supplier, who shall also be in an electronic The report shall be forwarded. Only the application forms published by the Federal Institute shall be used for such a request. The application shall contain the following:

1.

the name and address of the applicant;

2.

the date on which the application was submitted;

3.

Name and address of an applicant ' s representative in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area,

4.

the name and address of a contact person of the applicant who has the necessary expertise to provide technical information on the terminal equipment to be certified,

5.

the exact name of the terminal to be certified, in particular:

a)

Type of terminal according to BOS-Interoperability Guidelines (BOS-IOP-Guidelines) in accordance with § 5 (2),

b)

Terminal name according to the manufacturer's product mark,

c)

the name and address of the manufacturer, by way of derogation from point 1,

d)

Hardware version number,

e)

Software version number,

6.

Information about the optional features that are supported by the terminal according to BOS IOP policies,

7.

Declaration by the applicant that the use of the terminal equipment to be certified, including all components in the digital radio system BOS, does not preclude the rights of third parties,

8.

Indication of whether it is a complete certification pursuant to § 15a (2) of the BDBOS Act (certification) or a certification (change certification) limited in accordance with § 15a (3) sentence 2 and 3 of the BDBOS Act,

9.

BOS test report pursuant to § 7 (1) sentence 4 and other evidence of compliance with the requirements pursuant to § 15a (1) sentence 3 (1) and (2) of the BDBOS Act, which are to be submitted in accordance with the BOS-IOP guidelines, which are based on the review pursuant to § 7 have been laid,

10.

Proof of the subject-matter of the examination office pursuant to § 7 (1) sentence 1,

11.

Indication of the BOS-IOP guidelines underlying the BOS audit report and the other evidence

12.

Declaration by the applicant that the use of the terminal pursuant to Section 15a (1) sentence 3 (3) of the BDBOS Act does not violate other public law provisions.

(2) Where the terminal equipment is a component of a radio-control centre within the meaning of the second sentence of paragraph 1, the applicant shall indicate what this component is composed of. (3) The submission of the information referred to in the third sentence of the third sentence of paragraph 9 to 11 shall be provided. Documents shall not be required if the conditions of § 7 (3) are fulfilled. In this case the applicant has to present the existence of these requirements in the application. (4) The Bundesanstalt is to process the applications in the order of their receipt. Unofficial table of contents

§ 3 Change Certification

(1) A change certification can only be made

1.

when deactivating interfaces or optional features,

2.

in the activation or implementation of optional performance features,

3.

in the case of an adjustment required by the Bundesanstalt, in particular to remedy safety deficiencies, or

4.

in the case of error correction

and at the same time it is ensured that the terminal continues to comply with the requirements of § 15a (1) sentence 3 of the BDBOS Act. Error correction is the production of a state of the terminal which could be expected at the time of the certification by the terminal equipment on the basis of the customer documentation of the manufacturer. (2) In addition to the information mentioned in § 2 is in a Request for change certification shall also require the indication of the status of change referred to in the first sentence of paragraph 1 (1) to (4), the change made to the terminal equipment and the technical impact of the change in the number of amendments. Change connected. The request for change certification shall be submitted before the review pursuant to § 7. It is not necessary to accompany the application with the documents referred to in § 2 (1) sentence 3 (9) to (11). (3) The Bundesanstalt shall inform the applicant in writing whether the conditions for a change certification are met and shall submit the Test scope finally fixed. In order to carry out the review pursuant to § 7 a reasonable time limit shall be granted to the applicant. (4) A further change certification shall be excluded after four successive change certifications. Unofficial table of contents

§ 4 Display of insignificant changes pursuant to § 15a (3) sentence 4 of the BDBOS Act

(1) Ads pursuant to Section 15a (3) sentence 4 of the BDBOS Act shall be made without delay by manufacturers or suppliers, but no later than immediately after the amendment has been accepted. The Federal Institute may make binding guidelines for the design of the advertisement. (2) A change is insignificant if it is ensured that it does not influence compliance with the requirements of § 15a (1) sentence 3 of the BDBOS Act. A non-essential change is usually present when only changes are made to the housing of the terminal. In the case of control point components, an exchange of hardware components can also represent an insignificant change. (3) The Federal Institute decides, after receipt of the notification, whether there is an insignificant change. The amendment is deemed to be insignificant if the Bundesanstalt does not take a different decision within a period of three months. If this is a material change, the Federal Institute shall notify the manufacturer or supplier in writing, referring to § 15a (1) sentence 1 and (3) of the BDBOS Act. Unofficial table of contents

§ 5 Requirements and test criteria; BOS-IOP-Guidelines

(1) In so far as the requirements for the terminals do not already arise from other public-law provisions, they shall be determined by the Federal Office. The Federal Institute also sets out the test criteria to show whether a terminal device meets the requirements. The Federal Institute can determine which technical regulations are to be applied as generally accepted rules of technology. (2) The Federal Institute makes known in particular in the form of BOS-IOP-Guidelines:

1.

the performance characteristics defined for each type of terminal, including the associated specifications, which may also relate to the operability,

2.

the classification of individual performance characteristics as mandatory or optional,

3.

the other requirements laid down in Article 15a (1), third sentence, point 2 of the BDBOS Act; and

4.

the test criteria to demonstrate compliance with the requirements of § 15a (1) sentence 3 (1) and (2) of the BDBOS Act.

Unofficial table of contents

§ 6 Publication of information not generally available

(1) The Bundesanstalt shall publish the following information in a protected area on its website and shall make it available on written request:

1.

mandatory specifications for the design of the BOS test report pursuant to § 2 (1) sentence 3, point 9,

2.

mandatory requirements for the display of insignificant changes in accordance with § 4 (1) and

3.

BOS IOP policies within the meaning of Section 5 (2).

The Bundesanstalt in the Federal Gazette (Bundesanzeiger) and on its website (2) points to the first-time publication and any change in the information listed in the first sentence. (2) For the authorities and organisations with security tasks, which are referred to in § 3 (2) The provisions for frequency allocations for the operation of digital radio equipment of the authorities and organisations with security functions (BOS) in the 380-385 MHz frequency range and 390-395 MHz (radio directive digital radio BOS) in Connection with Section 4 (1) of the provisions for frequency allocations for use for the Access to the information referred to in paragraph 1 shall be made available to the public authorities and organisations with security responsibilities (BOS) (BOS Radio Directive), as amended, for the use of the BOS digital radio. over previously named contact points of federal and state governments. The federal government and each of the federal states can designate up to three contact points for this purpose. The Federal Institute may authorise the appointment of further contact points if this is necessary due to special circumstances. Manufacturers, suppliers and expert verifiers shall have access to the information referred to in paragraph 1 if they have a legitimate interest and respect for the necessary security measures, in particular the right to inspect in classified information. Access shall be excluded if it is contrary to the overriding public interests, in particular security policy concerns of the Federal Republic of Germany. Unofficial table of contents

§ 7 Verification of terminals

(1) The terminal equipment shall be examined in technical terms by an expert inspection body (review). It shall be based on the test criteria set out in the BOS IOP guidelines, or their immediate pre-version, at the time of the application for the review. With regard to the extent of the requirements to be placed on the terminals, older versions of the BOS-IOP-Guidelines can also be used, provided that they still correspond to the state of the art. The results of the inspection must be recorded in the BOS test report in accordance with § 2 (1) sentence 3, point 9. (2) The Federal Institute may, in case of doubt, be able to check the facts of the test site or the correctness or completeness of the test site. (3) By way of derogation from the first sentence of paragraph 1, the applicant may, with his/her application for certification, be able to check the terminal equipment. request by the Federal Institute if there is no suitable test centre in individual cases for the , which can verify compliance with the requirements of § 15a (1) sentence 3 (1) and (2) of the BDBOS Act. Unofficial table of contents

§ 8 Co-action obligations of the applicant

(1) The applicant shall, at the latest with the application for the issuing of a certificate, have two individual pieces of the terminal equipment to be certified with the customer's documentation and the facilities necessary for its operation to be issued by the Federal Agency. and to grant the necessary rights of use. Sentence 1 shall not apply if the terminal is a component of a radio control centre within the meaning of the second sentence of paragraph 1. (2) The applicant shall participate in the certification to the extent necessary, in particular by means of information and the following: Provision of documents for inspection according to § 7. It shall ensure the necessary involvement of third parties, in particular the inspection body entrusted by it. Unofficial table of contents

§ 9 Certificate

(1) A terminal equipment shall be certified if it complies with the requirements set out in § 15a (1) sentence 3 of the BDBOS Act. (2) The certificate shall include at least the following information:

1.

the name of the terminal in accordance with Article 2 (1), third sentence, point 5 (a) to (e),

2.

the performance characteristics of the terminal which are the subject of certification;

3.

Version of the BOS IOP policies and the system technology that underlies the certification.

(3) The certificate for a component of a radio control centre within the meaning of § 1 sentence 2 shall be accompanied by a list containing the hardware and software components of which the component is composed. (4) In the case of a change certification the certificate may, by way of derogation from paragraph 2, point 2, be limited to the modified performance feature or to the other components of the terminal affected by the change. The change certification takes the form of a supplement or a supplement to the original certificate. (5) The certificate can be provided with secondary provisions, in particular for the re-examination of individual performance characteristics and for the purpose of Deactivation of optional performance features which are contrary to the use of the terminal in the digital radio BOS. (6) The certificate will be issued to the applicant in writing. The issue of the certificate and the information referred to in paragraph 2 (1) and (3) shall be published on the website of the Bundesanstalt. The other information referred to in paragraphs 2 to 5 shall also be made available to the points of contact designated by the Federal Government and the Länder in relation to the Bundesanstalt. Experts shall only be granted access to the information referred to in the third sentence if they have a legitimate interest; they shall not be entitled to disclose such information to third parties. Access shall be excluded if it is contrary to the overriding public interests, in particular security policy concerns of the Federal Republic of Germany. Unofficial table of contents

§ 10 Return of individual items

In the event of a complete failure of the certificate, the Bundesanstalt shall return one of the individual items delivered in accordance with section 8 (1) sentence 1 to the applicant. Upon withdrawal of the application, the Federal Institute shall return both individual items to the applicant. The return after the first or second sentence takes place at the seat of the Federal Institute. Unofficial table of contents

Section 11 Transitional regime

The transitional period in accordance with § 15a (5) sentence 1 of the BDBOS Act ends on 31 December 2011. Unofficial table of contents

§ 12 Entry into force

This Regulation shall enter into force on the day following the date of delivery.