Regulation On The Procedure For The Grant Of A Certificate For Terminal Equipment By The Federal Agency For Digital Communication Of Authorities And Organisations With Security Tasks

Original Language Title: Verordnung über das Verfahren zur Erteilung eines Zertifikats für Endgeräte durch die Bundesanstalt für den Digitalfunk der Behörden und Organisationen mit Sicherheitsaufgaben

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Regulation on the procedure for the award 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)

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BDBOSZertV

date of delivery: 17.12.2010

full quote:

" BDBOS certification ordinance of 17. December 2010 (BGBl. I p. 2120) "

footnote

(+ + + text evidence from: 23.12.2010 + + +)

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input formula

On the basis of Article 15b (1), first sentence, of the BDBOS Act, which is defined by Article 1 (3) of the Law of 29. July 2009 (BGBl. 2251), the Federal Ministry of the Interior is ordering: Non-official table of contents

§ 1 Subject of certification

Subject matter The certification shall be terminal equipment with certain hardware and software properties identifying the terminal equipment, which are intended for use in the digital radio station 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. Non-official 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 take place on written request of the manufacturer or supplier, which shall also be transmitted in an electronic version. Only the application forms published by the Federal Institute shall be used for such a request. The application must contain the following:
1.
Applicant's name and address
2.
Date the application,
3.
the name and address of a receiving agent of the applicant in a Member State of the European Union or in another Member State Contracting State of the Agreement on the European Economic Area,
4.
Name and address of a contact person of the applicant who is responsible for the necessary expertise in order to obtain technical information on the terminal equipment to be certified,
5.
the exact name of the terminal to be certified, in particular:
a)
End device type according to BOS interoperability policies (BOS IOP policies) in accordance with § 5 paragraph 2,
b)
terminal name as per manufacturer's product label,
c)
name and address of the manufacturer, if notwithstanding point 1,
d)
hardware version number,
e)
software version number,
6.
Specification of the optional BOS IOP policies Performance features that are supported by the terminal
7.
The applicant's explanation that the use of the terminal to be certified, including all Components in digital radio BOS do not stand in the way of rights of third parties,
8.
Whether it is a complete certification pursuant to Section 15a (2) of the BDBOS Act (Certification) or a certification (change certification) limited in accordance with § 15a (3) sentences 2 and 3 of the BDBOS Act,
9.
BOS-Audit report according to § 7 The fourth sentence of paragraph 1 and other evidence of compliance with the requirements laid down in Article 15a (1), third sentence, points 1 and 2 of the BDBOS Act, to be submitted in accordance with the BOS IOP guidelines, which are based on the review in accordance with § 7 ,
10.
Proof of subject-matter in accordance with § 7 (1) sentence 1,
11.
indication the BOS audit report and the other evidence underlying the BOS IOP guidelines as well as
12.
Statement by the Applicant that the use of the terminal should be based on the § 15a (1) sentence 3 (3) of the BDBOS Act does not infringe other public law provisions.
(2) If the terminal is a component of a radio control centre within the meaning of § 1 sentence 2, the applicant shall: specify what this component is composed of.(3) The submission of the documents referred to in points 9 to 11 of the third sentence of paragraph 1 shall not be required if the conditions set out in Article 7 (3) are met. In such a case, the applicant shall state the existence of these conditions in the application.(4) The Federal Institute shall process the applications in the order in which they are received. Unofficial Table of Contents

§ 3 Change Certification

(1) A change certification can only be done
1.
when deactivating interfaces or optional capabilities,
2.
on activation or Implementation of optional features,
3.
at an adaptation required by the Bundesanstalt, in particular for the elimination of safety defects, or
4.
in case of error correction
, and provided that it is ensured at the same time that the terminal continues to satisfy the requirements of § 15a (1) sentence 3 of the BDBOS-Law fulfilled. Error correction is the production of a state of the terminal, which could be expected from the end device on the basis of the manufacturer's customer documentation at the time of the certification.(2) In addition to the information referred to in § 2, an application for change certification shall also require the indication of the status of change within the meaning of the first sentence of paragraph 1 of the first sentence of paragraph 1 to 4, which change has been made to the terminal equipment. and the technical implications of the change. 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 Article 2 (1), third sentence, points 9 to 11.(3) The Federal Office shall inform the applicant in writing whether the conditions for a change certification are fulfilled and shall determine the scope of the examination in conclusion. The applicant shall be given a reasonable period of time for the conduct of the review in accordance with § 7.(4) A further change certification is excluded after four consecutive 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 § 15a (3) sentence 4 of the BDBOS Act shall be made without delay by the manufacturer or supplier, but no later than immediately after the amendment has been accepted. The Federal Institute can make binding guidelines for the design of the advertisement.(2) A change is insignificant if it is ensured that it does not affect the 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) After receipt of the notification, the Federal Institute shall decide whether there is an insignificant change. The amendment is deemed to be insignificant if the Federal Office 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. Non-official table of contents

§ 5 Requirements and audit criteria; BOS IOP policies

(1) If the requirements for the terminal devices do not already exist from other public-law provisions, they shall be determined by the Federal Institute. 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 Office shall, in particular, make known in the form of BOS-IOP guidelines:
1.
the performance characteristics defined for each type of terminal including the Related performance descriptions, which may also refer to operability,
2.
the classification of individual performance characteristics as imperative or optional,
3.
the other requirements of § 15a (1) sentence 3, point 2 of the BDBOS Act, as well as
4.
the test criteria used to demonstrate compliance with the requirements of § 15a (1) sentence 3 (1) and (2) of the BDBOS Act.
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§ 6 Publication of information not generally available

(1) The Federal Institute publishes the following information in a protected area on its website, and provides it on written request:
1.
binding guidelines for the design of the BOS test report in accordance with § 2 paragraph 1 sentence 3 number 9,
2.
mandatory requirements for the display of insignificant changes in accordance with § 4 paragraph 1 and
3.
BOS IOP policies within the meaning of § 5 (2).
The first publication and any change to the information listed in the first sentence of the Federal Republic of Germany shall be published by the Federal Institute for Federal Gazette and on its website.(2) For the authorities and organisations with security responsibilities, pursuant to Article 3 (2) of the provisions on frequency allocations for the operation of digital radio equipment of the authorities and organisations with security functions (BOS) in the Frequency range 380-385 MHz and 390-395 MHz (Radio Directive Digital Radio BOS) in conjunction with Article 4 (1) of the Regulations for Radio Spectrum allocations for use in the operation of radio equipment of the authorities and organisations with Security tasks (BOS) (BOS Radio Directive) in the applicable version for the use of the digital radio BOS are authorized, access to the information referred to in paragraph 1 is made via previously named contact points of the Federal Government and the Länder. 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 authorisation to inspect the information referred to in paragraph 1. 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. Non-official table of contents

§ 7 Verification of terminal devices

(1) The terminal devices are technically tested by a competent inspection body. checked (check). 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. Older versions of the BOS IOP guidelines can also be used as regards the extent of the requirements to be placed on the terminals, provided that they still correspond to the state of the art. The results of the review shall be recorded in the BOS test report in accordance with Section 2 (1) sentence 3, point 9.(2) In case of doubt, the Bundesanstalt may require the submission of additional documents or even a supplementary check on the accuracy or completeness of the BOS test report drawn up by the test body. .(3) By way of derogation from the first sentence of paragraph 1, the applicant may, with his application for certification, apply for the examination of the terminal by the Federal Institute if, in the individual case, no suitable test centre is available to ensure compliance with the requirements of the The requirements of § 15a (1) sentence 3 (1) and (2) of the BDBOS Act may be reviewed. Non-official table of contents

§ 8 Contributor obligations of the applicant

(1) The applicant has submitted to the Federal Institute at the latest with the application To grant a certificate free of charge two individual pieces of the terminal equipment to be certified with customer documentation as well as the facilities necessary for its operation and to grant the necessary usage rights. Sentence 1 shall not apply if the terminal is a component of a radio control centre within the meaning of the second sentence of § 1.(2) The applicant shall participate in the certification to the extent necessary, in particular through information and the provision of documents for the verification according to § 7. It shall ensure the necessary involvement of third parties, in particular the inspection body entrusted by it. Non-official table of contents

§ 9 Certificate

(1) A terminal is certified if it is the one referred to in Section 15a (1) sentence 3 of the BDBOS Act. Requirements.(2) The certificate shall contain at least the following information:
1.
The name of the terminal according to § 2, paragraph 1, sentence 3, point 5, point (a) to (e),
2.
Power characteristics of the terminal that are the subject of the certification
3.
version of the BOS-IOP-Guidelines and the system technology that underlie the certification.
(3) The certificate for a component of a radio control center within the meaning of § 1 sentence 2 shall be accompanied by a list of 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 changed 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 features and for the deactivation of optional performance features which are contrary to the use of the terminal in the digital radio BOS.(6) The grant of the certificate shall be notified 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. Non-official table of contents

§ 10 Return of individual items

In the event of complete failure of the certificate, the Bundesanstalt shall issue one of the following: Section 8 (1), first sentence, shall be returned to the applicant for individual items. 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. Non-official table of contents

§ 11 Transitional rules

The transition period in accordance with § 15a (5) sentence 1 of the BDBOS Act ends on 31 December 2013. December 2011. Non-official table of contents

§ 12 Entry into force

This Regulation enters into force on the day after the announcement.