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

Read the untranslated law here: http://www.gesetze-im-internet.de/bdboszertv/BJNR212000010.html

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 (BDBOS Certification Regulation BDBOSZertV) BDBOSZertV Ausfertigung date: 17.12.2010 full quotation: "BDBOS Certification Regulation by December 17, 2010 (BGBl. I S. 2120)" footnote (+++ text detection from: 23.12.2010 +++) input formula on the basis of § 15 b paragraph 1 sentence 1 of the BDBOS Act, by article 1, paragraph 3 of the law of July 29, 2009 (BGBl. I p. 2251) is been inserted , ordered the Ministry of the Interior: § 1 subject of certification devices are subject of certification with specific, identifying the device hardware - and software features, which are intended for use in the digital radio of BOS. At Funkleitstellen, which act directly functional to the Control Center interface, only the directly to hardware and software components as part of the control center are certified.

Section 2 application (1) the grant of a certificate by the Federal Agency for digital communication of authorities and organisations with security tasks (Federal Agency) is made at the written request of the manufacturer or supplier, who is also in an electronic version. For such a request, use only the application forms published by the Federal Agency. The application must contain the following: 1. name and address of the applicant, 2. date of the application, 3. name and address of a reception place of the applicant in a Member State of the European Union or in another Contracting State to the agreement on the European economic area, 4. name and address of a contact person of the applicant who has the required expertise for the provision of technical information about the device to submit , 5. designation of to be certified device, in particular a) end device type according to BOS interoperability directives (BOS-IOP guidelines) pursuant to article 5 paragraph 2, b) end device name according to Herstellerproduktbezeich regulation, c) name and address of the manufacturer, provided that by way of derogation from point 1, d) hardware version number, e) software version number, 6 information on the optional BOS IOP policy features that are supported by the device, 7. Declaration by the applicant, that no rights of third parties oppose the use of the device body including all components in the digital radio of BOS , 8 indicating whether a full certification according to § 15a paragraph 2 of the BDBOS Act (certification) or a certification limited according to § 15a paragraph 3 sentence 2 and 3 of the BDBOS Act (Amendment certification), BOS test report according to § 7 paragraph 1 sentence 4 and other evidence of compliance with the requirements pursuant to § 15a paragraph 1 sentence 3 Nos. 1 and 2 of the BDBOS Act to be submitted according to the BOS IOP guidelines are 9 , the check were applied according to § 7, 10 proof of the competence of the inspection body in accordance with § 7 paragraph 1, sentence 1, 11 specify of the BOS IOP guidelines underlying the BOS report and the other evidence, as well as 12. Declaration by the applicant, that the use of the device does not violate paragraph 3 of the BDBOS law according to § 15a paragraph 1 sentence 3 other public regulations.
(2) if the end device to a part of a Funkleitstelle within the meaning of § 1 sentence 2, the applicant has to specify what composed this part.
(3) the template which in paragraph 1 set documentation referred to in 3 number 9 to 11 is not required, if the requirements of section 7, paragraph 3. The applicant has to present this case in the application the existence of these conditions.
(4) the Federal Agency is to process the requests in the order of they are received.

§ 3 change certification (1) a certification of change in can only be 1 to disable interfaces or optional features, 2. the activation or implementation of optional features, 3 in an adjustment required by the Federal Agency, in particular to address safety deficiencies, or 4 when an error correction and if at the same time ensures is that the device still meets the requirements according to § 15a paragraph 1 sentence 3 of the BDBOS Act. Error correction is to establish a State of the device, which could already be expected due to the customer's documentation of the manufacturer at the time of certification of the device.
(2) in addition to the information mentioned in paragraph 2 is required in an application for certification of change in addition, which change facts within the meaning of paragraph 1 exists in sentence 1 number 1 to 4, which change is made to the device and associated technical implications with the change. The application to change certification is prior to conducting the review pursuant to § 7. It is not required the application in section 2, paragraph 1, sentence 3 number 9 to 11 documents referred to to be attached.
(3) the Federal Agency the applicant shall in writing, whether the conditions for a change certification exist, and finally sets the audit scope. For the implementation of the review pursuant to § 7 a reasonable period of time is given to the applicant.
(4) after four consecutive change certification, a further change certification is excluded.

§ 4 display non-essential changes are (1) ads in accordance with § 15a paragraph 3 sentence 4 of the BDBOS law according to § 15a paragraph 3 sentence 4 of the BDBOS law immediately by manufacturers or suppliers to undertake, at the latest however immediately after you make of the change. The Federal Agency can make binding targets for the design of the display.
(2) a change is negligible, if it is ensured that she does not affect compliance with the requirements according to § 15a paragraph 1 sentence 3 of the BDBOS Act. A minor change is usually, if only changes on the housing of the device. Control Center components, also a replacement of hardware components can represent a minor change.
(3) the Federal Agency decides whether there is a minor change after receipt of the notification. The change is considered to be negligible, if the Federal Agency does not apply a different decision within a period of three months. It's a significant change, the Federal Agency inform in writing this the manufacturer or supplier with reference to § 15a paragraph 1 sentence 1 and paragraph 3 of the BDBOS Act.

§ 5 requirements and test criteria; BOS IOP policies (1) as far as the requirements for the terminal equipment not already arising from other public service regulations, be set them by the Federal. The Federal Agency also sets the test criteria, which is to demonstrate that a device meets the requirements. The Federal Agency can set what technical regulations as a generally accepted rules of technology are applicable.
(2) the Federal Agency in the form of BOS-IOP guidelines in particular makes known: 1 the performance characteristics specified for the individual end device types including the corresponding performance specifications, which refer to the ease of use, 2. the classification of individual performance characteristics as mandatory or optional, 3. the additional requirements to § 15a paragraph 1 sentence 3 No. 2 of the BDBOS Act, as well as 4 the criteria by which compliance is proven according to § 15a paragraph 1 sentence 3 Nos. 1 and 2 of the BDBOS Act.

§ 6 publication does not generally accessible information (1) the Federal Agency published the following information in a protected area on their website and makes them available upon written request: 1 binding targets for the design of the BOS report according to section 2, paragraph 1, sentence 3 No. 9, 2. mandatory requirements for the display of non-essential changes to article 4, paragraph 1 and 3 BOS IOP directives within the meaning of article 5, paragraph 2.
The Federal Agency in the Federal Gazette and on its Internet site points to the first publication and any change of the information listed in clause 1.
(2) for the authorities and organisations with security tasks, authorized pursuant to section 3 paragraph 2 of the provisions on frequency allocations to use for the operation of digital radio systems of the authorities and organisations with security tasks (BOS) in the frequency range 380 - 385 MHz and 390-395 MHz (radio standard digital radio of BOS) in conjunction with article 4, paragraph 1, the provisions for frequency allocations to use for the operation of radio equipment of the authorities and organisations with security tasks (BOS) (BOS radio policy) in the currently valid version on the use of digital radio of BOS are, the access to the information referred to in paragraph 1 about previously named federal and State response to. The Federal Government and each of the countries may designate up to three points of contact for each the Federal. The Federal agency may allow the designation of additional points of contact if this is necessary due to special circumstances. Manufacturers, suppliers and expert bodies have access to the information referred to in paragraph 1, if they prove a legitimate interest and comply with the necessary safety precautions, in particular the permission to view classified information. An access is excluded, if prevailing public interests, in particular security concerns of the Federal Republic of Germany, oppose him.

§ 7 review of the terminals (1) the devices are technically by an expert laboratory tested (check). These are the criteria to consider are designated BOS IOP's current policies or its immediate previous version in the at the time of the application for conducting the review. With regard to the scope of the requirements, which are to put the devices, even older versions of BOS IOP directives may be used provided that these comply with even the State of the art. The results of the review are to hold number 9 in the BOS report according to section 2, paragraph 1, sentence 3.
(2) the Federal agency may request the submission of additional documents in case of doubt on the expertise of the testing laboratory or to the accuracy or completeness of the BOS report created by the testing laboratory or perform even a supplementary review.
(3) by way of derogation from paragraph 1 sentence 1 may request the applicant validation of the device by the Federal agency with its application for certification if in individual cases is no suitable test available that can verify compliance with the requirements pursuant to § 15a paragraph 1 sentence 3 Nos. 1 and 2 of the BDBOS Act.

§ 8 obligations to cooperate of the applicant (1) the applicant has to give the Federal Agency at the latest with the request for grant and the necessary rights of use to pass one certificate free of charge two unique pieces of the device to be certified with customer documentation, as well as the equipment necessary for its operation. Sentence 1 shall not apply if the device is a part of a Funkleitstelle within the meaning of § 1 sentence 2.
(2) the applicant involved in the certification to the extent necessary, in particular through information and to provide documents relating to the review pursuant to paragraph 7. It ensures the required participation of third parties, in particular the inspection body appointed by him.

§ 9 certificate (1) a terminal will be certified if it meets the requirements listed in § 15a paragraph 1 sentence 3 of the BDBOS Act.
(2) the certificate includes at least the following information: 1. identification of the device according to section 2, paragraph 1, sentence 3 number 5 letter a to e, 2. performance characteristics of the device, which are the subject of the certification, 3rd version of BOS IOP policies and system technology, that the certification underlie.
(3) a collection is attached the certificate for a part of a Funkleitstelle within the meaning of § 1 sentence 2, which lists the hardware and software components, which is composed of the part.
(4) in the case of a certification of change in number 2 on the modified feature or the other components of the device affected by the change can be confined the certificate by way of derogation from paragraph 2. The change certification takes the form of a supplement or a supplement to the original certificate.
(5) the certificate can be fitted with ancillary provisions, in particular to review individual features and disable optional features that stand in the way of use of the device in the digital radio of BOS.
(6) the granting of the certificate is given in writing the applicant. The granting of the certificate as well as the information number is 1 and 3 referred to in paragraph 2 on the website of the Federal Agency released. Also the other disclosed by listed the points of contact, the Federal and State Governments to the Federal Agency who named in paragraphs 2 to 5. Expert bodies have access to the information mentioned in sentence 3 only if they prove a legitimate interest; they are not entitled to transfer of this information to third parties. An access is excluded, if prevailing public interests, in particular security concerns of the Federal Republic of Germany, oppose him.

§ The Federal of one of single units provided according to § 8, paragraph 1, sentence 1 returns 10 return from single pieces In case of the complete refusal of the certificate to the applicant. For withdrawal of the application, the federal returns both pieces to the applicant. The return takes place pursuant to sentence 1 or 2 at the headquarters of the Federal Agency.

§ 11 transitional provisions the transitional period according to § 15a paragraph 5 sentence 1 of the BDBOS Act ends on 31 December 2011.

Article 12 entry into force this regulation enter into force on the day after the announcement.