The Regulation on the Development of Law 31/1987 of 18 December on the Management of Telecommunications in relation to equipment, appliances, devices and systems referred to in Article 29 of that legal text, approved by Royal Decree 1066/1989 of 28 August 1989 incorporates into Spanish law Directive 86 /361/EEC of 24 July on the first stage of the mutual recognition of the approval of telecommunications terminal equipment and lays down the requirements for the and the procedure for the Administration to grant the certificate of acceptance by It is established that the equipment complies with the technical standards required and thus ensures the efficient operation of telecommunications networks and services.

Following the entry into force of this Regulation, successive Directives emanating from the European Community have introduced substantial changes in the assessment process, the conformity of telecommunications equipment. First, Directive 89 /336/EEC of 3 May on the approximation of the laws of the Member States relating to electromagnetic compatibility-incorporated into Spanish legislation by Royal Decree 444/1994 of 11 March 1994- takes the basic procedural aspects for the assessment of the conformity of the equipment to which it is applicable.

Second, Directive 91 /263/EEC of 29 April on the approximation of the laws of the Member States relating to telecommunications terminal equipment, including the mutual recognition of their conformity, Directive 86 /361/EEC and establishes new procedures for the certification of equipment.

as a result of the liberalization in the telecommunications sector, promoted by the Community bodies, it was necessary to amend the own Law 31/1987, of 18 December, of the Ordination of Telecommunications, by the Law 32/1992 of 3 December 1992. With regard to the certification of equipment, the current Article 29 no longer requires the certificate of acceptance to all the equipment which may be connected to the public telecommunications network, but only to those intended for this purpose, in addition to the equipment which uses the spectrum of radio frequencies or may disturb the normal operation of a telecommunications service. Article 29 (6) expressly recognises the equivalence of certificates issued by notified bodies from other Member States of the European Union, where there is a harmonised common standard, with the certificate of acceptance of equipment and apparatus.

Two more directives are relevant to the certification of equipment: 93 /68/EEC of 22 July, which amends, inter alia, Directive 91 /263/EEC, as regards the CE marking, and Directive 93 /97/EEC of 29 October 2000. concerning the equipment for satellite telecommunications earth stations, which complements Directive 91 /263/EEC.

It follows from the above that a new Regulation establishing the procedure for the certification of telecommunications equipment, incorporating the above Directives and repealing the procedures, is necessary. The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice did not have the right to vote in favour of the Court of Justice.

In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 19, 1996,

D I S P O N G O:

Single item.

The Regulation laying down the procedure for the certification of telecommunications equipment referred to in Article 29 of Law 31/1987 of 18 December 1994 on the Management of Telecommunications is hereby approved. is included as an attachment.

Additional disposition first.

The references to the Regulation on the development of Law 31/1987 of 18 December on the Management of Telecommunications in relation to equipment, appliances, devices and systems referred to in Article 29 of that text Legal, approved by Royal Decree 1066/1989, of 28 August, contained in the rules approved under the Law of Ordination of Telecommunications, will be understood made to the regulation approved by this Royal Decree, from its entry into force.

Additional provision second.

The procedure for the exercise of the sanctioning authority will be the one approved by Royal Decree 1773/1994 of 5 August, in which certain administrative procedures in the field of telecommunications are adapted to the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Regarding the perception of the rates and benefits and public prices that correspond to the provisions of the Law on the Management of Telecommunications, in Royal Decree 1017/1989, of July 28, by the that the fees and charges laid down in Law 31/1987 of 18 December, of the Management of Telecommunications, in the Royal Decrees of approval of technical specifications and in Royal Decree-Law 2/1996 of 26 January 1996, are regulated, certain public property assets managed by the General Administration of the State and the public authorities of the State, and in the Order of 10 October 1994.

Additional provision third.

The assessment of conformity with the electromagnetic compatibility requirements of electrical or electronic equipment, appliances, devices and systems referred to in Article 1 of the Regulation shall be governed by the provisions of the Regulation on Radio Disturbances and Interferences, approved by Royal Decree 138/1989 of 27 January 1989 and by Royal Decree 444/1994 of 11 March 1994 laying down the procedures for the assessment of conformity and the protection requirements relating to electromagnetic compatibility of the equipment, systems and installations, in the aspects that apply to it.

Additional provision fourth.

The Spanish technical specifications already approved may be modified by the Order of the Minister of Public Works, when required by the technological evolution of the sector.

First transient disposition.

Laboratories may continue to be accredited, as a general rule, as set out in Articles 20 to 24 of the Regulation adopted by Royal Decree 1066/1989 of 28 August 1989 until the entry into force of the Order refers to Article 31 of the Regulation which is approved by this Royal Decree.

Second transient disposition.

The laboratories accredited under the Regulation approved by Royal Decree 1066/1989 of 28 August, will keep in force their accreditation in the conditions granted to them until the expiry date of the same.

Transitional provision third.

The certificates of acceptance and radio acceptance issued, respectively, in accordance with the Regulation adopted by Royal Decree 1066/1989 of 28 August 1989 and Royal Decree 2704/1982 of 3 September 1982 on possession and use of radio equipment and apparatus and conditions for the establishment and regime of radio stations, shall continue to be valid until the expiry date of each certificate issued, subject to the provisions of the Regulation approved by this Royal Decree.

As of the entry into force of this Regulation, all acceptance certificates will be issued as set out in this Regulation.

Transitional disposition fourth.

The equipment, apparatus, devices and systems for which the certificate of acceptance has been applied for in accordance with the provisions of the Regulation approved by Royal Decree 1066/1989 of 28 August 1989, The entry into force of this Regulation shall, at the end of the procedure, obtain the type-examination certificate and must comply with the provisions of this Regulation for obtaining the certificate of acceptance.

Transient disposition fifth.

Without prejudice to the provisions of the derogating provision, the Order of 21 March 1986, for the development of Royal Decree 2704/1982, for which the Rules of Procedure of the Amateur are adopted, will continue to be in force until approve the Order to adapt the specific regulation of this service to the provisions of the Implementing Regulation of Law 31/1987 of 18 December, of the Management of Telecommunications, in relation to the public radio domain and the value added services using that domain, approved by Royal Decree 844/1989, of 7 of July, and in the Rules of Procedure adopted by this Royal Decree.

By way of derogation from the above paragraph, radio communications equipment intended exclusively for use by radio amateurs and available in shops shall have a period of two years from the date of entry into force of this Regulation. This Regulation should be adapted to the provisions of this Regulation.

Transitional disposition sixth.

terrestrial satellite communications stations incorporating exclusively reception functions shall have a period of six months in which to comply with the certification procedures laid down in Article 24, with the exception of the equipment covered by the acceptance certificates indicated in the third transitional provision.

Transitional disposition seventh.

The entries made pursuant to the Order of 23 February 1990 governing the Registration of Manufacturers, Importers or Traders of Equipment, Equipment, Devices or Telecommunications Systems, to which the Royal Decree 1066/1989 of 28 August 1989 will continue to be valid for the certificates of acceptance already issued, until the expiry date of these certificates.

Single repeal provision.

1. The following provisions are repealed:

1. Royal Decree 1066/1989 of 28 August 1989 on the implementation of the Regulation on the development of Law 31/1987 of 18 December 1987 on the Management of Telecommunications in relation to equipment, appliances, devices and systems referred to in Article 29 of that legal text, without prejudice to the provisions of the first transitional provision.

2. Royal Decree 2704/1982 of 3 September on the holding and use of radio equipment and apparatus and conditions for the establishment and regime of radio stations.

3. Article 32 of the Technical and Service Regulations of the Television Service by Satellite and the Service of the Porter Service, approved by Royal Decree 409/1993, of March 18.

4. Order of 2 December 1986 regulating the procedure for obtaining the certificate of radio acceptance of radio equipment and apparatus.

5. Order of 18 October 1989 approving the models of the certificate of acceptance and declaration of the manufacturer referred to in Royal Decree 1066/1989 of 28 August 1989.

6. Order of 23 February 1990 governing the Registration of Manufacturers, Importers or Traders of Equipment, Equipment, Devices or Telecommunications Systems, as referred to in Royal Decree 1066/1989 of 28 June 1990, of August, without prejudice to the provisions of the seventh transitional provision.

2. All provisions of equal or lesser rank shall be repealed as set out in this Royal Decree.

Final disposition first.

The Minister of Public Works is authorised to amend the models set out in the Annexes to the Regulation in order to adapt them to Community legislation.

Final disposition second.

The Minister of Public Works will be able to dictate how many provisions are necessary for the development and implementation of this Royal Decree.

Final disposition third.

This Royal Decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid to July 19, 1996.

JOHN CARLOS R.

The Minister of Development,

RAFAEL ARIAS-SALGADO MONTALVO

REGULATION LAYING DOWN THE PROCEDURE FOR THE CERTIFICATION OF TELECOMMUNICATIONS EQUIPMENT REFERRED TO IN ARTICLE 29 OF LAW 31/1987 OF 18 DECEMBER 1987 ON THE MANAGEMENT OF TELECOMMUNICATIONS

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The purpose of this Regulation is to establish the procedure for the assessment of conformity with the technical specifications or standards of the telecommunications equipment referred to in Article 29 of Law 31/1987 of 18 December 1987. Management of Telecommunications.

2. The scope of this Regulation shall be extended to equipment, apparatus, devices and systems of any nature using the spectrum of radio frequencies, intended to be connected directly or indirectly to points the termination of a public telecommunications network in order to send, process or receive signals, or to disturb the normal operation of a telecommunications service.

Article 2. Definitions.

For the purposes of applying this Regulation, the following definitions shall apply:

a) Public telecommunications network. The public telecommunications infrastructure which enables the transmission of signals between network termination points, defined either by cables or by hertzian waves, either by optical means or by other electromagnetic means.

b) Terminal equipment. Equipment intended to be connected to a public telecommunications network, that is, to be directly connected to the termination points of a public telecommunications network, or to interoperate with a public telecommunications network, being connected directly or indirectly to the termination points of that network, in order to send, process or receive information.

c) Team of terrestrial satellite communications stations. Equipment which can be used either for transmission only, either for transmission and reception (transmission-receiver) or for reception only, for radio communication signals via satellites or other space systems, excluding equipment from satellite communications ground stations built specifically for use as part of the public telecommunications network.

d) Land connection to the public telecommunications network. Any connection to the public telecommunications network that does not include any space span, for the previous stations.

e) Technical specification. The specification in a document defining the required characteristics of a product, such as the quality levels or the properties of its use, safety, dimensions, including the rules applicable to the product in which it is refers to terminology, symbols, tests and methods of testing, packaging, marking and labelling.

f) Common technical regulations. The provision by which harmonised standards or part of those standards which meet the essential requirements, other than those relating to the safety of users or employees of the users, are put into effect with a binding nature. public telecommunications networks, the reference of which has been published in the Official Journal of the European Communities.

g) Harmonised standard. Technical specification adopted by a recognised European standardisation body, drawn up in accordance with a mandate from the European Commission. The technical specification may be a European standard or a harmonisation document.

h) Marketing. First placing on the market of the European Union, for distribution or use, of an apparatus, equipment or system manufactured in the territory of the Union or imported from a non-member country.

i) Notified Body. Body designated by the Ministry of Public Works or by the competent authorities of other Member States to certify conformity with the essential requirements required of terminal equipment and which has been notified to the European Commission and published in the Official Journal of the European Communities.

Article 3. Essential requirements.

Essential requirements are those which, in any case, must satisfy the terminal equipment for conformity assessment. These requirements are:

(a) Those relating to the safety of the user and the safety of employees, in so far as they are not provided for in Directive 73 /23/EEC of 19 February.

(b) Those concerning the safety of employees of public telecommunications network operators, in so far as they are not provided for in Directive 73 /23/EEC of 19 February.

c) Electromagnetic compatibility requirements, to the extent that they are specific to terminal equipment.

(d) The protection against damages to the public telecommunications network.

e) Those that ensure the efficient use of the spectrum of radio frequencies, where appropriate.

(f) Those enabling the interworking of the terminal equipment with the public telecommunications network equipment in order to establish, modify, assess, maintain and delete actual or potential connections.

g) Those that allow the interworking of terminal equipment through the public telecommunications network, in justified cases. In this respect, justified cases shall be considered if the terminal equipment supports a service reserved in accordance with the European Union's right or a service which, by decision of the Council of the European Union, must be available Community.

For satellite earth station equipment, the following are essential requirements:

(h) Those relating to the safety of persons in the same way as laid down in Directive 73 /23/EEC of 19 February.

i) Those relating to the efficient use of orbital resources and the suppression of harmful interference between space and terrestrial communications systems and other technical systems.

Article 4. Need for certification.

1. For the placing on the market of terminal equipment subject to common technical regulation, the corresponding certificate of acceptance shall be obtained in accordance with the terms laid down in this Regulation.

2. For the import, manufacture in series for the domestic market, sale or exhibition for sale, within the national territory, of any apparatus, equipment, device or system intended to connect to a public network of telecommunications, use radio spectrum or be able to disturb the normal operation of a telecommunications system, with the exception of those indicated in the number 1 of this article, it will be necessary to have obtained the certificate of acceptance or equivalent, in accordance with the provisions of this Regulation.

3. The Telecommunications Administration may require that the connection to the telecommunications networks of the equipment referred to in this Regulation be carried out only by an approved installer, as laid down in the rules which Article 23 (4) of the Law on the Management of Telecommunications is developed.

Article 5. Equipment capable of connecting to a public telecommunications network.

1. The destination of equipment capable of connecting to a public telecommunications network shall be declared by the manufacturer, importer or marketer. In the absence of such a declaration, the equipment shall be presumed to be intended to be connected to the public telecommunications networks.

2. For the marketing of equipment capable of connecting to public telecommunications networks, but not intended for that purpose, it shall be a requirement that the manufacturer, importer or marketer has submitted to the Administration for telecommunications, in addition to the instruction manual, a statement indicating that the equipment is not intended to be connected to any such network, unless it is applied by another Member State of the European Union the requirements set out in Article 16.4 of this Regulation. The declaration shall be made in accordance with the models in Annexes II or III on the basis of the declared market of destination.

3. Where the model referred to in Annex II is used, the reference to Directive 91 /263/EEC on the approximation of the laws of the Member States relating to telecommunications terminal equipment, including the mutual recognition of their conformity, unless the equipment is included in the following paragraph 4.

4. The declaration referred to in the previous paragraph, for the case of satellite earth stations, shall be made by indicating that the equipment in question is not intended for terrestrial connection to a public telecommunications network.

5. In the case referred to in the previous paragraph, the model set out in Annex II shall refer to Directive 93 /97/EEC, supplementing Directive 91 /263/EEC as regards the equipment of terrestrial stations of satellite communications.

6. Equipment intended to be connected to public telecommunications networks, for the purposes of applying this Regulation, shall be deemed to be connected with the use of a system of connection with the network using the radio spectrum. lectrico.

7. In addition to the warranty and handling instructions that must accompany all the units for marketing, it will be necessary to attach a full reproduction of the declaration corresponding to those mentioned in this article.

8. The manufacturer, importer or marketer must be able to justify to the telecommunications administration the declared destination of the equipment, according to its technical characteristics and functions, as well as the market segment to which it is intended.

9. The telecommunications administration shall take all appropriate measures to prevent the connection to the public telecommunications networks of equipment placed on the market under paragraphs 2 and 4 above, where it has been declared that are not intended for such connection, not allowing the placing on the market of equipment which, without being altered, may be used for other purposes than those declared by the manufacturer, importer or marketer.

Article 6. Competence.

1. The references contained in this Regulation to the Administration in general or to the Administration of Telecommunications shall be construed as being made to the Ministry of Public Works, which shall exercise them through the Directorate General of Telecommunications.

2. According to the definition set out in Article 2, the body designated by the Ministry of Public Works as a notified body in Spain is the Directorate-General for Telecommunications.

Article 7. Consumers and users.

The Consumer and Users ' Council will be involved in the procedure for drawing up the provisions for implementing this Regulation which will affect users and consumers, in accordance with the provisions of the Rules of Procedure. Council Regulation (EC) No

The Consumer and Users ' Board shall also be heard prior to the approvals of the Royal Decrees setting out the technical specifications applicable to the conformity assessment process identified in the Article 1.

Article 8. Technical specifications.

1. The Government, acting on a proposal from the Minister for Public Works, shall adopt the technical specifications to ensure the efficient operation of telecommunications services and networks, as well as the proper use of radio spectrum, in (a) relationship with telecommunications terminal equipment and equipment, appliances, devices and systems of any nature using the spectrum of radio frequencies or which may disturb the normal operation of a service telecommunications.

2. The common technical regulations of the telecommunications terminal equipment adopted by the European Commission, applicable to the equipment referred to in this Regulation, shall be the same as those defined in paragraph 1. once the corresponding reference has been published in the "Official State Gazette".

CHAPTER II

Acceptance Certificate

Article 9. Definition.

You will receive the certificate of acceptance certificate of the resolution certifying that the equipment, apparatus, devices and systems comply with the technical specifications that apply to them and will be issued in the form established in this Regulation.

Article 10. Preconditions.

1. The issue of the certificate of acceptance shall require the prior approval of the technical specifications applicable to equipment, appliances, devices and systems for which it is requested.

2. Where there is no approved technical specification which is applicable to a device, apparatus, device or system, the telecommunications administration may issue acceptance certificates prior to the relevant checks and with the limitations of use provided for in this Regulation.

Article 11. Marked.

1. Prior to their placing on the market, the equipment, apparatus, devices or systems of telecommunications referred to in this Regulation must be affixed, by indelible printing, recorded, recorded, or by the fixing of a label of sufficiently resistant material, or otherwise preventing its loss or modification, the plate or flag, in each case, as detailed in Annex I.

2. Equipment, appliances, devices and telecommunications systems shall be identified by their manufacturer by reference to the type, lot or serial numbers and name of the manufacturer or supplier responsible for placing them on the market.

Article 12. Administrative authorisation.

The certificate of acceptance issued by the notified body for terminal equipment intended to connect to a public telecommunications network includes the administrative authorization permitting the connection of the equipment terminal to that network.

(a) the public telecommunications network or public telecommunications authorities may not object to the connection to their networks of telecommunications terminal equipment which are in possession of the corresponding certificate of acceptance.

CHAPTER III

Inspection

Article 13. Control and inspection.

1. The telecommunications administration shall carry out, or carry out, in factories, distribution stores, outlets and other places where the activities referred to in this Regulation are carried out, controls on equipment, appliances, devices and telecommunications systems, in order to verify that all the technical characteristics under which the certificate of acceptance was granted are maintained.

To this end, the acting inspectors may randomly choose equipment, appliances, devices or systems and, subject to the lifting of the inspection report, withdraw them for a maximum period of 30 days to carry out the controls that are necessary. After this deadline, and in the case of conformity, the equipment, devices, devices and systems withdrawn shall be returned to origin, with the report issued in this respect.

2. Pursuant to Article 31 of the Law on the Management of Telecommunications, the holders of the services and activities referred to in this Regulation are obliged to provide the inspection staff with all the means necessary to ensure that they are precise for the performance of his duties. According to the provisions of Article 33.2.d) of the Law on the Management of Telecommunications, the refusal to be inspected or the obstruction and resistance to the inspection shall be considered to be very serious and may give rise to the imposition of the penalties provided for in Article 34 of that Law.

3. In the case of checks carried out, or as a result of verified inspections or complaints, the telecommunications administration finds that certain equipment, equipment, devices or telecommunications systems are imported or marketed in Spain without maintaining the technical characteristics under which the certificate of acceptance was granted, all effects shall be considered as not covered by that certificate and the person importing or marketing the equipment be responsible in solidarity, with the manufacturer, for the fulfilment of the responsibilities and obligations are derived from their use.

If the equipment is marked in accordance with the model set out in paragraph 1.2 of Annex I to this Regulation and is found not to satisfy the essential requirements applicable to it, the European Commission shall be informed immediately, indicating the results of the verification and, in particular, whether the non-compliance is due to incorrect application of the harmonised standards and common technical regulations or to deficiencies in such standards or regulations. Once the Commission's report on the suitability of the measures put into effect as a result of these facts has been received, the Commission and the other Member States shall be informed of the appropriate measures to be taken against them. members.

In any event, the Telecommunications Administration may take appropriate action to remove equipment from the market or to prohibit or limit its marketing.

4. Irrespective of the provisions of the previous paragraph, the telecommunications administration shall direct its actions against those who were the origin of the detected alteration, as being responsible for an infringement of those established in the Article 33 of the Law on the Management of Telecommunications.

For these purposes, the non-declaration of the destination of the equipment or the use of the equipment for purposes other than those intended, shall be taken into account for non-compliance with the obligations of the manufacturers, importers or distributors of telecommunications equipment or apparatus, according to Article 33 of the Law on the Management of Telecommunications.

Article 14. Seizure of equipment.

1. Equipment and equipment seized pursuant to Article 34.2 of the Law on the Management of Telecommunications, as provided for in this Regulation or in other provisions of that Law, when they may be the subject of trade, shall be The Ministry of Economy and Finance has been working on the Ministry of Economy and Finance under the State Heritage legislation. Such disposal shall be carried out when the penalty decision on which the seizure originates is signed.

Seized equipment and apparatus that cannot be traded, in application of the current legislation, shall be in the form and conditions of the preceding paragraph, after inuse for the prohibited use made before two officials of the Telecommunications Administration who will take up the act.

The proceeds from these taxes will be paid to the Treasury in the form provided for in the specific regulations for the development of the Law on the Management of Telecommunications.

Where certain seized equipment and apparatus may be used for the purposes of the Administration, the provisions of the preceding paragraphs may not be applied, and the same shall be affected by the Administration to use them.

2. In cases where the return of previously seized equipment or telecommunications equipment is necessary, the heads of the units of the Directorate-General of Telecommunications which have them entered shall require their owners to within six months from the day following that of the notification, they shall withdraw them and, where appropriate, become duly sealed.

The above notification will indicate that the simple return does not empower the use of the equipment or apparatus, which will be made, in any case, in accordance with the provisions of the Law on the Management of Telecommunications and provisions that the development.

The affected units will extend a receipt with the delivery diligence where the precise data identifying the equipment or apparatus in question (mark, type, model, etc.), the place and date of the delivery, and the date on which it is carried out return, as well as the full name, number of the national identity card, address and signature of the recipient.

After that period without the person concerned having removed the seized equipment or apparatus, the computation for the acquisition of the acquisition will be initiated in favor of the State, in accordance with the provisions of Article 25 of the Law of The State's assets, in this case, as provided for in the previous paragraph.

Article 15. Improper marking.

The marking as described in Article 11, carried out on equipment which is different from an approved type, or which is in conformity with an approved type does not comply with the technical specifications applicable to it, or in the case of the manufacturer issues a declaration not under the right under the procedure chosen for obtaining the certificate of acceptance, shall be regarded as a very serious infringement in accordance with the provisions of Article 33.2.h of the Law on Ordination of Telecommunications. For these purposes, the manufacturer shall have the consideration of a wholesale marketer when putting equipment for the first time on the market.

CHAPTER IV

Mutual Recognition

Article 16. Recognition of certificates.

1. The certificate of acceptance shall be equivalent to the document certifying the conformity of the telecommunications terminal equipment intended to be connected directly or indirectly to the public telecommunications networks, obtained of a notified body of a Member State of the European Union, in accordance with:

(a) An EC type-examination, accompanied by an EC declaration of conformity with the type or quality assurance of production which includes an EC declaration of conformity with the type, or

(b) An approval of the total quality assurance system, followed by an EC declaration of conformity.

For this purpose, in obtaining the EC type-certificate, the conformity with the essential requirements which apply to the terminal equipment, as referred to in Article 3 of this Regulation, must have been assessed.

2. For the purposes of placing on the market in Spanish territory, the terminal equipment referred to in paragraph 1 must bear the marking laid down in Directive 93 /68/EEC of 30 August 1990 amending Directive 91 /263/EEC of 29 April. This marking shall be as set out in point 1.2 of Annex I to this Regulation, including the identification number of the notified body responsible for the assessment, in accordance with the requirements laid down in the Directive. 91 /263/EEC of 29 April and Directive 93/97 of 29 October, in accordance with the procedures laid down therein, instead of the number indicated in the said Annex.

3. Without prejudice to the above paragraph, the terminal equipment identified therein may be marked as indicated in Directive 91 /263/EEC of 29 April 1997 until 1 January 1997.

4. Similarly, telecommunications equipment capable of connecting to public telecommunications networks, but not intended for that purpose, may be placed on the market in Spain, which fulfil the following obligations:

(a) A declaration has been submitted in accordance with the model in Annex II to a notified body in the Member State where it was first placed on the market.

(b) bearing the marking set out in Annex I, paragraph 1.14.

Furthermore, the manufacturer, importer or marketer must be able to justify to one of the notified bodies of the Member States of the European Union the declared destination of the equipment on the basis of its technical characteristics and its functions, as well as the market segment to which it is intended.

Article 17. Recognition of evidence.

1. Tests carried out on telecommunications terminal equipment in accordance with national standards which meet the essential requirements, in designated laboratories of the Member States, provided that such standards guarantee an equivalent level The essential requirements laid down in the Spanish technical specifications shall be equivalent to those made by designated Spanish laboratories for the purpose of issuing the corresponding certificate of type examination by the Administration The Spanish telecommunications industry.

2. Tests carried out on telecommunications terminal equipment, in accordance with common technical regulations, in designated laboratories of the Member States appearing on the lists published in the Official Journal of the European Communities European ', shall be considered equivalent to those carried out by the designated laboratories in Spain for the purpose of issuing the type examination certificates.

3. Where, in the assessment carried out by the Spanish notified body, there is no laboratory designated in Spain with sufficient capacity to carry out tests on telecommunications equipment to enable it to assess its conformity with the standards or technical specifications applicable thereto, tests carried out in designated laboratories of the Member States of the European Union may be considered equivalent to those carried out by the designated laboratories in Spain, the effects of the issue of the type examination certificates.

CHAPTER V

Get acceptance certificate procedure

Article 18. Initiation.

1. The application for the certificate of acceptance shall be addressed to the telecommunications administration and may be lodged in the places specified in Article 38.4 of Law No 30/1992 of 26 November 1992 on the legal system of administrations. Public and the Common Administrative Procedure.

2. For terminal equipment for which a common technical regulation is applicable, the application shall be signed by the manufacturer or his authorised representative established in the European Union.

For the other teams to which this Regulation applies, the application shall be signed by the manufacturer or his authorised representative established in the national territory.

For the purposes provided for in this Regulation, the person shall be the natural or legal person who has sufficient power from the manufacturer to market his products on the national territory.

3. The application must be completed in accordance with the model set out in Annex IV and must be accompanied by the original supporting document for the payment of the fees (concept A), as laid down in the seventh provision of the Law on the Management of Telecommunications.

Article 19. Documentation required.

1. The certificate of acceptance shall be issued as a result of the submission by the applicant of the certificate, of the relevant documents certifying the completion of the procedure chosen for the assessment of the conformity of the equipment, which shall be one of the following: of the following:

a) DC Procedure. Documents to be submitted:

Certificate of type examination accompanied by the declaration of conformity with the type, as set out in Chapters VI and VII.

b) CP Procedure. Documents to be submitted:

Certificate of type examination accompanied by a declaration of approval of a production quality system as detailed in Chapters VI and VIII.

c) CT procedure. Document to be presented:

Statement of compliance with a total quality assurance system for the design, manufacturing, inspection and final testing process, as detailed in Chapter IX, for the equipment to be certified.

2. The applicant for the certificate of acceptance shall clearly indicate the procedure chosen for the conformity assessment, as well as the person responsible for the declaration of conformity with the type and shall certify to the Administration the relationship between the two, if not the same person.

3. Where the certificate of acceptance of the telecommunications terminal equipment is issued after having assessed the conformity with the essential requirements referred to in paragraphs (a) and (b) and (h) where appropriate, those referred to in Article 3, and with the common technical regulations applicable to them, the type examination certificates and the declarations of conformity referred to in paragraph 1 shall be referred to as EC type-examination certificates and EC declarations in accordance with the type, respectively.

4. If the documentation submitted by the applicant does not meet the conditions required for the application of the certificate of acceptance, the person concerned shall be required to subsane the faults or accompany the documents within a period of 15 days. (a) the application of the law of the European Commission of the European Commission of the European Commission of the European Commission of the European Commission of the European

Article 20. Regulations.

1. The certificate of acceptance for telecommunications terminal equipment shall be issued in accordance with:

(a) Spanish standards incorporating the relevant harmonised standards, containing the essential requirements contained in paragraphs (a) and (b), and (h) where appropriate, in accordance with the definitions of the same requirements set out in the Article 3. In their absence, Spanish standards or technical specifications containing such essential requirements, and

(b) Common technical regulations containing the remaining essential requirements provided that the provisions of Article 8.2 of this Regulation are complied with. In their absence, Spanish standards or technical specifications containing those essential requirements.

2. For the rest of the equipment, apparatus, devices and systems not included in the previous paragraph, the certificate of acceptance shall be issued in accordance with European standards incorporated in Spanish legislation or, failing that, to standards or Spanish technical specifications.

Article 21. Conditions of the certificate.

1. If the certificate of type examination has been issued with the limitations referred to in Article 29 (3) of this Regulation, the certificate of acceptance issued on the basis of standard or standard examination certificates Spanish technical specifications shall include limitations on the use of these types or models of equipment, appliances, devices or telecommunications systems.

2. The amendment or extension of the technical specifications or the rules referred to in Article 20 of this Regulation, which apply to a certified equipment, may include the expiry of the certificate of acceptance.

The Telecom Administration shall establish the time limit granted to the holder of the certificate of acceptance for obtaining a new one, and, in the event of a breach of the certificate, the certificate shall be stated to be expired. by administrative decision.

Article 22. Resolution.

1. The certificate of acceptance shall be issued by the Administration of Telecommunications within the maximum period of four months from the reference to that of all the documents necessary for the issue of the certificate.

If in the course of this period, or after twelve months from the entry of the application in any of the Records of the competent administrative body, the Administration has not given express resolution, the request issue of the certificate of acceptance may be understood to be dismissed.

2. The certificate of acceptance is personal, referred to and sent to the applicant of the same and published in the "Official State Gazette".

3. A copy of the certificate of acceptance shall be included in the instruction manual or in the information intended for the user of the certified equipment.

4. As a result of the issue of the certificate of acceptance, the equipment must be marked in accordance with the provisions laid down in Article 11. The instruction manual or the information intended for the user of the certified equipment shall indicate the standard or technical specification for which the certificate has been issued, indicating its reference, the title of the certificate, and version used.

5. The transfer of the rights of the certificate or the authorisation of use to a third party shall require, upon application by the parties concerned, the approval by the Administration of such transfer or authorisation and the obtaining of a new certificate.

The new certificate shall contain the personal data of the acquirer or transferee and shall replace the previous one or be compatible with that, in the case of transfer or authorisation of use, respectively.

6. The acceptance certificate shall specify the period of validity for which it is issued. The expiration of the same may be renewed for another period of validity. In no case, these periods will be in excess of ten years.

7. The model of the certificate of acceptance is set out in Annex VIII.

8. The renewal of an acceptance certificate shall be treated in the same way as a new one, it shall be requested as described in Article 18 of this Regulation and shall be issued after compliance with the requirements referred to in Article 19.

Article 23. Certification of receiving equipment.

1. Declaration of conformity with the technical specifications containing the essential requirements, issued by the manufacturer or his agent, of radio equipment incorporating exclusively reception functions and not intended for use to be connected to public networks, except those referred to in the following Article, shall be considered equivalent to the certificate of acceptance for the purposes laid down in this Regulation.

2. The declaration shall contain information on the rules applied, indicating the references thereof.

3. The model of declaration in accordance with the technical specifications is set out in Annex V.

4. The declaration of conformity with the technical specifications containing the essential requirements, as well as the technical documentation and the test reports according to which it is carried out, shall be made available to the Administration of the telecommunications and shall be maintained by the manufacturer or his authorised representative for a period of at least 10 years from the last date of manufacture of the equipment.

When neither the manufacturer nor his authorised representative is established in the European Union, the obligation to keep the technical documentation available shall be the responsibility of the person marketing the equipment.

5. The technical documentation shall enable the conformity of the equipment to be checked with the applicable technical specifications and shall contain at least:

a) A general description of the product.

(b) Design and manufacturing plans, lists of components, modules, circuits and other elements.

(c) The descriptions and explanations necessary to understand the above mentioned plans and lists and the operation of the product.

(d) A relationship of the technical specifications and test methods that have been applied or, in the absence of them, the technical file of construction and description of the solutions adopted to satisfy the requirements of the cited specifications.

e) The results of the design calculations performed and the controls performed, and

f) The reports of the tests performed on the equipment.

6. In addition to the guarantee and handling instructions which must accompany all the units for marketing, it is essential that the full reproduction of the declaration of conformity referred to in paragraph 1 of this Article is annexed. Article, which shall form an integral part of the documentation.

7. The procedure described in the preceding paragraphs shall be hereinafter referred to as the 'internal production control procedure'.

8. The above is without prejudice to the provisions of Royal Decree 444/1994 of 11 March 1994 laying down the procedures for the assessment of conformity and the protection requirements relating to compatibility with the provisions of Directive 94 /47/EEC. electromagnetic equipment, systems and installations, in the aspects that apply to it.

Article 24. Certification of satellite communications terrestrial stations.

1. Equipment for satellite earth stations, only receiving and intended for the terrestrial connection to the public telecommunications network, shall be subject, as far as the terrestrial interface is concerned, to the procedures (a) a certificate of approval referred to in Article 19, and in respect of the other equipment of that station, the manufacturer or his authorised representative may choose to obtain the certificate of acceptance by the general procedures referred to in Article 19; Article 19 or the internal production control procedure laid down in Article 23.

2. The manufacturer, or his authorised representative, of satellite earth station equipment which is not intended for the terrestrial connection to the public telecommunications network may choose to obtain the certificate of acceptance by the general procedures referred to in Article 19 or by the internal production control procedure laid down in Article 23.

3. Equipment for satellite earth stations which are not intended for connection to the public telecommunications network shall satisfy the requirements laid down in Article 5 of this Regulation, irrespective of the nature of the disposed in the

previous section.

The equipment referred to in paragraphs 2 and 3 of this Article shall satisfy the essential requirements laid down in Article 3 with the exception of those listed under paragraphs (b), (d), (f) and (g).

4. The manufacturer or his authorised representative who chooses to apply the procedures referred to in Article 23 for the equipment referred to in this Article shall extend a declaration of conformity in accordance with the model set out in Annex V to this Article. Regulation.

When neither the manufacturer nor his authorised representative is established in the European Union, the obligation to keep the technical documentation available shall be the responsibility of the person marketing the equipment.

5. The marking for this type of equipment is set out in Annex I, but the provisions of Article 16 (2) and (3) of this Regulation shall be taken into account.

CHAPTER VI

Type Exam Certificate

Article 25. Definition and application.

1. The type-examination certificate is the document by which the notified body certifies that a representative of the production (hereinafter referred to as the type) complies with the technical specifications applicable to it.

2. The application for the type-examination certificate, in Spanish, shall be sent to the Directorate-General for Telecommunications and may be submitted in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

For terminal equipment to which a common technical regulation applies, the application shall be signed by the manufacturer or his authorised representative established in the European Union.

For the other teams subject to this Regulation will be subscribed by the manufacturer or his authorized representative on national territory.

3. The application shall be made in a standardised model for that purpose, where it exists, and shall include, in accordance with the general requirements laid down in Article 70 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations. and the Common Administrative Procedure, the following concepts:

a) The object of the request.

b) Name and address of the applicant.

c) Identification of equipment, indicating manufacturer's name and address, description, brand and model or type of equipment.

d) Place, date and signature of the applicant.

e) The technical documentation described in paragraph 4.

(f) In the case of terminal equipment whose certification is requested in accordance with common harmonised standards and technical regulations, the applicant's statement specifying that no application has been made to another notified body of a Member State of the European Union for the purpose of obtaining an EC type-examination certificate for this equipment.

g) Where appropriate, certificates obtained in other States.

4. The technical documentation shall contain at least:

(a) A technical memory, written in Spanish, in duplicate, signed by a qualified technician, including:

1. The technical characteristics declared by the manufacturer.

2. The general description of the equipment that allows the identification of the product, including sufficient color photographs, in which the brand, model or type is identified internally and externally.

3. The design and manufacturing plans, as well as lists of components, subassemblies, circuits and other elements of the equipment.

4. The descriptions and explanations necessary for the understanding of the mentioned plans and the operation of the product.

5. A list of the most significant parts of the technical documentation that includes, at least, all the functionalities of the equipment to be certified.

(b) The results of the tests of technical specifications carried out by the manufacturer, if any.

c) Information intended for the user or manual of instructions proposed, in Spanish.

5. A standard model for the technical memory referred to in paragraph 4 of this Article may be approved by the Minister for Public Works, in order to facilitate his study and verification by the staff responsible for this.

6. The Telecommunications Administration may authorise certain parts of the technical documentation to be drawn up in other languages other than Spanish, when it considers that they are understandable by the staff responsible for processing them.

Article 26. Method for obtaining the same.

1. The notified body shall inform the person concerned of the defects found, if any, giving the person concerned a period of 15 days for his/her under-healing, indicating that, if he does not do so, he shall be given the right to by withdrawal of your request, filing your application without further processing.

Otherwise, or once the defects are remedied, you will notify you:

(a) The number of units to be submitted for the performance of the verification tests for compliance with the technical specifications.

(b) Regulation laying down the applicable technical specifications and test methods.

c) List of laboratories designated for the conduct of the tests.

This notification shall be accompanied by a copy of the technical documentation required by Article 25.4 which is suitably sealed by the Telecommunications Administration, in order to be presented to the laboratory. chosen for the conduct of the tests.

2. Upon receipt of the notification referred to in the preceding paragraph, the applicant shall submit it in the laboratory chosen from the list referred to in paragraph (c) of that paragraph.

3. The manufacturer and the applicant shall be independent of the laboratory to be tested.

4. The laboratory shall verify that the type presented for testing corresponds exactly to the type shown in the notification and in the technical documentation accompanying it.

The laboratory's technical opinion shall record any variation it has detected between the equipment submitted for the performance of the tests and the technical documentation, as well as the parts of the technical specification. which, being applicable to the equipment, have not been verified, indicating the cause.

5. The applicant shall forward to the notified body the opinion or technical opinions issued by the approved centres.

In accordance with the provisions of Article 92.1 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, if the applicant does not refer the opinion or opinions (a) the technical specifications referred to in the preceding paragraph within three months of the date of its issue shall be deemed to have been brought to a standstill, with the effects provided for in that Article.

Article 27. Alternative procedure for obtaining the type examination certificate.

1. Alternatively to the procedure described in the previous article for obtaining the type examination certificate, the manufacturer or his authorised representative may choose the procedure described below.

You must carry out the tests corresponding to the conformity assessment of the equipment for which you wish to obtain the type examination certificate in a laboratory designated by the Directorate General of Telecommunications, with character prior to the submission of the application.

Once the tests have been carried out, it shall attach to the application for the certificate the opinion or technical opinions issued by the laboratory.

The technical memory accompanying the application for the type examination certificate shall be sealed by the laboratory which has used it.

2. The notified body shall verify that the technical specifications applied are those required, in order to assess the relevant technical opinions.

Otherwise, the tests must be completed, after notification to the person concerned, with the same deadlines and consequences as in the general procedure referred to in the previous article.

3. Upon receipt of the technical documentation including the laboratory report, if complete, the procedure for the issue of the type examination certificate shall continue.

Article 28. Verification of compliance with technical specifications.

1. The notified body shall carry out, or carry out, the appropriate checks and tests necessary to verify whether the solutions adopted by the manufacturer meet the essential requirements referred to in paragraphs (a) and (b) and (h) of the Article 3 of this Regulation.

2. If modifications of the equipment submitted to tests for compliance with the technical specifications applicable thereto are necessary, the applicant shall forward to the notified body, with the opinion or technical opinions issued by the the appropriate laboratory, the appropriate part of the technical documentation.

3. The laboratory shall record in its technical opinion any modifications made by the equipment during the testing phase, specifying the extent of the tests.

4. In any event, the notified body reserves the right to request as many clarifications as it deems appropriate, including the repetition of the tests or the performance of those it deems necessary and has not been carried out.

Article 29. Issue of the type examination certificate.

1. The EC type-examination certificate shall be issued after the assessment of the conformity with the essential requirements which apply to the equipment to be certified.

2. The type-examination certificate shall be issued after the assessment of the conformity with the Spanish technical specifications which apply to the equipment to be certified.

3. In the absence of any technical specifications or laboratories designated for the verification of such specifications, examination certificates of type may be issued with the tests to be determined by the notified body.

The type examination certificate to be issued as a result of such tests must include these extremes.

4. The type-examination certificate or EC type-examination certificate shall be issued within the maximum period of eight months from the entry of the application in any of the Registers of the competent administrative body. If, in the course of this period, the Administration has not delivered an express decision, the application for the issue of the type-examination certificate may be deemed to be rejected.

5. The type-examination certificate or EC type-examination certificate shall include the name and address of the manufacturer, the conclusions of the inspection, the conditions of validity of the certificate and the data necessary for the identification of the type approved.

6. The certificate shall be accompanied by a list of the significant parts of the technical documentation and the notified body shall keep a copy.

7. The applicant shall inform the notified body of all modifications it intends to make to the equipment and may require a further certification to affect compliance with the essential requirements of the specification. the technique that is applicable or to the conditions of use of the equipment.

The notified body shall decide on the validity of the type-examination certificate already issued or on the need for further testing. In this case, the new approval shall be issued in the form of a supplement to the original type-examination certificate.

8. The notified body shall communicate to the other notified bodies of the European Union the relevant information concerning the EC type-examination certificates and their supplements issued or withdrawn, and may send copies thereof, upon request, to other notified bodies. In any event, the documentation relating to such certificates shall be kept at the disposal of those bodies.

9. The model of the type examination certificate is set out in Annex VI.

10. The number of the type examination certificate shall consist of six digits. The first four will indicate an order number and the last two will be the last two figures of the year of issue. This number shall be assigned by the notified body.

Article 30. Manufacturer's obligations relating to the documentation.

1. Together with the technical documentation, the manufacturer or his authorised representative shall keep a copy of the type-certificates and their supplements for at least 10 years from the last date of manufacture of the product.

2. Where the manufacturer and his authorised representative are not established in the European Union, the obligation to keep the technical documentation at the disposal of the administration shall be the responsibility of the person responsible for placing the product on the market. Community.

Article 31. Procedure for the designation of laboratories.

1. The notified body shall designate the laboratories to which the applicant may address the type examination certificate (or EC type-examination certificate) for the conduct of the tests to enable verification of compliance with the requirements of the technical specifications that are applicable.

2. The requirements and procedures for the designation of laboratories for the purpose referred to in the previous paragraph shall be laid down by the Minister for Development.

3. The designations to be carried out for the conduct of conformity assessment tests on equipment to which the essential requirements laid down in Article 3 of this Regulation apply shall be carried out in accordance with the requirements of this Regulation. Community provisions in this field.

4. The Administration shall decide on the applications for the designation of laboratories within a period of six months, after which they shall be deemed to be rejected in the absence of an express decision.

CHAPTER VII

Statement of compliance with type

Article 32. Concept and requirements.

1. The declaration of conformity with the type is the document by which the manufacturer or his authorised representative established in the European Union ensures and declares that the products in question are in conformity with the type described in the examination certificate of type and which comply with the provisions of this Regulation which apply to them.

This declaration shall be referred to as the 'EC declaration of conformity with the type' when it is carried out on a product which is in conformity with a type described in an EC type-examination certificate.

2. The model of this document is set out in Annex VII.

3. The manufacturer shall take the necessary measures to ensure that the manufacturing process ensures the conformity of the products manufactured with the type described in the type examination certificate and with the other requirements applicable to it.

4. The manufacturer or his authorised representative shall keep a copy of the declaration of conformity for at least 10 years from the last date of manufacture of the product.

5. Where neither the manufacturer nor his authorised representative is established in the European Union, the obligation to keep the declaration of conformity available shall be on the person responsible for placing the product on the market.

6. The notified body shall carry out or carry out checks on the product at random intervals at any of the distribution stages, in the warehouses or in the factories themselves. The holder may not refuse them and shall provide the means necessary to carry them out, assuming the costs incurred.

7. If the result of the checks carried out, or as a result of checks or complaints, is justified, the lack of conformity with the applicable technical specifications or other requirements laid down in this Regulation is justified. Regulation, the withdrawal of the product from the market will be ordered, as well as the cancellation of the certificate of acceptance, without prejudice to other actions that may be derived in accordance with the current legislation.

CHAPTER VIII

Statement with the type by the production quality assurance

Article 33. Definition.

1. The manufacturer who has chosen the CP procedure referred to in Article 19.1 of this Regulation shall make a declaration of conformity with the type (or EC declaration of conformity) after having been authorised by the body. notified as a result of having assessed the production quality system by the procedures described in the following Articles.

2. The model declaration of conformity with the type (or EC declaration of conformity) is indicated in Annex VII to this Regulation.

Article 34. Application for authorisation.

1. The application for the authorisation referred to in the preceding Article shall be addressed to the notified body and shall be submitted in any of the places referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure, and written in Spanish, shall include at least the following documentation:

(a) Technical description, containing all the information relating to the products manufactured for which the manufacturer intends to obtain the approval of the production quality system.

b) A description of the quality system used.

(c) Technical and commercial information of the types already approved, together with the reproductions of the type examination certificates issued and declarations of conformity with the type made.

2. The notified body shall inform the person concerned of the defects found, if any, giving the person concerned a period of 15 days for his/her under-healing, indicating that, if he does not do so, he shall be given the right to by withdrawal of your request, filing without further processing.

Article 35. Assessment of the quality of production system.

1. The notified body shall examine the documentation referred to in the previous Article and shall issue the authorisation referred to in Article 33 within a period of not more than six months after the relevant assessment of the quality of production system. proposed.

2. If, in the course of this period, the Administration has not delivered an express decision, the application referred to in Article 34 may be rejected.

3. The quality system shall ensure the conformity of the products with the type described in the type examination certificate and with the requirements applicable to them.

All the elements, requirements and provisions adopted by the manufacturer must appear in a documentation carried out in a systematic and orderly manner, in the form of measures, procedures and instructions, in written document. This documentation shall facilitate the uniform interpretation of quality programmes, plans, manuals and dossiers.

Contain, in particular, an appropriate description of:

(a) The quality objectives and the organization chart, the responsibilities and the competencies of the management staff of the company as regards the quality of the product.

(b) Manufacturing procedures, quality assurance and control techniques, processes and systematic measures to be used.

(c) The examinations and tests to be carried out before, during and after the manufacture and the frequency with which they are to be carried out.

(d) Quality dossiers, such as inspection reports and test and calibration data, reports on the qualification of the staff concerned, etc.

e) The means of verifying that the products achieve the necessary quality and that the functioning of the quality system is effective.

4. The notified body shall assess, or evaluate, the quality system to determine whether it satisfies the requirements referred to in the previous paragraph.

The team of auditors shall include at least one member who has experience in the assessment of the technology of the product concerned.

The assessment procedure will include an inspection visit to the manufacturer's premises.

The decision shall be communicated to the manufacturer by means of a notification containing the conclusions of the control and the reasoned decision of the assessment made.

5. The manufacturer shall undertake to comply with the obligations arising from the quality system, as approved, and to maintain it in a way that preserves its adequacy and effectiveness.

The manufacturer shall inform the notified body that it has approved the quality system of any adaptation it intends to introduce into the system.

The notified body shall evaluate the proposed amendments and decide whether the modified quality system continues to meet the requirements referred to in this Article, or whether a new assessment and authorisation is required. This decision shall be notified to the manufacturer and shall contain the conclusions of the control and the reasoned decision of the assessment.

6. The costs of the assessment of the quality system concerned shall be borne by the manufacturer.

7. Where the quality system used is in accordance with UNE 66902, certified by an approved certification body, or in the Member State of the European Union equivalent to that standard, the notified body shall presume that it is evaluated the quality system of the production indicated in the previous numbers.

8. The notified body shall, if necessary, complete the requirements set out in the preceding paragraphs in order to take account of the specific nature of the products to which this procedure applies and the same shall be assessed before to grant the authorisation referred to in paragraph 1 of this Article.

Article 36. Monitoring of the production quality system.

1. The purpose of the surveillance of the production quality system is to ensure that the manufacturer correctly fulfils the obligations of the approved quality system.

2. To this end, the notified body shall carry out inspections and audits on the quality system used at the manufacturer's premises. For these purposes, the manufacturer shall provide the documentation required and the unjustified obstacles or obstacles to the performance of this work may lead to the cancellation of the approved quality system and the corresponding certificates of acceptance issued. The costs arising from such inspections and audits shall be borne by the manufacturer.

3. The manufacturer shall keep the quality system unchanged in such a way as to maintain its adequacy and effectiveness, and must comply with the obligations arising from the quality system.

Article 37. Maintenance of the production quality system.

1. Any modification to be made to the approved quality system shall be previously authorised by the notified body, which may require the additional documentation it deems necessary.

2. The manufacturer shall keep at his premises, at the disposal of the notified body and for at least 10 years from the last date of manufacture of the product, the documentation referred to in Article 35 (3). introduced into the production quality system and the decisions and reports of the notified body referred to in paragraph 2 of the previous Article.

CHAPTER IX

Statement based on quality assurance of the design, manufacturing, inspection and final testing process of a product

Article 38. Definition.

The manufacturer who has chosen the CT procedure referred to in Article 19.1 of this Regulation shall make a declaration of conformity with a total quality assurance system of the design, manufacturing process, final inspection and testing of the product subject to the provisions of this Regulation.

Article 39. Quality system.

By Royal Decree the procedure of evaluation of the system of total quality assurance will be established, of the processes indicated in the previous article, which will be integrated as an annex to this regulation.

ANNEX I

Marking of equipment with acceptance certificate

1. Types of marking.

(a) For equipment certified according to Spanish standards or technical specifications, the marking to be carried out is indicated in Figure 1.

The format is divided into three fields:

1. Alphabetical field to the left with the letter "E" referring to Spain.

2. Alphabetical Field, consisting of "D.G. Tel." concerning the notified body.

3. º Alphanumerical field, divided into three subfields XX, XX, XXXX. The first subfield, starting from the left, constituted by two figures, to indicate year of expiry of the certificate.

The second subfield, with two digits, to indicate the year of issue of the certificate.

The third subfield consists of four figures, corresponding to the certificate extension order number.

(b) For terminal equipment certified in accordance with harmonised standards and common technical regulations incorporated in Spanish legislation, the marking to be carried out, referred to as EC, is indicated in Figure 2 and shall be constituted by the acronym "CE" and "0341" which is the identification number of the Directorate General of Telecommunications, followed by a symbol indicating that the equipment is intended to be connected to the public telecommunications network and is suitable for this purpose.

(c) For equipment which, in the absence of harmonised standards and common technical regulations, is likely to be connected to public telecommunications networks, but is not intended for this purpose, the marking to be carried out shall be indicates in Figure 3.

(d) For equipment which, in the form of harmonised standards and common technical regulations, is likely to be connected to public telecommunications networks, but is not intended for that purpose, the marking to be carried out is indicated in Figure 4.

e) Equipment for satellite earth stations, only receiving, not intended for terrestrial connection to the public telecommunications network and for which it has been applied for certification, the internal production control procedure, after having applied the essential requirements referred to in Article 3 for conformity assessment, the marking shall be composed of the CE symbol only, as shown in Figure 5.

2. Exceptions to marking.

The equipment referred to in Article 23 of this Regulation shall not place any specific marking as a result of the application of the provisions referred to in those Articles, except as referred to in paragraph 3 of this Annex.

3. Marking requirements.

(a) In the case of terminal equipment which is required to comply with other Community Directives other than those referred to in this Regulation and in which the affixing of the CE marking is available, such marking shall indicate that the teams also comply with the provisions of those other directives.

However, should one or more of those Directives allow the manufacturer to choose during a transitional period the system to be applied, the CE marking shall only indicate conformity with the provisions of the Directives. applied by the manufacturer. In such a case, the references of the directives applied must be included in the documents, brochures or instructions required by those directives and attach them to each terminal equipment.

b) The markings must be legible and visible with all sharpness. The affixing of markings which may mislead third parties in relation to the meaning of the logos listed in this Annex shall be expressly prohibited.

However, any other marking may be affixed to the equipment which does not reduce the readability or visibility of the above markings.

The manufacturer or his representative shall affix the markings provided for in this Annex in each of the products.

c) As far as the physical marking is concerned, the following must be taken into account:

1. In case of reducing or increasing the size of the marking, the proportions of the respective logos must be preserved.

2. º The different elements of the marking must have an appreciably equal vertical dimension, which shall not be less than 5 millimetres.

Figure 6 lists the layout details of the referenced markup types.

The Directorate-General for Telecommunications shall provide all information necessary for the conduct of the markings set out in this Annex.

ANNEX II

Model of the declaration for equipment capable of connecting to a public telecommunications network, but not intended for that purpose, for the Community market

Manufacturer/importer/marketer (1), declares that (2) is not intended to be connected to public telecommunications networks.

The connection of this equipment to public telecommunications networks in the Member States of the European Union constitutes a violation of the national legislation implementing the provisions of the Directive (3). relative to

(Place, date, and signature.)

------------------

(1) Name and address.

(2) Identification of equipment.

(3) the corresponding Directive and title thereof.

ANNEX III

Model of the declaration for equipment capable of connecting to a public telecommunications network, but not intended for that purpose, for the Spanish market

Manufacturer/importer/marketer (1), declares that (2) is not intended to be connected to public telecommunications networks.

The connection of this equipment to public telecommunications networks constitutes a violation of national legislation.

(Place, date, and signature.)

------------------

(1) Name and address.

(2) Identification of equipment.

ANNEX IV

Acceptance certificate request model

Requester:

Social name or reason:

Address:

Telephone: Fax: Identification Document (CIF/NIF): Represented legally by D. as a DNI/passport n. º REQUESTS to the Directorate General of Telecommunications of the Ministry of Public Works, the issuance of the certificate of acceptance for:

The team:

manufactured by:

in (State or geography):

mark:

model:

To do so, the procedure is welcomed [note the procedure chosen as detailed in article 18 of the Royal Decree, of ("Official State Gazette" number, de)].

(Place, date, and signature.)

ANNEX V

Declaration of compliance for receiver teams

Responsible for maintaining the declared technical specifications:

Social name or reason:

Address:

Phone: Fax:

Identification Document (CIF/NIF):

Declares that:

The team:

manufactured by:

in (State or geography):

mark:

model:

has built-in the following functionality and you are only:

And it conforms to the following telecom regulations:

(Place, date, and signature).

ANNEX VI

Type-examination certificate (*) model

By virtue of the provisions of the Regulation establishing the certification procedure for the equipment referred to in Article 29 of the Law on the Management of Telecommunications, approved by the Royal Decree, ("Official Gazette of the State" number, de), is issued by the Directorate General of Telecommunications this certificate (*) of type examination:

Equipment:

manufactured by:

at (home, city, country):

mark:

model:

for compliance with the following rules:

with the number:

XXXX XX

The following warnings are noted:

This certificate is invalid if it is not accompanied by a list of the significant parts of the technical documentation of the certified equipment.

And for the purposes of the Royal Decree, of ("Official State Gazette" number, de), to take place, I request this certificate.

(Place, date, and signature.)

------------------

(*) CE will be placed or left blank as the certificate type corresponds.

ANNEX VII

Declaration model (*) according to type

The one you subscribe to

(Name of the person responsible for maintaining the technical specifications on the basis of which the certificate of acceptance is granted)

(Social reason and address)

DECLARES, under its sole responsibility, that:

The team:

manufactured by:

in (State or geography):

mark:

model:

meets the technical specifications that have been verified in the type submitted under examination whose number of test (*) type is

(Place, date, and signature.)

------------------

(*) CE will be placed as appropriate.

ANNEX VIII

Acceptance Certificate Model

By virtue of the provisions of the Regulation establishing the procedure for certification for the equipment referred to in Article 29 of the Law on the Management of Telecommunications, approved by the Royal Decree of ("Official Gazette of the State" number, de), is issued by the Directorate General of Telecommunications this certificate of acceptance in favour of:

Social name or reason:

Address:

Phone: Fax:

Identification Document (CIF/NIF):

and with XX XX XXXX

A)

For the team:

manufactured by:

at (home, city, country):

mark:

and with certificate of type XXXX XX

model:

accompanied by:

a) Declaration (*) according to type performed by (DC):

Name:

Social reason:

Home:

City:

Province:

b) Statement (*) of production quality assurance (CP) made by:

Name:

Social reason:

Home:

City:

Province:

B)

Or total quality assurance (CT) statement:

For the team:

manufactured by:

at (home, city, country):

mark:

model:

accompanied by a statement of total quality assurance performed by:

Name:

Social reason:

Home:

City:

Province:

Each of the equipment covered by this certificate must incorporate the following markup:

(***)

in the form indicated in Annex I of the Royal Decree, of ("Official State Gazette" number, de).

The validity period of this certificate ends on//

And for the effects provided for in Article 29 of Law 31/1987, of 18 December, of the Management of Telecommunications, as amended by Law 32/1992, of 3 December, to take up the present certificate.

(Place, date, and signature.)

------------------

Note: The certificate will include only the heading A) marked with a) if the procedure chosen by the applicant has been the DC, the header A) with b) if it has been the CP procedure or the B header) if the chosen one has been the CT procedure.

(*) CE shall be affixed where appropriate, and in this case, this certificate incorporates the administrative authorization for the connection of the terminal equipment to the public telecommunications network, in the terms expressed in the Directive 91 /263/EEC or 93 /97/EEC according to the equipment in question.

(***) Markup corresponding to certificate type.