Royal Decree 1787 / 1996, Of 19 July, Which Approves The Regulation That Establishes The Procedure Of Certification Of Telecommunications Equipment Referred To In Article 29 Of The Act 31/1987, 18 December, Order...

Original Language Title: Real Decreto 1787/1996, de 19 de julio, por el que se aprueba el Reglamento por el que se establece el procedimiento de certificación de los equipos de telecomunicación a que se refiere el artículo 29 de la Ley 31/1987, de 18 de diciembre, de Orden...

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The rules of development of the Act 31/1987, 18 December, management of the telecommunication, computers, equipment, devices and systems referred to in article 29 of this legal text, approved by the Royal Decree 1066 / 1989 of 28 August, incorporates into Spanish law Directive 86/361/EEC, of 24 July on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment, establishes the requirements and the procedure for the Administration granted the certificate of acceptance that it is credited that computers meet the required technical standards, and thus to ensure the efficient operation of networks and telecommunication services.


Subsequent to the entry into force of this regulation, successive directives emanating from the European Community introduced substantial changes in the evaluation of conformity of telecommunications equipment. Firstly, the Directive 89/336/EEC of 3 may, on approximation of the laws of the Member States relating to electromagnetic compatibility - incorporated into the Spanish legislation by Royal Decree 444/1994 of 11 March - collects the basic procedural aspects for the evaluation of conformity of the equipment to which one is applicable.


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


As a result of the liberalisation in the telecommunications sector, driven by the Community institutions, it was necessary to modify the law 31/1987, of 18 December, telecommunications management, by law 32/1992, of 3 December. In what refers to the certification of equipment, the existing article 29 already does not require the certificate of acceptance to all computers that can connect to the public telecommunications network, but only to the intended for this purpose, in addition to the teams that use the radio spectrum or can disrupt the normal operation of a telecommunication service. That article 29, paragraph 6, expressly recognizes the equivalence of certificates issued by notified bodies of other Member States of the European Union, where there is a common standard harmonised, with the certificate of acceptance of equipment and appliances.


Two directives are more relevant with regard to the certification of equipment: the 93/68/EEC, of 22 July, amending, inter alia, Directive 91/263/EEC, in relation to the CE marking, and Directive 93/97/EEC of 29 October, concerning the stations of satellite communication equipment, supplementing Directive 91/263/EEC.


It derives the need for passing a new regulation laying down the procedure for the certification of telecommunication equipment, incorporating the above-mentioned directives and repealing the procedures laid down in the regulation approved by Royal Decree 1066 / 1989 of 28 August, replacing them with others that are adapted to the provisions currently in the management of the Telecommunications Act.


By virtue, on the proposal of the Minister of development, according to the Council of State and after deliberation by the Council of Ministers at its meeting of July 19, 1996, D I S P O N G O: only article.


Approves the regulation that establishes the procedure of certification of telecommunications equipment referred to in article 29 of the Act 31/1987, 18 December, management of telecommunications, which is included as an annex.


First additional provision.


References to the regulation of development of the Act 31/1987, 18 December, management of the telecommunication, computers, equipment, devices and systems referred to in article 29 of this legal text, approved by the Royal Decree 1066 / 1989 of 28 August, contained in the standards adopted in the development of the Telecommunication management law They shall be made to the regulation approved by Royal Decree, upon its entry into force.


Second additional provision.


The procedure for the exercise of the powers to impose penalties will be approved by Royal Decree 1773 / 1994, of 5 August, which fit certain administrative procedures in telecommunications to law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.


As to the perception of rates and economic performance and public prices that apply will be provisions in the law of management of telecommunication, in the Real Decree 1017 / 1989 of 28 July, which regulates rates and established canons in the Act 31/1987, of 18 December, management of the telecommunication in the Royal Decrees of approval of technical specifications and the Royal Decree-Law 2/1996 of 26 January, on certain public economic benefits managed by the General Administration of the State and public bodies it-dependent, and in the order of 10 October 1994.


Third additional provision.


The assessment of compliance with the requirements relating to electromagnetic compatibility of equipment, equipment, devices and electrical or electronic systems referred to in article 1 of the regulation shall be governed by the regulation on radio interference and interference, approved by Royal Decree 138/1989, of 27 January, and by the Royal Decree 444/1994 , 11 March, by which establish the conformity assessment procedures and the protection requirements concerning electromagnetic compatibility of equipment, systems and plants, in the aspects that may be applicable.


Fourth additional provision.


Already approved Spanish technical specifications may be modified by order of the Minister of development, when required by the technological evolution of the sector.


First transitional provision.


They may continue accrediting laboratories, as a general rule, as set out in articles 20 to 24 of the regulation approved by Royal Decree 1066 / 1989 of 28 August, until the entry into force of the order referred to in article 31 of the regulation that was approved by Royal Decree.


Second transitional provision.


Laboratories accredited under the regulation approved by Royal Decree 1066 / 1989 of 28 August, remain in force its accreditation in conditions which was granted until the date of expiration of the same.


Third transitional provision.


Acceptance and radio acceptance certificates issued, respectively, in accordance with the regulation approved by Royal Decree 1066 / 1989 of 28 August, and the Royal Decree 2704 / 1982, of 3 September, on possession and use of equipment and radio equipment and conditions for establishment and regime of radio stations, will continue to have validity until the date of expiry of each certificate issued being of application the regulation approved by Royal Decree.


From the entry into force of this regulation, all certificates of acceptance will be issued as set out therein.


Fourth transitional provision.


Computers, equipment, devices and systems for which it had requested the acceptance certificate pursuant to the provisions of the regulation approved by Royal Decree 1066 / 1989 of 28 August, at the time of entry into force of this regulation, be obtained at the end of the procedure, the type-examination certificate, and must comply with the provisions of this regulation to obtain the certificate of acceptance.


Fifth transitional provision.


Without prejudice to provisions repealing provision, the order of 21 March 1986, of development of the Royal Decree 2704 / 1982, which approves the rules of amateur stations, shall continue in force until such adoption order that suits the specific regulation of this service as provided in the regulations implementing the Act 31/1987 18 December, management of telecommunication, in relation to the Radioelectric public domain and value added services using that domain, approved by Royal Decree 844/1989, of 7 July, and in the regulation that was approved by Royal Decree.


Notwithstanding the provisions in the preceding paragraph, the radiocommunication equipment intended exclusively for use by amateur radio and available in stores, will benefit from within two years since the entry into force of this regulation to conform to the provisions of the same.


Sixth transitional provision.


Earth stations for satellite communications that incorporate only functions of reception will have a period of six months to conform to the certification procedures laid down in article 24, with the exception of the equipment covered by the certificates of acceptance referred to in the third transitional provision.


Seventh transitional provision.



The entries made under the order of 23 February 1990, which regulates the registration of manufacturers, importers or marketers of equipment, apparatus, devices or telecommunication systems, referred to in the Royal Decree 1066 / 1989 of 28 August, continue to have validity for acceptance certificates already issued, until the date of expiry of these.


Sole repeal provision.


1 the following provisions shall be repealed: 1 Royal Decree 1066 / 1989 of 28 August, which approves the regulations implementing the Act 31/1987, 18 December, telecommunications management, relating to equipment, equipment, devices and systems referred to in article 29 of this legal text, without prejudice to the provisions of the first transitional provision.


2nd Royal Decree 2704 / 1982, of 3 September, on possession and use of equipment and radio equipment and conditions for establishment and regime of radio stations.


3rd article 32 of the technical regulation and provision of satellite television service and service carrier support thereof, approved by Royal Decree 409/1993, of 18 March.


4th order of December 2, 1986 by which regulates the procedure for obtaining the certificate of radio equipment and radio apparatus acceptance.


5 order of 18 October 1989 to approve models of certificate of acceptance and Declaration of the manufacturer referred to in the Royal Decree 1066 / 1989 of 28 August.


6 order of 23 February 1990, which regulates the registration of manufacturers, importers or marketers of equipment, apparatus, devices or telecommunication systems, referred to in the Royal Decree 1066 / 1989 of 28 August, without prejudice to the provisions of the seventh transitional provision.


2. they are also repealed many provisions of equal or lower rank to oppose provisions of this Royal Decree.


First final provision.


The Minister of public works is authorized to modify models collected in the annexes to the regulation to adapt them to the Community rules.


Second final provision.


The Minister of public works may dictate how many provisions are accurate for the development and implementation of this Royal Decree.


Third final provision.


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


Given in Madrid on July 19, 1996.


JUAN CARLOS R.


The Minister of development, RAFAEL ARIAS-SALGADO MONTALVO regulation by which SE established EL procedure of certification of the equipment of telecommunication to that SE referred EL article 29 of law 31/1987, of 18 December, of management of telecommunication chapter I provisions general article 1. Object and scope of application.


1. this regulation aims to establish the procedure for the assessment of compliance with the specifications or technical standards for telecommunications equipment referred to in article 29 of the Act 31/1987, of 18 December, telecommunications management.


2. the scope of this regulation will be extended to equipment, equipment, devices and systems of any kind using the radio frequency spectrum, are intended to connect directly or indirectly to the points of termination of a public telecommunications network to send, process or receive signals, or may disturb the normal operation of a telecommunication service.


Article 2. Definitions.


For the purposes of the application of this Regulation shall mean: to) public telecommunications network. The public telecommunications infrastructure which permits the conveyance of signals between network termination points, well defined cables, by Hertzian waves, by optical means or by other electromagnetic means well.


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


(c) Earth stations for satellite communications equipment. Those teams which may be used, or for transmission only, or for transmission and reception (transceiver) and reception only, signals of radio communication by means of satellites or other space systems, excluding Earth stations of satellite communication equipment specially designed to be used as part of the public network telecommunications.


(d) terrestrial connection to the public telecommunications network. Any connection to the public telecommunications network that does not include any space section, for previous seasons.


(e) technical specification. The specification contained in a document defining the required characteristics of a product, such as levels of quality or properties of use, safety, dimensions, including the standards applicable to the product as regards terminology, symbols, testing and test methods, packaging, marking and labelling.


(f) common technical regulation. The provision that are put into effect, with mandatory character, the harmonized standards or part of those rules that collect the essential requirements, except those relating to the safety of users or employees of public telecommunications networks, whose reference has been published in the «official journal of the communities European».


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


(h) marketing. First placing on the market of the European Union, for its distribution or use of a device, equipment or system manufactured in the territory of the same 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 the conformity with the essential requirements to the equipment terminals and that it has been notified to the European Commission and published in the official journal of the European communities.


Article 3. Essential requirements.


They are essential requirements which, in any case, must satisfy the equipment terminals for the conformity assessment. These requirements are: a) the relating to the safety of the user and the safety of employees, insofar as they are not provided for in Directive 73/23/EEC of 19 February.


(b) as regards the safety of the employees of operators of public networks of telecommunication, insofar as they are not provided for in Directive 73/23/EEC of 19 February.


(c) requirements on electromagnetic compatibility, to the extent that are specific to terminal equipment.


d) the protection against damage to the public telecommunication network.


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


(f) those who ensure the interoperability of the terminal equipment with equipment of the public telecommunications network in order to establish, modify, price, keep and delete actual or potential connections.


(g) that ensure interoperability of equipment terminals through the public network of telecommunications, in justified cases. In this regard will be considered justified if the terminal equipment supports a reserved service in accordance with the law of the European Union or a service which, by decision of the Council of the European Union, should be community availability.


For equipment of satellite communications earth stations are also the following essential requirements: h) those relating to the safety of persons in the same way that you set in Directive 73/23/EEC of 19 February.


(i) 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 the certification.


1 for the marketing of equipment terminals subject to common technical regulation will be necessary to obtain the corresponding certificate of acceptance under the terms laid down in this regulation.


2. for import, into series production for the domestic market, sale or exposure for sale, within the national territory, of any apparatus, equipment, device, or system that is intended for connection to a public telecom network, use the radio spectrum or it might disturb the normal operation of a telecommunication system, with the exception of those indicated in number 1 of this article It will be essential to have previously obtained the acceptance certificate or its equivalent, in accordance with the provisions of this regulation.


3. the administration of telecommunications may require connection to telecommunications networks of the equipment referred to in this regulation is carried out only by authorized installer, as set out in the rules that develop article 23.4 of the management of the Telecommunications Act.


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



1. the fate of susceptible equipment connected to a public telecommunications network shall be declared by the manufacturer, importer or marketer. If there is no such declaration, shall be presumed that the teams are intended for connection to the public telecommunications networks.


2. for the marketing of susceptible equipment connected to the public telecommunications networks, but not intended for this purpose, it will be required that the manufacturer, importer or marketer has presented to the administration of telecommunications, as well as the instruction manual, a statement which stated that the team is not meant to connect to any of such networks except for being from another Member State of the European Union apply the requirements indicated in article 16.4 of this regulation. The Declaration will be made in accordance with the models in annexes II or III on the basis of the declared target market.


3. in the case of be made using the model shown in annex II, should be placed as a reference Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity, unless the equipment is between falling within paragraph 4 below.


4. the Declaration referred to in the preceding paragraph, in the case of satellite communications earth stations will be made indicating that the equipment in question are not intended for terrestrial connection to a public telecom network.


5. in the case referred to in the preceding paragraph, in the specimen contained in annex II will be referred to the Directive 93/97/EEC, that Directive 91/263/EEC as regards communications earth station equipment is complemented by satellite.


6. it is considered that, in any case, they are intended to be connected to the public telecommunications networks, for the purposes of this regulation, the teams that make use of a system of connection to the network that uses the spectrum radioe hazard.


7. in addition to the warranty and operating instructions that must accompany all units for marketing, it will be essential requirement which will attach a full reproduction of the statement that appropriate for the aforementioned in this article.


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


9. the administration of telecommunications shall take all appropriate measures to prevent connection to the public telecommunications networks of equipment sold on the basis of paragraphs 2 and 4 above, when declared that they are not intended for such a connection, not allowing the placing on the market of those teams that, without being altered, can be used for other purposes other than the declared by the manufacturer importer or marketer.


Article 6. Competencies.


1 references contained in this regulation in general administration or the administration of telecommunications shall be made to the Ministry of development, which will exercise them through the General direction of telecommunications.


2. in accordance with the definition contained in article 2, the agency designated by the Ministry of public works as a body notified in Spain is the General direction of telecommunications.


Article 7. Consumers and users.


The Council of consumers and users will participate in the procedure of the provisions for implementation of this regulation relating to users and consumers, in accordance with the provisions of the regulations of the Council.


In addition, the Council of consumers and users shall be heard prior to the approvals of the royal decrees establishing the applicable technical specifications in the conformity assessment process referred to in article 1.


Article 8. Technical specifications.


1. the Government, on the proposal of the Minister of public works, will approve technical specifications that permit to guarantee the efficient operation of the services and telecommunications networks, as well as the appropriate use of the radio spectrum, relating to telecommunications terminal equipment and the equipment, appliances, devices and systems of any nature using the radio spectrum or that can disturb the normal operation of a telecommunication service.


2 common technical regulations of the telecommunications terminal equipment adopted by the European Commission, applicable to the equipment as it referred to this regulation, have the same consideration than those defined in paragraph 1 above, once the corresponding reference has been published in the «Official Gazette».


Chapter II article 9 acceptance certificate. Definition.


You will receive the acceptance certificate name resolution that certifying equipment, equipment, devices and systems to meet technical specifications that are applicable and will be issued in the form established in this regulation.


Article 10. Preconditions.


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


2. in the case of absence of approved technical specification that is applicable to equipment, apparatus, device or system, the administration of telecommunications may be issued certificates of acceptance, prior checks relevant and with the limitations of use provided for in this regulation.


Article 11. Marking.


1. with prior to its commercialization, the equipment, devices, devices or telecommunication systems referred to in this regulation should be fixed by indelibly stamping, etching, silkscreen, either through the setting of a sufficiently strong material label, or otherwise preventing their loss or modification, plate or distinctive, in each case, as detailed in annex I.


2. teams, equipment, devices and telecommunication systems will be identified by its manufacturer by reference to the type, lot or serial numbers and name of manufacturer or supplier responsible for its commercialization.


Article 12. Administrative authorization.


Acceptance certificate issued by the notified body for terminal equipment intended for connection to a public telecom network includes administrative authorization that allows the connection of the terminal equipment to the network.


Networks or public telecommunications services concession entities may not object to the connection to their networks of computers telecommunications terminal which are in possession of the certificate of acceptance.


Chapter III inspection article 13. Control and inspection.


1. the administration of telecommunications shall make, or performed, in factories, distribution warehouses, retail outlets and other places where the activities referred to in this regulation controls equipment, appliances, devices and telecommunication systems, in order to check that all the technical characteristics whereby was granted the certificate of acceptance keep are developed.


So, acting inspectors officials can randomly choose equipment, apparatus, devices, or systems, and prior lifting of inspection report, shall withdraw them for a maximum period of thirty days to perform the controls that are necessary. After this deadline, and in case of conformity, equipment, appliances, devices and systems retired returned to origin, with the report issued in this regard.


2. in accordance with provisions of article 31 of the Telecommunication management law, holders of the services and activities referred to in this regulation are required to facilitate inspection personnel all the precise means for the exercise of their functions. Pursuant to article 33.2. d) the law of management of telecommunications, the refusal to be inspected or obstruction and resistance to acting Inspector you will have very serious consideration and it may give rise to the imposition of the sanctions provided for in article 34 of this law.


3 If the controls, or as a result of inspections or proven allegations, telecommunications management disclose that certain equipment, apparatus, devices or telecommunication systems are imported or marketed in Spain without maintaining the technical characteristics whereby was granted the certificate of acceptance, them shall be deemed for all purposes as not covered by this certificate and the person who imported or marketed teams will be responsible for solidarity , with the manufacturer, compliance with many responsibilities and obligations derived from its use.



If the equipment is marked in accordance with the model contained in paragraph 1.2 of annex I to this regulation and shall prove to not comply with the essential requirements applicable to it, it shall immediately inform the European Commission, indicating the results of testing and, in particular, whether non-compliance is due to incorrect application of the harmonised standards and common technical regulations or shortcomings in such rules or regulations. Once received the report of the Commission on the adequacy of the measures put into force as result of these facts, shall take suitable against who has put such a mark and it shall inform the Commission and the other Member States.


In any case, the administration of telecommunications may be appropriate actions to remove the equipment from the market or to prohibit or restrict the marketing.


4. irrespective of the provisions of the preceding paragraph, the Telecommunications Administration will lead performances against those who were the origin of the detected alteration, as responsible for an infringement of those set out in article 33 of the management of the Telecommunications Act.


For these purposes, the non-Declaration of the destination of the equipment or the use of these for purposes other than those laid down, will be considered breach of the obligations of the manufacturers, importers or distributors of equipment or equipment of telecommunications, according to article 33 of the management of the Telecommunications Act.


Article 14. Seizure of equipment.


1. the equipment and apparatus seized pursuant to article 34.2 of the management of the Telecommunications Act, provisions of this regulation or other provisions of the Act, when they can be traded, will be alienated by the Ministry of economy and finance with according to the laws of the State. Such alienation will when firm bearing the sanction resolution which bring home the seizure.


Teams and seized items that cannot be traded, in application of the legislation in force, shall be alienated in the form and conditions of the previous paragraph, prior inactivity for the prohibited use carried out against two officials of the administration of telecommunications to raised the record of the proceedings.


Proceeds for such disposals will enter in the Treasury in the manner provided in the specific regulations of development of the Telecommunication management law which in effect rendered.


When certain equipment and seized devices can be used for applications specific to the purposes of the Administration, provisions may not be applied in the previous sections, leading to the involvement of the same administration that will use.


2. in the event that the return of equipment or telecommunication devices previously seized, headquarters units of the Directorate General of telecommunications that had them entered will require owners so that within the period of six months, counted from the day following the notification, they proceed to withdraw them, returning, in his case, duly lyt0382.


The aforementioned notification will indicate that the simple return not empowered for the use of the equipment or appliance, will be, in any case, in accordance with the provisions of the management of the Telecommunications Act and regulations which develop it.


The affected units extend a receipt with the diligence of delivery stating precise information that identifies the equipment or apparatus concerned (brand, type, model, etc.), place and date is made the catch, as well as the full name, number of national document of identity, address and signature of the receiver.


Within that period unless the applicant has withdrawn the equipment or apparatus seized, will start the computation for the purchasing prescription in favour of the State, in accordance with the provisions of article 25 of the law of heritage of the State, still apply in this case as provided for in the preceding paragraph.


Article 15. Marked incorrect.


The marking described in article 11, on teams that are different to an approved type, or being conforming to an approved type do not meet the technical specifications applicable to the same, or in the event that the manufacturer issue a declaration does not comply with law pursuant to the procedure chosen to obtain the certificate of acceptance (, it will be considered very serious infringement pursuant to article 33.2. h) of the management of the Telecommunications Act. For these purposes, the manufacturer will be considered marketer wholesaler, to put the teams for the first time on the market.


Chapter IV mutual recognition article 16. Recognition of certificates.


1 will be equivalent to the certificate of acceptance document which is to certify the conformity of the telecommunications terminal equipment intended for connection directly or indirectly to the public telecommunications networks, obtained from 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 to type or the quality assurance of production that includes a statement CE in accordance with the type, or b) an approval of the system of total quality assurance, followed by an EC declaration of conformity.


To do this, in obtaining the CE certificate of type, must have evaluated compliance with the essential requirements which apply to the terminal equipment referred to in article 3 of this regulation.


2. for marketing in the Spanish territory, the terminals referred to in paragraph 1 shall be the marking provided for in Directive 93/68/EEC of 30 August, modified by Directive 91/263/EEC of 29 April. This marking shall be as specified in annex I, number 1, paragraph 1.2, of this regulation, including the identification number of the notified body responsible for evaluation, in accordance with the requirements laid down in Directive 91/263/EEC of 29 April and Directive 93/97 of 29 October, following the procedures laid down in them, rather than the number indicated in the said Annex.


3. without prejudice to the provisions of the preceding paragraph, mentioned in the same terminal equipment may be marked as indicated in Directive 91/263/EEC of 29 April, until January 1, 1997.


4 in the same manner, may be marketed in the Spanish territory susceptible telecommunications equipment be connected to the public telecommunications networks, but not intended for that purpose, which comply with the following obligations: to) that has been submitted a statement according to the model of annex II with a notified body of the Member State where it is first marketed.


(b) that bear the marking indicated in annex I, paragraph 1.14.


In addition, the manufacturer, importer or marketer must be able to justify before one of the notified States members of the European Union fate declared the team based on their technical specifications and functions, as well as the segment of the market it is intended for.


Article 17. Recognition of evidence.


1. the tests on telecommunications terminal equipment in accordance with national rules that collect the essential requirements, in laboratories designated in the Member States, provided that such rules guarantee an equivalent level to the essential requirements laid down in the Spanish technical specifications, shall be equivalent to those made by laboratories designated Spaniards, to the purpose of the issuance of the corresponding type-examination certificate for the Spanish administration of telecommunications.


2. tests conducted 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 communities European», will have consideration equivalent to those made by laboratories designated in Spain, for the purposes of the issuance of type-examination certificates.


3. when, in the assessment carried out by the notified body Spanish, there is no designated laboratory in Spain with sufficient capacity for conducting tests on telecom equipment enabling to assess its conformity with the standards or technical specifications applicable to them, the tests performed in designated laboratories of the Member States of the European Union will have consideration equivalent to those made by laboratories designated in Spain , for the purposes of the issuance of type-examination certificates.


Chapter V procedure for obtaining the certificate of acceptance article 18. Initiation.


1. the application for the certificate of acceptance shall apply to the administration of telecommunications and may arise in places which determines the article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.


2. for terminal equipment for which a common technical regulation does apply, the application will be signed by the manufacturer or his authorised representative established in the European Union.


For the rest of the computers to which this Regulation applies, the request shall be signed by the manufacturer or his authorised representative established in the national territory.



For the purposes provided for in this regulation, the natural or legal person having power means representative enough of the manufacturer to market their products in the country.


3. the application must be completed according to the model in annex IV and shall be accompanied by the original receipt of the payment of fees (concept A), as set out in the seventh additional provision of the management of the Telecommunications Act.


Article 19. Required documentation.


1 certificate of acceptance will be issued as a result of the presentation by the applicant of the same, of the relevant documents certifying the completion of the procedure chosen for the evaluation of the conformity of equipment, which will be one of the following: to) procedure DC. Documents to submit: certificate type-examination accompanied by the Declaration of conformity to type, as set out in chapters VI and VII.


(b) procedure CP). Documents to submit: certificate type-examination accompanied by a declaration of a production quality system approval, as described in chapters VI and VIII.


(c) procedure CT. Present document: Declaration of conformity with a system of full quality assurance of the process of design, manufacture, inspection and final testing, as detailed in chapter IX, for the computer that you want to certify.


2. the applicant for the certificate of acceptance must indicate clearly the procedure chosen for the conformity assessment, as well as the person responsible for the Declaration of conformity to type and must provide proof before the administration of telecommunications of the relationship between the two, in case of not being the same person.


((3 when the certificate of acceptance of equipment telecommunications terminal is issued after having evaluated the conformity with the essential requirements referred to in paragraphs a) and b), and h) where appropriate, referred to in article 3, and with the common technical regulations that applicable, type-examination certificates and declarations of compliance referred to in paragraph 1 shall be CE CE declarations and type-examination certificates in accordance with the type, respectively.


4. If the documentation submitted by the applicant does not meet the requirements for the application for the certificate of acceptance, shall be required to the person concerned within the period of fifteen days it remedy the faults or attach the mandatory documents, with an indication that, if so don't do it, shall you be withdrawn his request and filed your request without any further formality.


Article 20. With rules.


1 the acceptance certificate for the equipment telecommunications terminal will be a: according to) Spanish standards that incorporate the relevant harmonized standards, which contain the essential requirements contained in paragraphs to) and (b)), and h) where appropriate, in accordance with the definitions contained in article 3. In failing, standards or Spanish technical specifications that contain these essential requirements), and (b) common technical regulations containing the remaining essential requirements provided that compliance with the provisions of article 8(2) of this regulation. Failing that, standards or Spanish technical specifications that contain these essential requirements.


2. for other teams, equipment, devices and systems not included in the previous section, the acceptance certificate will be issued in accordance to European standards incorporated into Spanish law or, failing that, to Spanish technical specifications or standards.


Article 21. Conditions of the certificate.


1. in the case of having been issued the certificate of type-examination with the limitations indicated in paragraph 3 of article 29 of this regulation, the acceptance certificate issued on the basis of certificates in accordance with standards or technical specifications Spanish type-examination shall include the limitations of using these types or models of computers, appliances devices or telecommunication systems.


2. the modification or enlargement of the technical specifications or standards referred to in article 20 of this regulation, which are applicable to certified equipment, this may make the expiration of the acceptance certificate.


The Telecommunications Administration shall establish the deadline given to the holder of the certificate of acceptance to obtain a new one, and breach thereof, will be declared the revocation of the certificate by administrative decision.


Article 22. Resolution.


1. the certificate of acceptance will be issued by the administration of telecommunications within a maximum period of four months from the referral to it of all the necessary documents for the issuance of the certificate.


If in the course of this period, or twelve months from the entry of the application in any of the records of the competent administrative authority, the Administration had not given express judgment, the request for issuance of the certificate of acceptance can understand rejected.


2. the certificate of acceptance has personal, will be concerned and will be forwarded to the applicant of the same and published in the «Official Gazette».


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


4. as a result of the issuance of the certificate of acceptance, the equipment must be marked in accordance with the provisions laid down in article 11. In the instruction manual or the information intended for the user of the equipment certificate must indicate the standard or technical specification whose verification has given rise to the certificate, indicating its reference, title of the same and version used.


5. the transfer of the rights of the certificate or the authorisation of use to a third party, will be required, upon request of interested parties, the approval of the administration of such transfer or authorisation and obtain a new certificate.


The new certificate will contain the personal data of the purchaser or assignee and will replace the previous or will be compatible with the one, depending on whether transfer or authorization to use, respectively.


6. the acceptance certificate shall specify the period for which it is issued. At the expiration of the same it can be renewed for another period of validity. In any case, these periods shall be greater than ten years.


7. the model certificate of acceptance is collected in annex VIII.


8. the renewal of a certificate of acceptance will have the same treatment that one again, it prompts as described in article 18 of this regulation and will be issued upon the fulfilment of the requirements set out in article 19.


Article 23. Certification of receiving equipment.


1. the Declaration of conformity with technical specifications that contain the essential requirements, issued by the manufacturer or his authorised representative, of radio equipment that incorporate functions of reception only and are not intended for connection to the public network, except those listed in the following article, will be considered equivalent to the certificate of acceptance for the purposes laid down in this regulation.


2. the Declaration shall contain information on the regulations applied, indicating the references of the same.


3. the model of Declaration of conformity with the technical specifications is collected in annex V.


4. the Declaration of conformity with technical specifications that contain the essential requirements, as well as the technical documentation and the test reports according to which it is made, will be made available for telecommunications management and will be maintained by the manufacturer or his representative for a minimum period of ten years from the last date of manufacture of the equipment.


Where neither the manufacturer nor his authorised representative is established within the European Union the obligation to keep available the technical documentation shall be responsibility of the person who sold the equipment.


5 the technical documentation will allow checking the conformity of the equipment with the technical specifications that are applicable and shall contain at least: a) a general description of the product.


(b) levels of design and manufacture, lists of components, modules, circuits and other elements.


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


(d) a statement of technical specifications and test methods that have been applied or, in their absence, the technical documentation of construction and descriptions of the solutions adopted to meet the requirements of these specifications.


e) results of design calculations made and of these checks, and f) reports of tests made to the team.


6. in addition to the warranty and operating instructions that must accompany all units for marketing, it will be essential requirement which will attach a full reproduction of the Declaration of conformity referred to in paragraph 1 of this article, which shall form an integral part of the documentation.


7. the procedure described in the preceding paragraphs shall be called hereinafter 'internal production control procedure'.



8. provisions previously understood without prejudice to provisions of Royal Decree 444/1994, of March 11, which lays down procedures of conformity assessment and protection requirements concerning electromagnetic compatibility of equipment, systems and installations, the aspects that may be applicable.


Article 24. Certification of receiving Earth stations for satellite communications.


1. teams of Earth stations of satellite, only receiving and communications intended for terrestrial connection to the public telecommunications network, shall be subject, in what refers to its terrestrial interface, to the General certification procedures referred to in article 19, and so regards the rest of team of this station, the manufacturer or his authorised representative may choose to obtain the certificate of acceptance by general procedures referred to in article 19 or by the procedure of internal production control laid down in article 23.


2. the manufacturer, or his authorised representative, of Earth stations for satellite communications equipment only recipients that are not intended for terrestrial connection to the public telecommunications network can be used by the certificate of acceptance by the general procedures referred to in article 19 or the procedure of internal production control laid down in article 23.


3 Earth stations of satellite communication equipment which are not intended for connection to the public telecommunications network, must satisfy the requirements set out in article 5 of this regulation, irrespective of the provisions of the preceding paragraph.


Teams refer to in paragraphs 2 and 3 of this article shall comply with the essential requirements laid down in article 3 with the exception of those included under paragraphs b), d), f) and g).


4. the manufacturer or his authorised representative who opt for the application of the procedures in article 23 for the equipment referred to in this article, draw up a declaration of conformity according to the model shown in annex V of this regulation.


Where neither the manufacturer nor his authorised representative is established within the European Union, the obligation to keep available the technical documentation shall be responsibility of the person who sold the equipment.


5. the markup for this type of equipment is included in annex I, but must be taken into account the provisions of paragraphs 2 and 3 of article 16 of this regulation.


Chapter VI article 25 type examination certificate. Definition and application.


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


2. the application of the type-examination certificate, in the Spanish language, you will be directed to the General direction of telecommunications, and may be submitted in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.


For terminal equipment that is a common technical regulation, the request shall be signed by the manufacturer or his authorised representative established in the European Union.


For the rest of equipment subject to this regulation, shall be signed by the manufacturer or his authorised representative established in the national territory.


3 request must be model standardized to the effect, when it exists, and shall include, in accordance with the General requirements laid down in article 70 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, the following concepts: to) request object.


(b) the name and address of the applicant.


(c) identification of the team, indicating the name and address of the manufacturer, 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 harmonized standards and common technical regulations, the Declaration by the applicant specifying that there has been any request to another notified body of a Member State of the European Union to obtain an EC type-examination certificate for this computer.


(g) where appropriate, certificates obtained in other States.


4 the technical documentation shall contain at least: to) a technical report, drafted in Spanish, duplicate copy, signed by a qualified technician and entitled, which include: 1 the specifications declared by the manufacturer.


2. general description of the equipment which allows to identify the product, including sufficient color photographs, in which is identified internally and externally, and so clear, the make, model or type.


3rd levels of design and manufacturing, as well as lists of components, sub-assemblies, circuits and other elements of the team.


4th the descriptions and explanations necessary for the understanding of the above 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 computer that you want to certify.


(b) the results of trials of technical specifications made by the manufacturer, case has already been made.


(c) information intended for the user or proposed instruction manual in Spanish.


5. by order of the Minister of promotion you may approve a technical standard which referred to paragraph 4 of this article, in order to facilitate their study and verification by the staff responsible for this.


6. the administration of telecommunications may authorize that certain parts of the technical documentation submitted written in other languages other than Castilian, when it considers that they are understandable by the staff responsible for their processing.


Article 26. Procedure for obtaining.


1 received the application and attached documentation, the notified body shall inform the person concerned found defects, if any, granting a period of fifteen days for its correction, indicating that, if so it does not make it, you will be by desisted from its request, filing your request without any further formality.


Otherwise, or once repaired defects, will notify you: to) number of units that must be present for the testing of verification of compliance with the technical specifications.


(b) a regulation laying down technical specifications and methods of test applicable.


(c) list of laboratories designated for carrying out the tests.


A copy of the technical documentation required in article 25.4 conveniently sealed by the administration of telecommunications, so that is all presented to the laboratory chosen for the testing shall be attached to the notification.


2 upon receipt of the notification referred to in the preceding paragraph, the applicant shall submit it in the laboratory chosen relationship indicated in paragraph (c)) of the aforementioned paragraph.


3. the manufacturer and the applicant shall be independent laboratory that will perform the tests.


4. the laboratory shall verify type presented to test corresponds exactly with the reflected in the notice and in the technical documentation which accompanies it.


The technical opinion of the laboratory it shall any variation that has detected between team presented to the trials and technical documentation, as well as parts of the technical specification, being applicable to the team, you have not been verified, stating the cause.


5. the applicant shall forward to the notified body the opinion or technical rulings issued by authorised.


Pursuant to article 92.1 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, if the applicant does not refer to the report or technical opinion mentioned in the preceding paragraph within a period of three months from the date of its issuance, the procedure shall be paralyzed with the effects provided for in that article.


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


1 alternately to the procedure described in the preceding article for the obtaining of the type-examination certificate, the manufacturer or his authorised representative may opt for the procedure that is described below.


You must perform the tests corresponding to the evaluation of the conformity of the equipment you wish to obtain a certificate of type-examination in a laboratory designated by the General direction of telecommunication, prior to the filing of the application.


Once carried out the trials, attached separately with the application the opinion or technical rulings issued by the laboratory.


The technical report accompanying the application for the type-examination certificate must be stamped by the laboratory that used it.


2. the notified body shall verify that the applied technical specifications are required, in order to evaluate the corresponding technical opinions.



Otherwise, must be completed trials, prior notification to the person concerned, applying the same deadlines and consequences than in the general procedure indicated in the previous article.


3. Once received the technical documentation including the report from the laboratory, be complete, will continue the procedure for the issuance of a type-examination certificate.


Article 28. Verification of compliance with technical specifications.


1 the notified body carry out, or arrange, appropriate checks and tests necessary to check whether the solutions adopted by the manufacturer meet the essential requirements referred to in paragraphs a) and b), and h) where appropriate, of article 3 of this regulation.


2. If they were necessary modifications of the equipment submitted to testing for compliance with the technical specifications applicable to the same, the applicant shall forward to the notified body, with the opinion or technical rulings issued by the laboratory chosen, the corresponding part of the suitably modified technical documentation.


3. the laboratory it shall in its technical opinion any modifications that had the team during the testing phase, specifying the scope of the same.


4. in any event, the notified body reserves the right to request how many clarifications deems appropriate, including the repetition of trials or those who carry out necessary and not they made.


Article 29. Issuance of a type-examination certificate.


1. the EC type-examination certificate shall be issued after the assessment of conformity with the essential requirements which apply to the computer that you want to certify.


2. the type-examination certificate shall be issued after the assessment of conformity with the Spanish technical specifications that apply to the computer that you want to certify.


3. in the absence of technical specifications or laboratories designated for verification thereof, be may issue certificates of type-examination with the tests that determined by the notified body.


The examination certificate type that is issued as a result of these tests it shall these extremes.


4. the type-examination certificate or EC type-examination certificate must be issued within a maximum period of eight months from the entry of the application in any of the records of the competent administrative authority. If during this period the Administration had not given express judgment, the request for issuance of the aforementioned type examination certificate can understand rejected.


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


6. when the certificate will be attached a list of the relevant parts of the technical documentation and the notified body shall retain a copy.


7. the applicant documented shall inform the notified body of any modifications it intended to make to the team and that could require a new certification by affecting the fulfilment of the essential requirements, of the technical specification which applies or the conditions of use of the equipment.


The notified body shall decide on the validity of the already issued type-examination certificate or the need for additional tests. In this case, the approval shall be issued as a complement to the original type-examination certificate.


8. the notified body shall inform the other notified bodies of the European Union relevant information concerning the EC examination certificates of type and its additions issued or withdrawn, and can send copies thereof, upon request, to other notified bodies. In any case, it will keep the documentation relating to such certificates available to these bodies.


9. the model of type examination certificate is collected in annex VI.


10. the number of the type-examination certificate will consist of six digits. An order number must be indicated by the first four and the last two will be the last two digits of the year of issue. This number will be assigned by the notified body.


Article 30. Obligations of the manufacturer concerning the documentation.


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


2. when manufacturer and his representative are not established in the European Union the obligation to keep available to the Administration the technical documentation shall be the person responsible for placing the product in the Community market.


Article 31. Procedure for the designation of laboratories.


1. the notified body shall designate laboratories that the applicant the type-examination certificate (or certificate of EC type-examination) may contact for the trials that will allow verification of compliance with the technical specifications that are applicable.


2. by order of the Minister of development, requirements and procedures for the designation of laboratories for the purpose indicated in the preceding paragraph shall be established.


3. designations which are carried out for testing of equipment conformity assessment to those who are implementing essential requirements already laid down in article 3 of this regulation, shall be in accordance with Community provisions on the matter.


4. the Administration will resolve requests for designation of laboratories within a period of six months, after which shall be ignored in the absence of express resolution.


Chapter VII Declaration in accordance with article 32 type. Concept and requirements.


1. the Declaration of conformity to type is the document by which the manufacturer or his authorised representative established in the European Union ensures and declares that the products concerned conform to the type described in the type-examination certificate and that they comply with the provisions of this regulation which apply to them.


This statement is referred to as 'EC declaration of conformity to type' when this is done on a product which conforms to a type described in the EC type-examination certificate.


2 this document model is enshrined in annex VII.


3. the manufacturer must take the measures necessary so that the manufacturing process ensures compliance of the manufactured products with the type described in the certificate of test of type and other requirements that apply to you.


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 within the European Union the obligation to keep available the Declaration of conformity will fall on the person responsible for marketing the product.


6. the notified body must carry out or arrange controls of the product at random intervals in any of the phases of distribution, in stores or in the factories themselves. The holder may not refuse them and provide the means to carry them out, assuming the expenses that arise.


7. If the result of the checks carried out, or as a result of inspections or proven allegations, is justifiably credited the lack of conformity with technical specifications that apply to you or other requirements provided for in this regulation, be ordered the withdrawal of the product from the market, as well as the cancellation of the certificate of acceptance, without prejudice to other actions that may arise under the laws in force.


Chapter VIII statement typed by the assurance of cali dad production article 33. Definition.


1. the manufacturer has chosen the COP procedure referenced in article 19(1) of this regulation must make a declaration of conformity to type (or EC declaration of conformity), after have been authorized to do so by the notified body as a result of having evaluated the quality of the production system by procedures that are described in the following articles.


2. the model of Declaration of conformity to type (or EC declaration of conformity) is indicated in annex VII to this regulation.


Article 34. The authorization request.


1. the application for the authorization as he referred to the previous article shall apply to the notified body and will be presented in any of the places designated in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and written in Spanish, will include, as a minimum, the following documentation (: a) technical specification, containing all the information relating to the products for which the manufacturer aims to obtain the approval of the system of production quality.


(b) specification of the quality system employed.


(c) technical and commercial information of the types already approved, along with reproductions of the type-examination certificates issued and statements in accordance with the type made.



2 received the application and attached documentation, the notified body shall inform the person concerned found defects, if any, granting a period of fifteen days for its correction, indicating that, if so it does not make it, you will be by desisted from its request, filing without further formality.


Article 35. Evaluation of the quality of the production system.


1. the notified body shall examine the documentation referred to in the previous article and will issue the authorization referred to in article 33 in a period not exceeding six months, following the corresponding evaluation of the proposed system of the quality of the production.


2. If in the course of this period the Administration had not given express judgment, the request referred to in article 34 will understand rejected.


3. the quality system shall ensure compliance of the products with the type described in the type-examination certificate and with the requirements that apply to them.


All the elements, requirements and provisions adopted by the manufacturer must appear on a led documentation, systematic and orderly manner, in the form of measures, procedures and instructions, in writing. This documentation will facilitate the uniform interpretation of programmes, plans, manuals and quality records.


In particular, contain an adequate description of: a) the quality objectives and the organizational structure, responsibilities and powers of the managerial staff of the company in regards to the quality of the product.


(b) the manufacturing procedures, control and quality assurance techniques, processes and systematic measures that will be used.


(c) the examinations and tests that will be carried out before, during and after manufacture and the frequency that are going to carry out.


(d) the quality records, such as inspection reports and tests and calibration data, reports concerning the qualifications of the personnel concerned, etc.


(e) means of verifying that the products reach the necessary quality and that the operation of the quality system is effective.


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


The team of Auditors shall include, at least, a member who has experience in the evaluation of the product technology in question.


The assessment procedure must include an inspection visit to the facilities of the manufacturer.


The decision shall be communicated to the manufacturer by means of a notification which shall contain the conclusions of the examination and the reasoned decision of the assessment.


5. the manufacturer must undertake to fulfil the obligations arising out of the quality system, such as this has been approved and to maintain it in such a way that it retains its adequacy and effectiveness.


The manufacturer shall inform the notified body which approved the quality system of any adaptation that intends to introduce in the same.


The notified body must evaluate the modifications proposed and decide whether the amended quality system still satisfy the requirements referred to in this article, or if it is necessary to carry out a new evaluation and authorisation. 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 system of corresponding quality assessment shall be borne by the manufacturer.


7 in the event of employee quality system meets UNITES 66902 standard, certified by an authorized certification body, or in the Member State of the European Union is equivalent to this, the notified body shall be presumed that production quality system indicated in the previous issues have been evaluated.


8. the notified body must be completed, if necessary, the requirements indicated in the preceding paragraphs in order to take into account the specific nature of the products to which applies this procedure, and must be evaluated the same prior to the granting of the authorisation indicated in paragraph 1 of this article.


Article 36. Surveillance of the quality of the production system.


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


2. to this end, the notified body carry out, or arrange, in the facilities of the manufacturer, inspections and audits on the quality system employed. For these purposes, the manufacturer shall provide the documentation that is required and impediments or unjustified obstacles to the performance of this work may lead to the cancellation of the approved quality system and corresponding acceptance certificates issued. The costs of such inspections and audits shall be borne by the manufacturer.


3. the manufacturer must maintain unaltered the quality system in such a way that it retains its adequacy and effectiveness, and must comply with the obligations arising from the quality system.


Article 37. Maintenance of the system of production quality.


1. any modification that is intended to enter the approved quality system must be previously authorised by the notified body, which may require additional documentation deemed necessary.


2. the manufacturer will keep dependencies, at the disposal of the notified body and for at least ten years from the last date of manufacture of the product, the documentation referred to in paragraph 3 of article 35, the changes made in the system of quality of production and the decisions and reports from the notified body referred to in paragraph 2 of the preceding article.


Chapter IX statement based on quality assurance of the process of design, manufacture, inspection and final testing of a product article 38. Definition.


Manufacturer has chosen the CT procedure referred to in article 19(1) of this Regulation shall make a declaration in accordance with a system of full quality assurance of the process of design, manufacture, inspection and final testing of the product that is subject to the provisions of this regulation.


Article 39. Quality system.


The procedure of evaluation of the system of the assurance of total quality, of the processes indicated in the previous article, to be integrated as an annex to this Regulation shall be established by Royal Decree.


Annex I marking equipment with certificate of acceptance 1. Types of markup.


(a) for the certified according to standards or technical specifications Spanish teams, the markup to be shown in Figure 1.


The format is divided into three fields: 1 field alphabetical left with the letter 'E' to Spain.


2. alphabetical field consisting of the initials «D.G.Tel.» relating to the notified body.


3rd alphanumeric 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 extension of the certificate serial number.


(b) to the terminal equipment certified according to harmonized standards and common technical regulations incorporated into Spanish law, the markup to make, called CE, shown in Figure 2 and shall consist of the initials «CE» and «0341» which is the identification of the General direction of telecommunications number, 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 the equipment which, in the absence of harmonized standards and common technical regulations, are likely to be connected to the public telecommunications networks, but are not intended for this purpose, the markup to be shown in Figure 3.


(d) to computers that existing harmonized standards and common technical regulations, are likely to be connected to the public telecommunications networks, but are not intended for that purpose, the markup to be shown in Figure 4.


(e) the teams of ground stations for satellite communications, only receiving, which are not intended for terrestrial connection to the public telecommunications network and which has been applied for the certification procedure of internal production, after having applied the essential requirements referred to in article 3 for the evaluation of conformity the marking shall consist of the CE symbol only, as shown in Figure 5.


2. exceptions to the marking.


The equipment referred to in article 23 of this regulation not be placed any marked specific as a result of the application of the provisions of the above-mentioned articles, except that referred to in paragraph 3 of this annex.


3. the marking requirements.


(a) in the case of equipment terminals that must meet other Community directives other than the referred to in this regulation and which become available placement of CE, such marking shall indicate that it is presumed that computers also meet the provisions of those other directives.



However, where one or more of those directives allow the manufacturer to choose the system that will apply during a transitional period, the CE marking shall designate only the conformity with the provisions of the directives applied by the manufacturer. In this case, the references of the directives applied must be included in the documents, notices or instructions required by those directives and attach them with each terminal equipment.


(b) the marking shall be legible and visible with all sharpness. The placement of markings which may mislead third parties as to the meaning of logos collected in this annex is expressly prohibited.


However, any other marking on computers that do not reduce readability may be affixed or the visibility of previous markings.


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


(c) with regard to the physical marking itself must be taken into account the following: 1 if you reduce or increase the size of the marking shall keep the proportions of the respective logos.


2nd the different elements of the markup must be significantly same vertical dimension, which must not be less than 5 mm.


Figure 6 collects details of design of referenced types of dial-up.


The General direction of telecommunications will provide all the information that is necessary for the realization of the markings set out in this annex.


Annex II model of the Declaration for the susceptible computers connected to a public telecommunications network, but not intended for that purpose, for the manufacturer/importer/marketer (1) Community market, declares that (2) is not intended to be connected to the public telecommunications networks.


The connection of this equipment to the public telecommunications networks in the Member States of the European Union constitutes a violation of national legislation by which gives compliance to the provisions of the directive (3) concerning (place, date and signature.)


-(1) name and address.


(2) identification of the equipment.


(3) directive that corresponds and the same title.


Annex III model of the Declaration for the susceptible computers connected to a public telecommunications network, but not intended for that purpose, for the Spanish market the manufacturer/importer/marketer (1), declares that (2) is not intended to be connected to the public telecommunications networks.


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


(Place, date and signature.)


-(1) name and address.


(2) identification of the equipment.


Annex IV model application for the certificate of applicant acceptance: name or business name: address: phone: Fax: ID (VAT): legally represented by D. in quality of with Passport no. requests to the General direction of telecommunications of the Ministry of promotion, the issuance of the certificate of acceptance for: team: manufactured by: (State or geographical area): brand: model: this is home to the procedure [noted the chosen procedure as described in article 18 of the Royal Decree, of («Official Gazette» number)] (, de)].


(Place, date and signature.)


Annex V Declaration of conformity for receiving equipment responsible for the maintenance of the stated technical specifications: name or business name: address: phone: Fax: ID (VAT): declares that: team: manufactured by: (State or geographical area): brand: model: has built-in features and only these: and conforms with the following rules of telecommunications: (place, date and signature).


Annex VI model certificate (*) type-examination pursuant to the regulation which establishes the procedure of certification for equipment referred to in article 29 of the Telecommunication management law, approved by the Royal Decree of («Official Gazette» number, de), the present (*) type examination certificate is issued by the General direction of telecommunications : Team: manufactured by: (address, city, country): brand: model: compliance with the following standards: number: XXXX XX are made to contain the following warnings: this certificate is valid if it is not accompanied by a list of the relevant parts of the technical documentation of the certified equipment.


And for the purposes specified in the Royal Decree, to take of («Official Gazette» number, de), promulgate this certificate.


(Place, date and signature.)


-(*) EC will be placed or will be left blank as appropriate the certificate type.


Annex VII model statement (*) in accordance with the type which subscribes (name of the person responsible for the maintenance of technical specifications on the basis which is awarded the certificate of acceptance) (name and address) declares, under its sole responsibility, that: team: manufactured by: (State or geographical area): brand: model: meets the technical specifications that have been verified in the type submitted to examination examination (*) type certificate number is (place date and signature.)


-(*) Is placed EC where appropriate.


Annex VIII model for certificate of acceptance under the provisions of the regulation which establishes the procedure of certification for equipment referred to in article 29 of the Telecommunication management law, approved by the Royal Decree of of («Official Gazette» number, de), the present acceptance certificate is issued by the General direction of telecommunications in favor of (((: Name or business name: address: phone: Fax: ID (VAT): with number XX XX XXXX A) for equipment: manufactured by: (address, city, country): brand: and with certificate number XXXX XX model: accompanied by: to) statement (*) in accordance with the type carried out by (DC): name: company name: address: City: Province: b) statement (*) the assurance of the quality of the production (CP) made by (: Name: company name: Home: City: Province: B) either statement of assurance of total quality (CT): for equipment: manufactured by: (address, city, country): brand: model: accompanied by a declaration of assurance of total quality by: name: company name: Home: City: Province: each of the equipment covered by this certificate shall incorporate the following dialing : (*) of the form indicated in annex I of Royal Decree, of («Official Gazette» number, of).


The deadline of validity of this certificate is the / / and that the effects provided for in article 29 of the Act 31/1987, of 18 December, telecommunication management; amended by law 32/1992, of 3 December, I promulgate this certificate.


(Place, date and signature.)


(-Note: Certificate only will be included in the header A) designated with a) if the procedure chosen by the applicant has been the DC, the headboard A) with b) if it has been the procedure CP or the header B) if elected has been the CT procedure.


(*) EC will be placed where appropriate, and in this case, this certificate incorporates the administrative authorization for the connection of terminal equipment to the public telecommunications network, in the terms expressed in the Directive 91/263/EEC or 93/97/EEC according to the team of which concerned.


(***) Marking corresponding depending on type of certificate.

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