2016: Change of an order of certification and inspection checks
Against the background of the law on increase in penalties for use of not certified means of communication (The Federal law of 6/2/2016 N 161-FZ "About introduction of amendments to the Russian Federation Code of Administrative Offences") the order of the Ministry of Telecom and Mass Communications of 2/1/2016 N 28 "About the statement of the Procedure of control of observance by holders of certificates of conformity and customs applicants of obligations for ensuring compliance of deliverable means of communication to the set requirements. Part I. The procedure of control of observance by holders of certificates of conformity of obligations for ensuring compliance of deliverable means of communication to the set requirements" passed almost imperceptibly. Nevertheless 5/20/2016 it was registered in Ministry of Justice and began to work since June 5, 2016.
Changes concerned inspection checks.
Before the Order of the Government of the Russian Federation of 4/13/2005 N 214 "About the approval of Rules of the organization and work on obligatory confirmation of conformity of means of communication" was the only document by which all participants of process of confirmation of conformity were guided. In this Resolution the procedure of certification of means of communication is rather in detail described and it is not really accurately told about control of observance by holders of certificates of conformity of obligations for ensuring compliance of deliverable means of communication to the set requirements, namely about inspection checks.
Control and responsibility for conducting inspection checks entirely lay on certification bodies. Recently the Ministry of Telecom and Mass Communications decided to improve the procedure of inspection checks, and at the expense of holders of certificates of conformity.
What innovations are entered by the order of the Ministry of Telecom and Mass Communications of 2/1/2016 N 28.
In the sixth point of this order it is said that results of inspection check are made out in the form of the conclusion about compliance or mismatch of the means of communication to the set requirements (further – the conclusion) which is signed by the head of certification body. Test sheets, carried out during inspection check by the attracted testing laboratory are attached to the conclusion.
At the same time scheduled inspection inspections are carried out during action of certificates of conformity at least once a year.
If till December, 2015 declarations of the copy of test sheets of the declared means of communication were not included, then from 12/16/2015 it became a necessary condition of registration of the declaration. And the cost of an execution of the declaration for customs applicants grew at once.
For an example it is possible to give the following calculation. Romashka-telecom LLC decided to certify billing (automated billing system) for a period of three years for the purpose of serial production. It is the scheme of certification N 3. This scheme provides three inspection checks during validity period of the certificate of conformity. Let's say certification of billing cost Romashka-telecom LLC 100,000 rubles. The most part of this amount (about 80%) – the cost of certification tests. In three years Society should undergo three inspection testing, each of which should include carrying out tests, it at least – 240,000 rubles (3х80,000 rubles). It is also necessary to consider that preparation of documents, approval of the check program and issue of the conclusions based on inspection checks still lies on Certification body which also cannot work for free.
As a result the applicant who is already the holder of the certificate will pay for the certificate in three, and even is four times more.
Besides, for the most "careless" holders of certificates of conformity, under the new order the copy of the conclusion is sent to Federal Communications Agency.
In point 9 of the order of the Ministry of Telecom and Mass Communications of 2/1/2016 N 28 is said that the conclusion about results of scheduled inspection inspection is made out in duplicate, one of which is handed to the representative of the holder of the certificate of conformity participating in check or goes within two working days from the date of its signing to the holder of the certificate of conformity by mail. The copy of the conclusion is sent to Federal Communications Agency.
So without the Conclusion action of the certificate of conformity will not be confirmed, there will be bases to withdraw the certificate, and the telecom operator cannot operate the equipment, etc.
The special place in the new order is allocated to the procedure of unscheduled inspection inspection. It is accurately stipulated who (read – the owner of the means of communication) and how (by means of the written address) has the right to send to Federal Communications Agency the appeal about detection of mismatch of the certified means of communication to the set requirements.
Moreover, if in the conclusion about results of unscheduled inspection inspection the conclusion is drawn on mismatch of the certified means of communication to the set requirements or the holder of the certificate of conformity does not eliminate mismatch to the set requirements of the means of communication, the Federal Communications Agency excludes the certificate of conformity from the register of certificates of conformity of means of communication. The holder of the certificate who was terminated:
- stops sale of the means of communication on which certificate of conformity is terminated;
- according to statements of owners of means of communication performs additional check of compliance to the set requirements of the samples of the means of communication used on a single network of telecommunication of the Russian Federation on which certificate of conformity is terminated results of inspection check;
- by a court decision takes measures to indemnification, the means of communication caused to owners on which certificate of conformity is terminated results of inspection check and also to cost recovery on payment of services of testing laboratory (point 26 of the order of the Ministry of Telecom and Mass Communications of 2/1/2016 N 28).
In the Order there were unaffected questions which should be solved long ago. For example, expediency of inspection checks at schemes of certification N 1 and N 2 when the certificate is issued for a period of one year and the holder has no options of its prolongation.
At the same time it is necessary to take into account that the total cost of certification will be in two-three, and even is four times higher: this price should be paid for security and integrity of a public communication network, and it is a lot of in the modern world.
See Also
- Certification (licensing) of means of enciphering
- Certification of fiber optic communication
- Certification of Uptime Institute Tier