Regulations for Compulsory Product Certification
Chapter I General Provisions
Article 1
Based on relevant laws and regulations covering product safety licensing and product quality certification so as to
improve and enhance regulatory functions in the field of compulsory product
certification as well as to effectively safeguard national and public interests
in a feasible manner, the following regulations are announced for statutory
implementation in accordance with the functions of the State General Administration
for Quality Supervision and Inspection and Quarantine of the People's Republic
of China (AQSIQ) and the Certification and Accreditation Administration of the
People's Republic of China (CNCA) authorized by the State Council.
Article 2
The Compulsory Product Certification System (hereinafter referred to as
CPCS) is applied to products related to human life and health, animals, plants,
environmental protection and national security.
Article 3
Authorized by the State Council, CNCA is in charge of nation-wide
certification and accreditation activities.
Article 4
With regard to CPCS, one Catalogue of Products Subject to Compulsory
Product Certification (hereinafter referred to as the Catalogue), one set of
applicable technical regulations, national standards and conformity assessment
procedures, one obligatory mark and one structural fee chart will be announced
for statutory implementation.
Article 5
Any product covered by the Catalogue must first be certified by a
certification body designated by relevant competent authorities (hereinafter
referred to as DCB). The subject product must obtain the certificate and be
applied the certification mark before it can be marketed, imported or used for
any commercial purposes.
Chapter II Administration and Implementation
Organizations of CPCS
Article 6
Based on relevant national laws and regulations, AQSIQ formulates the
CPCS regulations, approves and declares for implementation the Catalogue.
Article 7
CNCA is specifically responsible for the administration and organizing
the implementation of CPCS. CNCA fulfills the following responsibilities :
1)
To supervise and regulate the certification and accreditation
activities, and to coordinate related major events.
2)
To develop, adjust and to join AQSIQ in declaring for implementation
the Catalogue.
3)
To develop and declare the Implementation Rules of product
certification relevant to the Catalogue.
4)
To specify the applicable certification model for any product covered
by the Catalogue.
5)
To develop and declare for implementation the certification mark.
6)
To specify the form and format of the certificate.
7)
To designate competent certification bodies to undertake product
certification, also designation of competent testing and inspection bodies to
undertake CPCS-related requirements.
8)
To publish the official list of DCBs and list of designated testing and
inspection bodies, together with their specified business scopes.
9)
To publish the official list of certified products and manufacturers.
10)
To approve the exemption of
products for special use from compulsory certification.
11)
To guide AQSIQ local
branches in their efforts to eliminate related illegal practices.
12)
To accept CPCS-related
appeals and complaints. To also organize the elimination of related serious
illegal practices.
13)
To guide CPCS-related
important events.
Article 8
AQSIQ local branches should fulfill the following responsibilities:
1)
To supervise the products covered by the Catalogue in their respective
administrative jurisdiction in accordance with relevant laws and regulations.
2)
To eliminate related illegal practices.
Article 9
The DCBs should fulfill the following responsibilities:
1)
To perform certification according to their designated business scope
following CPCS Implementation Rules.
2)
To grant certificates to certified products.
3)
To undertake follow-up inspection on certified products.
4)
To accept CPCS-related appeals and complaints.
5)
To suspend, cancel or withdraw certificates as and when deemed
necessary.
Chapter
III The Implementation of CPCS
Article 10
Catalogue-covered products are applicable to one or more of the
following certification models.
1)
design appraisal.
2)
type testing.
3)
testing or inspection of samples taken from the factories.
4)
testing or inspection of samples taken from the market.
5)
assessment of the manufacturers' quality assurance system.
6)
follow-up inspection on certified products.
Based on the principle of reasonable convenience, the choice in the
certification model should be made in an objective and constructive manner by
taking into consideration the comprehensive factors such as the product
performance, the degree of possible detriment to human health, the environment,
national security and the product life cycle.
The specific product certification model
is specified in the Implementation Rules.
Article 11
The Implementation Rules cover the following guidelines:
1)
Scope of applicable products.
2)
Technical regulations and national standards corresponding to the
applicable products.
3)
Specific certification model for different products.
4)
Requirements for the division of the product application unit.
5)
Requirements for sampling and sample delivery.
6)
Requirements for the confirmation of key parts and components (when
necessary).
7)
Requirements for testing standards and rules.
8)
Special requirements for factory inspection (when necessary).
9)
Special requirements for follow-up inspection.
10)
Specific requirements to
apply certification marks to applicable products.
11)
Other requirements.
Article 12
Catalogue-covered product certification requires all or part of the
following steps to be taken:
1)
Acceptance of the application.
2)
Type testing.
3)
Factory inspection.
4)
Sampling and testing.
5)
Evaluation of the certification results and approval of certification.
6)
Follow-up inspection.
Article 13
The manufacturer, wholesaler or retailer, as well as the importer can
act as an applicant to apply to a DCB concerning the Catalogue-covered
products.
Article 14
The applicant should comply with the following requirements when filing
an application.
1)
To submit the application, required technical documents and samples to
the DCB by following the Implementation Rules.
2)
When the wholesaler, retailer, or importer acts as an applicant, they
should provide, together with the information specified in 14.1, copy of the
contract signed between the wholesaler or retailer and manufacturer, or signed
between the importer and manufacturer.
3)
Should an applicant authorize another party to apply on their behalf,
they should complete an agreement with the trustee concerning certification,
testing, initial factory inspection and follow-up inspection, etc.. The trustee
should provide, together with the information specified in 14.1, the trust
deed, copy of the entrustment agreement and other relevant contracts.
4)
To pay the certification fee according to the structural fee chart.
Article 15
The DCBs will accept and review the application, arrange type testing,
factory inspection, sample testing etc. based on the Implementation Rules, and
decide on whether or not to grant the certificate for the subject product.
Except in unusual circumstances, DCBs should make the decision and
notify the applicant within 90 days upon the receipt of the completed
application.
Article 16
The certificate serves as valid documentation to indicate that the
Catalogue-covered product meets requirements and that the certification mark
can be applied.
The certificate should include the following information:
1)
Applicant.
2)
Product name, type and series.
3)
Manufacturer and its factory (factories).
4)
Model of certification.
5)
Referred technical regulations and standards.
6)
Date of certificate being granted and validity period.
7)
Certificate granting DCB.
Article 17
The certification mark is referred to as "China Compulsory Certification (CCC)". The certification mark serves as
evidence that the Catalogue-covered product can be marketed, imported or used.
The certificate holder should abide by
the Regulations for Compulsory Product Certification Mark when using the
mark.
Article 18
The DCBs should undertake follow-up inspection on those certified
products and manufacturers based on the specific requirements of the
Implementation Rules.
Article 19
The DCBs should revoke the certificate in the event any of the
following situations arise:
1)
There are some changes or modifications in the technical regulations,
national standards or the Implementation Rules applicable to the Catalogue,
whereby the product can not qualify for the changes or modifications.
2)
The certificate holder failed to prolong the certificate.
3)
The production of the certified product has terminated.
4)
The certificate holder applies to cancel the certificate.
Article 20
The DCBs should suspend the use of the certificate in the event any of
the following situations arise:
1)
The certificate holder uses the certificate or the certification mark
in violation of relevant requirements.
2)
The certificate holder violates the Implementation Rules or the
requirements of the DCBs.
3)
The follow-up surveillance indicates that the certified product failed
to meet the Implementation Rules, but not serious to the extent as to lead to
the immediate withdrawal of the certificate.
Article 21
The DCBs should withdraw the certificate in case any of the following
situations arise:
1)
During the period when the certificate is suspended, the certificate
holder failed to take adequate corrective action.
2)
The follow-up inspection shows that the product bears major defects.
3)
The certified product caused a serious quality accident because of
major defects.
Article 22
Should the applicant or the certificate holder have any objections
concerning the decision of the DCB, the applicant may file an appeal or an
complaint with that DCB. If the applicant has further objections towards the
resolution of the DCB, the applicant may continue to appeal to CNCA.
Chapter IV Supervision and Administration of CPCS
Article 23
The DCBs and the designated testing and inspection bodies should abide
by the following rules:
1)
To accept the supervision and administration of CNCA.
2)
To undertake Catalogue-related certification, testing and inspection
within their designated scope based on the relevant laws and regulations
relative to product quality certification.
3)
To ensure the accuracy of the certification results and to undertake
the corresponding legal obligations.
4)
To report to CNCA on a regular basis Catalogue product certification
updates.
5)
To keep the certified products commercially and technically
confidential. Illegal use of the scientific and technical achievements is
prohibited.
6)
Transfer the right for application review, certification grant
decision, testing and inspection is not permitted unless approved.
7)
Consultancy or product development within their respective designated
business scope of certification is prohibited.
8)
Bilateral or multilateral mutual recognition agreements with other
agencies are not permitted unless approved when certification, testing or
inspection of Catalogue products are involved.
9)
No catalogue-related certificate is allowed to be granted based on the
bilateral or multilateral agreements referred to in Article 23.8.
10)
To join AQSIQ local branches
in their efforts to eliminate illegal practices contrary to the laws,
regulations and rules relevant to quality certification.
11)
To implement an appeal and
complaint response system so that disputes concerning Catalogue product
certification within their designated scope can be handled impartially.
Article 24
Manufacturers, importers, and sale outlets that have obtained the
Catalogue product certification should abide by the following requirements:
1)
To guarantee working environment necessary for certification.
2)
To ensure the certified products meet relevant national standards and
technical regulations are on a continuous basis.
3)
To ensure all the marketed or imported Catalogue products are certified
products.
4)
To apply certification mark to the certified products according to
relevant requirements.
5)
Misguiding consumers with the certificate or certification mark is
prohibited.
6)
Transfer or trading of certificate or certification mark is prohibited.
Partially presenting or copying the certificate is also prohibited.
7)
To accept the surveillance by AQSIQ local branches and follow-up
inspection by the DCBs.
Chapter V Penalties
Article 25
A fine of RMB 30,000 is imposed if the Catalogue products failed to be
certified, and certification must be completed within the specified period.
Article 26
Certification marks must be applied if the Catalogue products are
certified. Otherwise, corrective measures must be completed within the
specified period. A fine of RMB 10,000 is imposed in failing to do so.
Article 27
Punishments will be enacted according to relevant laws and regulations
for the falsification and piracy of certificate or certification mark. Also for
other practices that violate relevant national laws and regulations on product
safety quality licensing and product quality certification.
Article 28
The DCBs and designated testing and inspection bodies that present
falsified testimonial or papers shall bear corresponding legal liabilities.
Article 29
The administrative penalties mentioned in
this Chapter will be exercised by AQSIQ local branches following AQSIQ's
procedures for handling administrative cases.
Chapter
VI Supplement
Article 30
Specific administrative rules including the Implementation Rules and
Regulations for Compulsory Product Certification Mark referred to in these
Regulations will be announced separately.
Article 31
With the authorization of AQSIQ, CNCA will be responsible for the
interpretation of these Regulations.
Article 32
These Regulations will be implemented on May 1, 2002.
