Introduction of compulsory product certification system
First, the compulsory product certification compulsory product certification system, for governments to protect consumers and animal and plant life, personal safety, environmental protection, protection of national security, in accordance with laws and regulations to implement a product conformity assessment system, which requires products to be in line with national standards and technical regulations. Compulsory product certification, product certification is through the development of mandatory product catalog and mandatory product certification procedures, the inclusion of "directory" in the implementation of mandatory testing and product review. Where the inclusion of mandatory product certification directory of products, there is no designated certification bodies to obtain the certificate, without the required certification mark are not allowed to import, not the factory sales and service establishments in the business use. Compulsory product certification system in the promotion of national technical regulations and standards implementation, standardize the market economic order, crack down on fake and shoddy behavior, and promote product quality management and consumer protection, etc., has an irreplaceable role in other work and benefits . Certification system because of its scientific and fairness, has been widely adopted by most countries in the world. Market economy system, governments use compulsory product certification system as a means of market access, is becoming accepted international practice.
Second, the compulsory product certification system "four unity" in the background because of China's certification and accreditation system was established gradually in a planned economy to a socialist market economy, the transition stage, management structure and functions of the division of issues, certification and accreditation policies from different departments, fragmented, duplicate certificate, repeat fees and other defects. In particular, the compulsory product certification system, since its establishment on the existence of multiple systems, policies from different departments, certification and supervision of law enforcement confusing, especially the system of two sets of internal and external problems. Former State Quality and Technical Supervision responsible for country mandatory product safety supervision and management system certification, the former Exit Inspection and Quarantine is responsible for safety and quality of imported goods licensing system. Most of the products covered by the two systems cross, the evaluation based on standards and technical regulations, though not exactly the same but most of the duplicates, fee structure and standards are quite different, both signs of independent existence, mutual non-recognition. Chinese and foreign enterprises have expressed strong opinions. Companies and foreign governments over the years through various channels, to the State Council department in charge of foreign trade and reflect the situation and make suggestions. This problem has become China's WTO accession talks repeatedly called into question the issue. China's accession to the World Trade Organization in multilateral negotiations in the fifteenth, the negotiators urged the parties concerned China will be both internal and external integration of compulsory product certification system, and establishing a new world trade rules require a certification system. To this end, the State Council in the years clearly indicate: the state compulsory product safety supervision and management system certification and safety and quality of imported products into a unified system, licensing system, so that "uniform standards, technical regulations and conformity assessment procedures, unified directory , uniform signs, standardized charges. " Both by the "four unity" principle of re-establishment of China's compulsory product certification system. To fully meet the accession of China's market economy and the need to play our overall effect of certification and accreditation system 30 of the State Council decided the original name of the State Quality and Technical Supervision and the State Administration for Entry merger of Quality Supervision, Inspection and Quarantine of Quality General Inspection, Certification and Accreditation Administration of the Management Committee and the national standards. Certification and Accreditation Administration of the administration under the State Administration of Quality Supervision, Inspection and Quarantine AQSIQ, the State Department authorized to accept direct business, is in charge of certification and accreditation work of the highest administrative organ. Its main functions are unified management and supervision and overall coordination of the national certification and accreditation. This organizational restructuring, as the "four unity" and to achieve full implementation of the work laid the basis for organizational security.
December 7, 2001, AQSIQ and the State Quality Inspection commission held a press conference in Beijing, announced a new "four unity" of the compulsory product certification system, issued the "four unity "of the normative documents. The release of these documents and implementation of national certification and accreditation system marks a new stage of development, the certification and accreditation system for national unity set up and development phase. Also marks China's WTO commitments.
Although the "four unity" to achieve national certification and accreditation system is an important symbol of the establishment, but the "four unity" does not mean that all of the original unity of the department in charge of the implementation of relevant domestic industry Mandatory evaluation of system-related products (such as : network, licensing, registration system), does not mean that a real solution of the product evaluation activities and administrative functions of the distinction between law enforcement and supervision issues. Unified national system of certification and accreditation of the establishment and effective implementation will take time and need of the State Council departments, local government and the community and the general business support.
Third, the new compulsory product certification system, the basic content
(A) the compulsory product certification system, file system
Compulsory product certification system file system consists of the following components:
1, laws and regulations
China's compulsory product certification system based on "Product Quality Law", "Import and Export Commodity Inspection Law", "Standardization Law" as the basis to establish. The object of compulsory product certification system involving human health, animal and plant safety, environmental protection, public safety, national security products. Mandatory product certification of the technical basis for the national compulsory standards or national technical specifications which are mandatory. Compulsory product certification system, the basic framework of three parts, one certification system is established, the second is the implementation of certification, certified implementation of the third, the effectiveness of law enforcement supervision. Compulsory product certification system is established by the Central Government, the state commission responsible for the laws and regulations and the State Council in accordance with the authority to coordinate relevant departments in accordance with the "four unity" principle the establishment of national compulsory product certification system; the scope of authorization by the certification body assume a specific product certification within the mission, presented to the certified product CCC certification; places around the Quality and Technical Supervision and Inspection and Quarantine is responsible for immigration included in the "catalog" products of administrative law enforcement supervision, to ensure the inclusion is not certified "catalog" of products shall import, factory, sales and service activities in business use. For special products (such as: fire protection products), the State Council administrative department shall be authorized to assume the functions of the corresponding regulatory functions.
2, rules
"Regulations for Compulsory Product Certification" (December 3, 2001, the State Quality Supervision, Inspection and Quarantine of AQSIQ No. 5 that the Secretary) to implement mandatory product certification system is the basic document, details the following:
- Establishment and implementation of national compulsory product certification system based on laws and regulations;
- National compulsory product certification system management product range is related to human health and safety, animal and plant life and health, and environmental protection and public safety;
- Compulsory product certification system to the "four unity" as the basic principles of
- The inclusion of compulsory product certification directory of products not certified, and did not increase China Compulsory Certification mark shall not be factory sales, import and use of business service activities
- Provides for the establishment of compulsory product certification system and implement the basic system, namely: AQSIQ issued regulations, the Certification and Accreditation Administration of the unity of the establishment and implementation; designated certification bodies and testing their services, the inspection body and personnel responsible for certification of acceptance, testing, inspection and certificate issuance and supervision of certified products; local quality inspection agency responsible for the inclusion of directory products and producers, importers and vendors, etc. for market supervision; specified agencies responsible for issuing the certification mark China to accept the commission and the commission of the certification mark use of the program review.
- Provides a directory included in the product specific certification rules and procedures required, the certificate and the certificate suspension, cancellation and withdrawal requirements
- Provides a directory of producers, distributors, importers in the compulsory certification system is implemented in the rights and obligations
- Provides for penalties for violation of the provisions of the administrative requirements of
3, normative documents
(1) "Compulsory Product Certification Mark", this document details the following:
- The nature of compulsory product certification mark: for the government-owned, and the certificate issued by the agency designated as listed in the catalog with the product into circulation and use within the field of identification.
- Certification mark of the basic styles:
Certification mark referred to as 3C mark. Provides standard and non-standard certification mark.
- Provides a certification mark of the print, use requirements and application procedures
(2) "the first mandatory product certification catalog": This document announced the first compulsory product certification system product catalog, a total of 19 categories of 132 kinds of products.
(3) "the implementation of mandatory product certification issues related to notice," the document for compulsory product certification system and the effective date of the old and new systems during the transition period and the transition arrangements to make specific provisions.
(4) included in the directory products mandatory certification and implementation rules. These rules are a total of 47, details the relevant mandatory product certification application unit, type testing, factory inspection, approval and certification after the certification and oversight of specific signs of use, certification changes, expansion and other certification requirements. Is a certification body for certification, certification certification applicants and local law enforcement agencies for specific products such as the fundamental basis for supervision and inspection documents.
(5) "bear the mandatory product certification testing inspection agency designated management approach", this document specifies the task to bear mandatory product certification certificate authority and provide product testing and factory inspection tasks of inspection agencies, and supervision of the specified conditions and procedures management requirements.
(6) "Compulsory Certification Fees", the document approved by the State Planning Commission released a mandatory product certification fees and charges and charges related to regulatory requirements, the "four unity" an important part of the file.
As the first implementation of mandatory product certification directory, Certification and Accreditation Administration of the State Administration of Quality Supervision and quality control will gradually implement mandatory product certification-related issues during the development of relevant regulatory documents, including specific product range defined (Joint Announcement No. 60), need to sell the record filing requirements. Meanwhile, the Certification and Accreditation Administration of compulsory product certification system are summarized implementation experience, combined with international practice, the legislative proposals put forward certification and accreditation, certification and accreditation standards act.
(B) the establishment of compulsory product certification system and implementation of system
1, the competent authority and functions of the
AQSIQ Quality Supervision, Inspection agencies directly under the State Council, responsible for national standards, metrology, quality supervision, inspection, quarantine, compulsory product certification in the functions of:
- Approved and released jointly with the commission, "directory";
- Mandatory product certification organizations to develop regulations.
Certification and Accreditation Administration of the State Council authorized the work responsible for the national compulsory product certification bodies. Compulsory product certification system in the establishment and implementation of the functions are to:
- Develop, adjust the "directory" and together with AQSIQ released
- Specify and publish "directory" in the product certification and implementation rules
- Develop and publish the certification mark to determine the requirements of compulsory product certification
- Specify undertake the task of certification bodies and certification to provide product testing, factory inspection, the inspection agency, the issuing authority specify the certification mark
- Publication of the certified products and related businesses
- Guidance to local quality inspection agencies investigate violations of compulsory product certification
- Receiving complaints and appeals matters, investigating and punishing violations of major certification
- Approval of special purpose products from mandatory certification issues
2. Relevant industry sectors in the function of compulsory product certification
In accordance with the provisions of the State Council, the State Council department in charge of the corresponding industry should actively cooperate with, support and obey the Certification and Accreditation Administration of compulsory product certification management. Certification and Accreditation Administration of the compulsory product certification system in the establishment and implementation of various departments will play an active role.
3. Local government quality inspection agency
Local quality inspection agency is the local quality and technical supervision departments and the local entry-exit inspection and quarantine departments. Local quality inspection bodies in the work of compulsory product certification functions are:
- Under the jurisdiction of the district included in the "catalog" product supervision. Supervision focus: not certified or certification mark for products; fake, counterfeit certification mark of the product and consumer complaints and major incidents of product quality. Is strictly prohibited without the certification of the "catalog" of products into this area.
- Violations of the compulsory product certification investigation. The main object of investigation is a violation of compulsory product certification under the "catalog" of producers, distributors, importers and users of business activities in the product. For the supervision and inspection and certification bodies found during the investigation, testing agencies, inspection bodies and certification personnel irregularities or violations reported to the State Certification and Accreditation Administration Committee, by the National Certification and Accreditation Administration Committee solely responsible for investigation, the local quality inspection departments to cooperate. Related to economic sanctions by the Commission under the Certification and Accreditation Administration commissioned the appropriate provincial quality inspection departments.
4. Designated certification bodies and testing, inspection agencies
Designated certification body is the "catalog" of products within the main body of the implementation of mandatory certification, whose main responsibilities are:
- Certification and implementation rules in accordance with the specific implementation of the compulsory product certification activities
- Certified products and related businesses to the mandatory product certification certificate issued
- The certified products and related track and inspect plant
- Suspension, cancellation and withdrawal of certification
- Dealing with interested parties on the certified products and certified the applicant's complaints and appeals
Provide services for the certification testing, inspection body to receive certification body commissioned to provide product certification testing reports, certification of factory production plant review.
Certification body is responsible for mandatory product certification. (Producers, importers, distributors of the production, import and sale of products is responsible, not the transfer of the product certified and the corresponding responsibility.)
5. Issuing authority designated certification mark
In order to facilitate market surveillance, to avoid counterfeiting, China Compulsory Product Certification Mark by the National Certification and Accreditation Administration of the designated agency uniform. Specific tasks designated agencies are:
- According to the certification enterprises, issuing certification mark
- Accept the Certification and Accreditation Administration of the commission, the certification mark for non-standard specifications as well as molding and other ways to use the certification mark used by the approved program
- Quality control for local law enforcement agencies to provide the information needed
(C) the compulsory product certification system, the basic technical requirements
1. Authentication mode and select
Mandatory product certification model can be one or a combination of a variety of modes:
1) Design qualification
2) Type test
3) The manufacturing site inspection or the inspection sample
4) Market sampling or inspection
5) quality assurance system audit
6) to obtain certification of supervision and inspection
Authentication mode based on product performance, human health, the environment and public safety, national security and other aspects of possible hazards, product life-cycle features a combination of factors, according to science, the principles of convenience to be determined. Product-specific certification in a particular mode of implementation of compulsory product certification rules were clear.
2. Certification and implementation rules
According to "mandatory product certification requirements", the State commission shall be prepared and released included in the "catalog" of product certification and implementation rules to guide the applicant to apply for certification, certification bodies for certification of a clear basis for guidance to local quality inspection agencies to implement mandatory certification system for the effectiveness of supervision. Specific product certification implementation rule prepared in accordance with international guidelines (ISO / IEC Guide 28) requirements, generally include the following:
1) The rules cover the range of products
2) rules covering product certification based on national standards and technical rules
3) certification model and the corresponding range of products and standards
4) The application unit for certification rules or regulations
5) product sampling and sample delivery requirements
6) The key components of the confirmation requirement (if required)
7) testing standards and testing requirements and other related rules
8) Review the specific requirements of the factory (required)
9) follow-up examination of the specific requirements
10) mark and the use of the specific requirements of
11) Other provisions.
The criteria set out rules for certification, using the latest effective national standards, industry standards and related specifications. Standard update, certification and implementation rules listed in the standard automatic updates, require special arrangements for the transition period, the state commission will be responsible for the arrangement announced.
3. Certification Program
Mandatory product certification program consists of the following aspects of all or part of the composition:
1) The application for certification and acceptance
This is the initial part of the accreditation process. Designated by the applicant certification body to make a formal written application, according to certification and implementing rules and certification requirements to submit samples of technical documentation and certification, and related matters and certification organizations have signed the agreement (with the application form can also be merged). The applicant can be certified producers, importers and sellers. When the applicant is not the product manufacturer, the applicant should be certified producers of implementation issues and sign the relevant documents, document review, sample testing, factory inspection, to use the logo and follow-up inspection to make arrangements for such matters. Applicants can also apply for proxy authentication agent, but agents have to get the national commission of registration.
2) Type test
Type test certification program is the core part, when the products are special products such as chemicals, the type test sample test this link will be replaced. Type test by the designated testing organization certified in accordance with the rules and certification agency to implement the requirements of the specific implementation. Special circumstances, such as: product more difficult to transport, etc., but also by the certification body type test according to the state commission's request to use the plant resources. In principle, a unit of the type test report of a trial, but for the same applicant in different production plants in the same product, you can only do a test.
3) review of plant
The inspection is an important part of ensuring the effectiveness of certification, factory inspection by the certification body or inspection body designated to implement the rules of the certification requirements. The inspection consists of two parts, first review the consistency of the product, including product structure, specifications, materials or components important to have such verification, the second is the ability of the plant's quality assurance review. In principle, the factory inspection will be conducted after the completion of product testing. Special circumstances, according to the applicant's request, the certification body can also be arranged in advance for factory inspection and the review of man-days needed to make appropriate arrangements. Authorized certification agency management system certification of the factory, the quality assurance capacity in the system part of the review can be simplified or omitted.
4) sampling
Sampling is not suitable for the type test for a part of product design and factory inspection has questioned the consistency of the product, in order to facilitate the business, the general arrangements for sampling carried out during the factory inspection, the applicant can request, sent in advance sample, tested and reviewed before making factory.
5) Evaluation of certification results and approval of
Certification body should review the results of testing and evaluation of the factory to make the certification decision and notify the applicant. In principle, the self-certification agency to receive certification date of the application to make the certification decision to play no more than 90 days.
6) Follow-up inspection.
To ensure the continued validity of the certificate of certified products based on product characteristics arranged follow-up inspection, certification and implementation rules have made detailed provisions. It is worth mentioning that, follow-up inspection consists of two parts, namely, consistency of product quality assurance review and review of the capacity the factory.
4. Certificate and certification mark
Certification is to prove that "directory" in the product line with the rules for certification requirements and permission to use the certification mark of the documents. To facilitate supervision, the format of the certificate provided by the CNCA. The specific contents include:
1) The applicant
2) manufacturers
3) Product name, model or series name
4) producers, production or processing establishments
5) The authentication mode
6) certification based on standards and technical regulations
7) the date of issue and expiry
8) the issuing institution
For the first "catalog" of products, all the certification and implementation rules on the validity of the certificate were not doing a fixed time limit requirements. Validity of the certificate dependent on follow-up inspection to protect.
Compulsory Certification mark the name "China Compulsory Certification." Abbreviation of: CCC. Certification mark is a "directory" within the product allow the factory sale, import and use of that mark. Logo style and use of provisions, see subsequent chapters.
5. Certification cancellation, suspension and withdrawal
In the certificate is valid, the following occurs, the certification body shall cancel the certificate:
1) certification and implementing rules or the standards, technical regulations change, the certificate holder that the product does not meet the requirements of such changes;
2) The certified products are no longer produced;
3) the certificate over the validity of the certificate holders have not applied for the continuation;
4) The application for cancellation of the certificate holder.
In the certificate is valid, the following occurs certification body shall suspend the certificate:
1) Failing to use the certificate and certification mark
2) violation of the rules for certification and the requirements of the certification body
3) supervise and inspect the results of the implementation of rules that do not meet certification requirements.
Validity of the certificate, the following conditions should be revoked certificate:
1) suspend the certification period, failed to take corrective measures
2) monitoring results show that product has serious flaws
3) due to quality defects caused by major accidents.
(D) the parties concerned in the work of compulsory product certification obligations
1. Designated certification bodies, inspection bodies, inspection bodies in the mandatory product certification of obligations:
1) Accept the supervision of CNCA
2) in the corresponding work carried out within the specified range
3) to ensure certification, testing, checking the accuracy of results and assume legal responsibility
4) conservative certified products, the applicant, manufacturer of technical secrets
5) prohibition of unauthorized transfer to other institutions receiving certification, the certification decision, testing, inspection powers
6) not to engage in the business-related consulting services organization
7) are not allowed to sign with other organizations on certification results, test results, test results of the mutual recognition agreement
8) with the supervision and inspection of law enforcement agencies
9) the establishment of the complaint, the complaint mechanism, justice certification dispute.
2. <Directory> of producers, sellers, importers and users of business activities in the implementation of compulsory product certification system in the process of obligations:
1) consciously apply for accreditation
2) guarantees the necessary conditions for certification
3) ensure that certified products consistently meet the certification and implementation rules
4) ensure that sales, imports and use of products certified products
5) The required certification mark
6) the use of CCC certification mark shall not mislead consumers
7) No transfer, sale certificate and certification mark or part of the show, part of the copy certificate
8) to accept the enforcement of law enforcement supervision and inspection department
9) on the production, sales, imports of "catalog" of products bear the responsibility for safety and quality.