Implementation Rules for the Cancellation, Suspension and Revocation of Mandatory Product Certification Certificates (Announcement No. 19 of 2008)
In order to standardize mandatory product certification activities, further clarify the conditions for the cancellation, suspension and revocation of mandatory product certification certificates, and strengthen the effective management of mandatory product certification certificates, in accordance with the relevant requirements of the "Regulations of the People's Republic of China on Certification and Accreditation" and the "Regulations on the Management of Mandatory Product Certification", The CNCA has formulated the Implementation Rules for the Cancellation, Suspension and Revocation of Compulsory Product Certification Certificates, which are hereby promulgated and take effect as of the date of promulgation, and all relevant units are requested to comply with them.
It is hereby announced.
Annex: Mandatory product certification cancellation, suspension, revocation implementation rules
24 June 2008
Mandatory product certification cancellation, suspension, revocation implementation rules
1 Purpose
These rules are formulated in order to standardize and clarify the deregistration, suspension, revocation conditions and related matters of certification certificates in mandatory product certification (hereinafter referred to as CCC certification) activities, and to unify the related activities of designated mandatory product certification bodies (hereinafter referred to as certification bodies).
2 Scope of Application
These rules apply to certificate cancellation, suspension, revocation and other related activities involved in the CCC certification process of each certification body. Before the promulgation of these Rules by the National Certification and Accreditation Administration (hereinafter referred to as the CNCA), the relevant CCC certification implementation rules and other normative documents, as well as the relevant technical and procedural documents formulated by the certification bodies themselves, if inconsistent with these Rules, these Rules shall prevail.
3 Responsibilities
Each certification body shall, in accordance with the provisions of these Rules, specifically implement the deregistration, suspension and revocation of CCC certification.
The CNCA is responsible for the supervision and administration of the cancellation, suspension and revocation of certificates carried out by various certification bodies.
4 Deregistration of the certificate
4.1 In any of the following circumstances, the certification body shall cancel the certification certificate:
(1) The validity period of the certification certificate expires, and the certification client does not apply for extension of use;
(2) Certification client/production factory due to enterprise bankruptcy, bankruptcy, dissolution, production structure adjustment and other reasons to no longer produce certified products, certification client initiative to give up to maintain the certification certificate;
(3) The model of the certified product has been included in the catalogue of products that have been eliminated or prohibited by the State;
(4) The certification client applies for cancellation;
(5) Other circumstances in which the certification certificate should be cancelled.
4.2 Relevant provisions on the cancellation of certification certificates
(1) From the date of cancellation of the certification certificate, the products covered by the factory or import certification certificate shall not be continued, and the products covered by the factory or import certification may continue to be sold or used in other business activities.
(2) After the certification is cancelled, it cannot be restored for any reason, and the certification client can apply to the certification body for certification again. The type test report and factory inspection report of the product corresponding to the cancelled certification certificate are no longer valid.
5 Suspension of the certificate
5.1 When one of the following circumstances occurs, the certification body shall suspend the certification certificate:
(1) The certification client/related party (including producers, sellers, importers, manufacturers, the same below) violates national laws and regulations, national or provincial supervision and sampling results prove that the product is unqualified, but there is no need to revoke the certification certificate immediately;
(2) The certification basis or implementation rules applicable to the certified product are changed or changed, and the certification client fails to perform the change procedure as required within the prescribed time limit, or the product does not meet the change requirements;
(3) The supervision and inspection results prove that the certification client has violated the provisions of the CCC certification implementation rules (including product sampling test failure, factory supervision and inspection failure, product consistency problems, etc.) or the relevant requirements of the certification body, but can meet the certification requirements through rectification;
(4) The certification client/relevant party does not use the certification certificate and certification mark as required, and carries out an investigation according to the circumstances;
(5) The certification client/relevant party does not accept or cannot accept the supervision inspection or supervision sampling test without prior notice of the relevant state department or certification body within the prescribed period of time without justifiable reasons;
(6) The certification client/relevant party does not cooperate with the relevant national departments or certification bodies in accordance with the CCC certification implementation rules in the market or sales site to take samples for testing;
(7) The information of the certification certificate (such as the name or address of the applicant/producer/production plant, certified product model or specification, etc.) has changed or there is evidence that the organizational structure and quality assurance system of the production plant have undergone major changes, and the certification client has not applied to the certification body for approval or filing of the change;
(8) Due to seasonal production, production according to order and other reasons, the certification client applies for suspension of the certification certificate;
(9) Other circumstances in which the certification should be suspended.
5.2 Relevant provisions on suspension of certification
(1) The suspension period of the certification shall be regarded as invalid, and the products covered by the factory and import certification shall not be allowed during the suspension period. For the products covered by the certification certificate that have been manufactured and imported, the certification body shall evaluate the possible safety risks of the products according to the reasons for the suspension of the certificate, and those that may cause damage to human health and life safety. In accordance with the relevant provisions, the quality inspection department shall be notified in a timely manner or take corresponding measures.
(2) Due to the seasonality of production, production according to order and other acceptable reasons, by the certification client to suspend the certification certificate, the suspension period of the certification certificate is up to 12 months, and the application must be submitted at least 1 month in advance. In other cases, if the certification is suspended due to other reasons mentioned in Article 5.1 above, the suspension period of the certificate is up to 3 months. The suspension period starts from the date of issuance of the suspension notice by the certification body.
6 Suspend the restoration of the certificate
6.1 For the certification that is suspended due to the circumstances of Article 5.1, the certification body shall inform the certification client of the reasons and duration of the suspension of the certificate, and specify the relevant requirements for the restoration of the certificate according to the reasons for suspension.
6.2 The certification client may apply to the certification body for restoration within the suspension period of the certification certificate.
If the certification client passes the rectification and meets the relevant requirements according to the relevant provisions of the certification body, the certification body shall restore its certification certificate.
7 Revocation of the certificate
7.1 In any of the following circumstances, the certification body shall revoke the certification certificate:
(1) At the expiration of the suspension period of the certification certificate, the certification client has not applied for the restoration of the certification certificate, has not taken rectification measures or is still unqualified after rectification;
(2) The key components, specifications and models of the certified products, as well as the design, structure, process and important materials/raw materials manufacturers related to the safety of the whole machine or electromagnetic compatibility have changed, resulting in serious safety risks of the products;
(3) The tracking inspection results of the certification body prove that there are serious defects in the quality assurance capability of the factory;
(4) The certification client provides false samples, and the certified product is inconsistent with the type test sample;
(5) The certification client/relevant party violates the national laws and regulations, the national or provincial supervision and sampling results prove that the product has serious defects, the product safety test items are unqualified or the consistency of serious problems;
(6) Defects of certified products lead to quality safety accidents;
(7) After the certification is suspended due to the provisions of 5.1 (5) and (6), they still refuse to accept supervision and inspection or supervised sampling testing, or they still do not cooperate with the sampling of samples in the market or sales place for testing;
(8) The certification client/relevant party fails to use the certification certificate and certification mark as required, rent, lend or transfer the certification certificate and certification mark, and the circumstances are serious;
(9) resorting to fraud, using fraud, bribery and other improper means to obtain certification, or there are other serious violations of laws and regulations that directly affect the validity of the certification results;
(10) Other circumstances in which the certification should be revoked.
7.2 Matters related to revocation of certification
(1) From the date of revocation of the certification certificate, the products covered by the certification certificate shall not be exported, sold, imported or used in other business activities. The certification body shall evaluate the possible safety risks of the product according to the reasons for the revocation of the certificate, and shall timely notify the quality inspection department or take corresponding measures in accordance with the relevant provisions if it may cause damage to human health and life safety.
(2) After the certificate has been revoked, it cannot be restored for any reason. After the rectification, the certification client can apply for certification again to the certification body. For products whose certification certificate has been revoked, the corresponding product type test report and factory inspection report are no longer valid. Any certification body shall not accept the certification of the product within 6 months.
When the certification body accepts the application for certification that holds the product type test report and the factory inspection report, it shall formulate strict audit procedures to carefully confirm whether the product applied for certification has been revoked the certification certificate, and whether the corresponding product type test report and the factory inspection report are valid.
8 Information Communication
The certification body shall notify the certificate holder in an appropriate manner on the day of cancellation, suspension (including restoration) and revocation of the certificate, and formally notify the certificate holder in writing within 5 working days from the date of cancellation, suspension (including restoration) and revocation of the certificate, informing the reason and the necessary measures to be taken next step. Maintain a record, in an appropriate manner, that the certificate holder has been made aware of this information.
The certification body and after the certification certificate is cancelled, suspended (including restoration), revoked, must be in accordance with the CCC certification information data reporting requirements of the CNCA, timely submitted to the CNCA information Center, as well as the provincial, autonomous region, municipalities directly under the quality and technical supervision bureau and the inspection and quarantine Bureau certification regulatory bodies. The Information Center of the CNCA shall publish relevant information in a timely manner, so that interested parties (such as local law enforcement departments, sellers, consumers, etc.) can effectively obtain information about the status of the certification and its status changes (including the time, reason, period, etc.).
Certification bodies should strengthen information communication and cooperation with local certification regulatory authorities and law enforcement (inspection) departments in their daily work, and timely collect regulatory law enforcement, special supervision and random checks at all levels, complaints from relevant parties, media exposure and other illegal information from market or industry regulatory authorities. For mandatory certification products, certification bodies should assist in the investigation of illegal acts. And according to the relevant provisions of the relevant certification to take suspension, revocation and other follow-up measures.
9 Other Matters
9.1 The certification body shall establish strict and effective working procedures and processes to ensure that the activities related to the cancellation, suspension (including restoration) and revocation of the certification are properly implemented under controlled conditions.
9.2 Certification bodies shall strictly implement the requirements of these Rules and shall not relax the conditions without authorization.
9.3 If the certification client has objections to the cancellation, suspension (including restoration) or revocation of the certification certificate, it can appeal to the CNCA or relevant certification bodies.
9.4 The CNCA is responsible for the interpretation of these Rules.
