Commentaries: Annex 3

(Art. 13)

Type examination, followed by conformity to type based on an internal production control

I Type examination (Module B)

1 The type examination is the part of the conformity assessment procedure in which a conformity assessment body examines the technical design of the radio equipment and certifies that it satisfies the essential requirements of this Ordinance.

2 A type examination is carried out by assessing the adequacy of the technical design of the radio equipment through examination of the technical documentation referred to in point 3, without examination of a specimen (design type).

3 Request for a type examination

3.1 The request for a type examination must be submitted by the manufacturer to a single conformity assessment body of its choice.

3.2 The request includes:

the name and address of the manufacturer and, if the request is submitted by the authorised representative, the agent’s name and address as well;
a written declaration that same request has not been submitted to any other conformity assessment body;
the technical documentation referred to in Article 14;
the supporting evidence for the adequacy of the technical design solution. This supporting evidence shall mention any documents that have been used, in particular where the relevant technical standards of OFCOM (Art. 31 para. 2 let. a TCA) have not been applied or have not been fully applied. The additional supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on its behalf and under its responsibility.

4 The conformity assessment body shall examine the technical documentation and additional supporting evidence to assess the adequacy of the technical design of the radio equipment.

5 The conformity assessment body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes. Without prejudice to its obligations as provided in point 8, the conformity assessment body shall release the content of that report, in full or in part, only with the agreement of the manufacturer.

6 Type examination certificate

6.1 Where the type meets the requirements of this Ordinance that apply to the radio equipment concerned, the conformity assessment body shall issue a type examination certificate to the manufacturer. The certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the aspects of the essential requirements covered by the examination, the conditions (if any) for its validity and the necessary data for identification of the approved type. The type examination certificate may have one or more annexes attached

6.2 The type examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured radio equipment with the examined type to be evaluated and to allow for in-service control.

6.3 Where the type does not satisfy the applicable requirements of this Ordinance, the conformity assessment body shall refuse to issue a type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal

7 Obligations to take action

7.1 The conformity assessment body shall keep itself apprised of any changes in the generally acknowledged state of the art; if there is any indication that the approved type may no longer comply with the applicable requirements of this Ordinance, it shall determine whether such changes require further investigation. If so, the conformity assessment body shall inform the manufacturer accordingly

7.2 The manufacturer shall inform the conformity assessment body that holds the technical documentation relating to the type examination certificate of any modifications to the approved type that may affect the conformity of the radio equipment with the essential requirements of this Ordinance or the conditions for the validity of the certificate. Such modifications shall require additional approval in the form of an addition to the original type examination certificate

8 Obligations to provide information

8.1 Each conformity assessment body shall inform OFCOM of the type examination certificates and/or any additions thereto that it has issued or withdrawn and shall provide OFCOM periodically or on request with a list of certificates and/or additions thereto to that it has refused, suspended or otherwise restricted in any other way.

8.2 Each conformity assessment body shall inform the other conformity assessment bodies of any type examination certificates and/or any additions thereto that it has refused, suspended or otherwise restricted in any other way, and shall notify them on request of any such certificates and/or additions thereto that it has issued.

8.3 Each conformity assessment body shall inform OFCOM concerning the type examination certificates and/or any additions thereto that it has issued, where technical standards designed by OFCOM (Art. 31 para. 2 let. a TCA) have not been applied or not been fully applied. OFCOM and the other conformity assessment bodies may, on request, obtain a copy of the type examination certificates and/or additions thereto. OFCOM shall on request be provided with a copy of the technical documentation and the results of the examinations carried out by the conformity assessment body. OFCOM shall keep a copy of the type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, for ten years from the assessment of the radio equipment until the expiry of the validity of that certificate

9 The manufacturer shall retain a copy of the type examination certificate, its annexes and additions and the technical documentation for ten years after the radio equipment has been placed on the market for submission to OFCOM.

10 The manufacturer’s authorised representative may submit the request referred to in point 3 and fulfil the obligations set out in points 7 and 9, provided they are specified in a mandate.

II Conformity to type based on internal production control (Module C)

1 Conformity to type based on an internal production control is the part of a conformity assessment procedure in which the manufacturer fulfils the obligations set out in points 2 and 3 and ensures and under its responsibility declares that the radio equipment concerned conforms to the type described in the type examination certificate and satisfies the applicable requirements of this Ordinance. 2 Manufacture 2.1 The manufacturer shall take all the measures required to ensure that the production process and its monitoring guarantee the conformity of the manufactured radio equipment with the type described in the type examination certificate and with the applicable requirements of this Ordinance. 2.2 The manufacturer shall take appropriate account of any changes in the radio equipment design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of the radio equipment is declared. 3 Conformity marking and declaration of conformity 3.1 The manufacturer shall affix the conformity marking to each individual item of radio equipment that is in conformity with the type described in the type examination certificate and satisfies the applicable requirements of this Ordinance. 3.2 The manufacturer shall issue a written declaration of conformity for each radio equipment model in accordance with Annex 5. 4 Authorised representative 4.1 The manufacturer’s obligations mentioned in point 4 may be fulfilled by its authorised representative on the manufacturer’s behalf and under its responsibility provided such obligations are specified in a mandate. 4.2 The design and manufacture of radio equipment and drawing up the technical documentation may not be delegated to the authorised representative.