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英譯法規內容

法規名稱(Title) Application Procedures for Registration of Product Certification Ch
公發布日(Date) 2017.10.02
法規沿革(Legislative) Adopted by Bureau of Standards, Metrology and Inspection on 22 December 1999.
7 clauses amended and adopted by Bureau of Standards, Metrology and Inspection on 2 January 2002.
8 clauses amended and promulgated by Bureau of Standards, Metrology and Inspection on 17 May 2005.
9 clauses amended and promulgated by Bureau of Standards, Metrology and Inspection on 16 March 2007.
11 clauses amended and promulgated by Bureau of Standards, Metrology and Inspection on 23 September 2011.
11 clauses amended and promulgated by Bureau of Standards, Metrology and Inspection on 2 October 2017.
法規內文(Content)
 

1. The term “applicant” refers to a domestic manufacturer or a person who entrusts others to manufacture the commodities. For commodities to be imported, an applicant refers to the sales agent or importer who has a domicile or business place in Taiwan. Applications for Registration of Product Certification (RPC) shall be made in accordance with these Procedures.

2. Application for Registration

2.1 An applicant shall first refer to and check the appropriate boxes of the “List of Attachments for Application for Registration of Product Certification” (Form AP-01).

2.2 Documents to be attached to an application include:

2.2.1 Basic documents:

(1)An application form (Form AP-02-1) and an electronic file containing the application information presented in the format required by BSMI (downloadable from Bureau of Standards, Metrology and Inspection (BSMI) web site).

(2) A copy of the company registration, business registration, factory registration certificate, ID card or other equivalent establishment registration documents of the applicant.

2.2.2 Conformity assessment documents (where the specific module is applicable):

(1) Module I: A declaration of internal-control (Form AP-03) and the required designated technical documents.

(2) Modules II + III:

(a)  A type-test report issued by BSMI or its branches (the inspection authority) or a designated testing laboratory recognized by BSMI;

(b)  A declaration of conformity-to-type (Form AP-04); and

(c)  Related technical documents and information.

(3) Modules II + IV, Modules II + V, or Modules II + VI:

(a)  A type-test report issued by the inspection authority or a designated testing laboratory recognized by BSMI;

(b)  A copy of the quality management system registration certificate issued by BSMI or a quality management certification body recognized by BSMI;

(c)  A declaration of conformity-to-type (Form AP-04); and

(d)  Related technical documents and information.

(4)  Modules II + VII:

(a)  A type-test report issued by the inspection authority or a designated testing laboratory recognized by BSMI;

(b)  A copy of factory inspection report issued by the inspection authority or a designated factory inspection body recognized by BSMI, dated the same year or previous year of the application for RPC;

(c)  A declaration of conformity-to-type (Form AP-04); and

(d)  Related technical documents and information.

2.2.3 There is no requirement for the date of issue of the type-test report mentioned in Clause 2.2.2. However, where specific requirements are stated for individual product category, such requirements shall apply.

2.2.4 If the registration certificate for quality management system of modules II+IV, II+V is for foreign factory, the certificate shall be issued by foreign quality management certification body recognized by BSMI or domestic quality management certification body recognized by BSMI.

2.3 An applicant shall submit an application to the inspection authority or a commissioned product certification body (hereinafter referred to as the certification body).

2.4 If you appoint someone else to register for commodity inspection & product certification, you must attach a letter of appointment or its power of attorney.

3. Acceptance and examination

3.1 An application number shall be given to each application based on the Coding Rules of the Certificate Coding of the Registration of Product Certification Scheme (Form RE-01) if the application documents comply with the requirements. The inspection authority or certification body shall charge an application fee according to the Regulations Governing Fees for Commodity Inspection.

3.2 In accordance with the different Nationality, an application number shall be given to each application under the Mutual or Multilateral Recognition Arrangements also based on the Coding Rules of the Certificate Coding of the Registration of Product Certification Scheme (Form RE-01).

3.3 If deficiencies are discovered in the application documents that can be rectified, such as mistakes or incomplete information, the inspection authority or certification body shall issue a “Notice for Supplementing Documents for Application for Registration of Product Certification” (Form CH-01) to the applicant, and there will be no limit for the number of Notice to be issued. The applicant must rectify the deficiencies in the application document within two months or they will be issued a “Notice of Non-conformity for Registration of Product Certification” (Form CH-02) and the case shall be closed. If the deficiencies in the documents cannot be rectified, a “Notice of Non-conformity for Registration for Product Certification” shall be issued.

3.4 Documents that are provided by the applicant in lieu of the type-test reports required in Module II of the RPC Scheme in accordance with Paragraph Two of Article 4 of the Regulations Governing Registration of Product Certification (hereinafter referred to as the Regulations), such as the Type Approval Certificate or Chinese National Standards (CNS) Mark Certificate, shall comply with the following two requirements:

(1) The Type Approval Certificate is reviewed to comply with requirements.

(2) The date of issue of the inspection report for use of the CNS Mark is within one year prior to the application for RPC.

3.5 A certificate issued under the Mutual or Multilateral Recognition Arrangements that are submitted by the applicant shall regard to meet the requirements in the conformity assessment procedures of the RPC Scheme in accordance with Paragraph Four of Article 4 of the Regulations. The applicant must retain the related technical documents are subject to checks by the inspection authority or certification bodies in accordance with Article 8 of the Regulations Governing Registration of Product Certification.

4. Issuance of RPC Certificate

4.1 The RPC Certificate, if after the applied commodity has been reviewed and approved for registration, will be issued by the inspection authority or certification body (Form CE-01、CE-03), or by the applicat to print out their own e-Cert.

4.2 The inspection authority or certification body shall also issue the RPC Certificate (Form CE-01) for the application that the applicant submit the certificate issued under the Mutual or Multilateral Recognition Arrangements is granted upon check of the application.

4.3  Upon the RPC Certificate is issued by the inspection authority or certification body, or by the applicant to print out their own e-Cert., the applicnt is granted to use the RPC Mark according to the Regulations Governing the Use of Commodity Inspection Mark. The graphic symbol and identification number are illustrated in the drawing method (Form RE-02).

4.4 Where the commodity inspection mark for certain products designated by BSMI per public notice is to be printed by BSMI, the RPC certificate holder (hereinafter referred to as certificate holder) shall make an application for obtaining such inspection mark labels by submitting the following documents:

(1)  Application form for a specific commodity inspection mark and an electronic file containing the application information presented in the format required by BSMI (downloadable from BSMI web site).

(2)  The copy of the RPC Certificate.

(3)  Related documents and information designated by BSMI.

The specific inspection mark labels will be issued by inspection authority or certification body upon check the application in accordance with the regulation of the inspection mark procedure.

5. Extension of RPC Certificate

5.1 An application for extension of the term of validity of the certificate shall be submitted to the inspection authority or certification body that issues the original certificate. The application shall be made within a period of three months prior to the expiration of the certificate.

5.2 Documents required for an extension of the RPC Certificate include

(1) A completed application form and an electronic file containing the application information presented in the format required by BSMI (downloadable from BSMI web site);

(2) The original or copy of registration certificate;

(3) If the inspection standards of the registered commodities are revised, related documents demonstrating compliance with the latest inspection regulations promulgated by BSMI;

(4) A declaration of conformity-to-type (Form AP-04);and

(5) Other related technical documents and information designated by BSMI.

5.3 An extension will be granted for one time only. A new application for RPC is required after the expiration of the original certificate.

6. New applications for RPC Certificate

6.1 A new application shall be made when the total term of validity of six years (including the one time extension) expires. Clause 2 of these Procedures shall apply to such new applications.

6.2 Where the commodity and the inspection standards remain the same when a new application is made, a valid type-test report and related technical documents or original RPC certificate (the original or copy) may be accepted as the application document. Under the circumstances that the registration had been revoked or had been rescinded according to Subparagraphs One to Six, Subparagraph Eight, or Subparagraph Nine of Article 42 of the Commodity Inspection Act, the original RPC certificate shall not be submitted as conformity assessment document for the new application. The inspection authority or certification body may, for purpose of verification, request samples to be provided by the applicant.

6.3 If the applicant submit the original RPC certificate (the origin or copy) to make a new application, the inspection authority or certification body shall review the type-test report and related technical documents which are deposited in the original file to certify they are comply with the requirements of the inspection standards and technical regulation and then transfer these documents to the new file of new RPC certificate. 

7. Authorization of registered products for customs clearance

7.1 For authorizing customs clearance of the registered products, the certificate holder shall provide the following documents:

(1) A completed application form and an electronic file containing the application information presented in the format required by BSMI (downloadable from BSMI web site);

(2) A letter of authorization for customs clearance of the registered products (Form AP-05); and

(3) Copies of the registration certificates of the company, business or factory, or other equivalent documents of the designated representative or personal identification under authorization.

(4) The commodities manufactured in Taiwan locally, shall notice subject to import authorization, except the case that has been approved by the BSMI.

7.2 An Import Release Notice of Authorization for Registered Products (Form CE-02) will be issued by the inspection authority or certification body, after having confirmed the validity period of authorization. “The Coding for the Import Release Notice of Authorization for Registered Products” (Form RE-03) shall apply to the numbering of these notices.

7.3“The Coding for the Import Release Notice of Authorization for Registered Products” (Form RE-03) shall also apply to the numbering of the notice under the Mutual or Multilateral Recognition Arrangements in accordance with the different Nationality.

7.4 Where the certificate holder informs the inspection authority or certification body of the termination of authorization in writing, a written notice shall be sent to the designated representative under authorization on the rescission of related Import Release Notice of Authorization for Registered Products issued to him.

8. Application for transfer of RPC certificates

8.1 Where a certificate holder no longer exists due to a merge with other companies, the other companies or the new company may apply for transfer of the RPC certificates of the certificate holder by providing the following documents:

(1) A completed application form and an electronic file containing the application information presented in the format required by BSMI (downloadable from BSMI web site);

(2) Copies of the registration document of the applicant or other equivalent documents;

(3) Copies of the approval document for the merger issued by the competent authority;

(4) Copies of the approval document concerning the merger and dissolution issued by the competent authority; and

(5)  The original or copy of RPC certificate to be transferred.

8.2 A head office shall apply for transfer of RPC certificates of its branch office whose registration had been cancelled, by providing the following documents:

(1) A completed application form and an electronic file containing the application information presented in the format required by BSMI (downloadable from BSMI web site);

(2) Document which can demonstrate the relationship between the head office and the branch office;

(3) Copies of the approval document concerning the dissolution registration of the branch office issued by the competent authority; and

(4) The original or copy of RPC certificate to be transferred.

8.3 The applicant will not be granted to use the certificate holder’s identification number if it has its own identification number already.

8.4 Under the circumstance that the applicant assumes the legal status of the certificate holder, which no longer exists due to division of business, acquisition of business or reorganization, the applicant may apply to BSMI for transfer of RPC certificates by submitting an application letter, documents demonstrating the relationship between the applicant and the certificate holder, and the copies of RPC certificates, or a certificates list if the amount of certificates to be transferred is above 10.

9. Application Procedure for Certification of Conformity under Mutual Recognition Arrangements

9.1 Documents to be attached to an application include:

(1) Application Form for Certification of Conformity under Mutual Recognition Arrangements (Form MRA-AP-12) and an electronic file containing the application information presented in the format required by the BSMI (downloadable from the BSMI web site).

(2) A type-test report issued by the Inspection Authority or a designated laboratory recognized by the BSMI.

(3) Copies of the registration document of the company, business or factory, or other equivalent document.

9.2 An application number shall be given to each application based on the Coding Rules of the Certificate Coding of the Mutual Recognition Arrangements (Form MRA-RE-05) if the application documents comply with the requirements. The inspection authority or certification body shall charge an application fee according to the Regulations Governing Fees for Commodity Inspection.

9.3 The inspection authority or certification body shall issue the Certificate of Conformity (Form MRA-CE-04 or 05) for commodities covered under the application if registration is granted upon review of the application in accordance with the Mutual Recognition Arrangements.

10 Payment for annual fee

10.1 An applicant shall pay the annual fee in order to obtain the RPC certificate. The applicant has to pay additionally the annual fee of the next year when the date of issue is after October first.

10.2 The inspection authority or certification body shall, beginning from Oct.1 of each year, set forth the annual fee for next year,and the certificate holder or the notarial person shall pay it by Nov. 30. Each certification body may notity the certificate holder. After Dec. 1, notice of reminders will be sent to those who have expired, and the deadline of payment on Dec. 15.


10.3 Where the certificate holders fail to pay the annual fee before December fifteenth, the RPC registration shall be revoked in accordance with Subparagraph Seven of Article 42 of the Commodity Inspection Act. The revocation comes to effect on January first of the next year.

10.4 Certificate holder or notorial person, in accordance with the first paragraph of Article XI of the Regulations, to apply for self-cancellation of the certificate, or the certificate has been revoked or rescinded, its annual fees paid will not be refunded, except in the case of overcharged fees or misconduct or other write-offs.

11 Administration, changing and Surveillance

11.1 The inspection authority or certification body shall establish a directory of registered RPC commodities that have been permitted to use the RPC Mark.

11.2 The certificate holder of RPC registered commodities, if the following substantive changes (appliant, address, person in charge, commodity classification, production plant, product name and model), should apply for change to the original inspection authority or certification body. If necessary, check the consent of competent authority of the copy of approval, or conformity assessment document (or with a declaration of conformity to type). The certificate holder shall apply for a replacement of the certificate if such changes involve registered content.

11.3 A commodity manufactured by a non-registered production premise is not a registered product.

11.4 Where a certificate holder is a sole proprietorship, a new application for RPC certificate shall be made if the responsible person is changed.

11.5 Where the registered commodities are sold to another person and marketed under the name of that person, the certificate holder shall submit the “Notification of Contracted Production Sell of Registered RPC Products” (Form AP-11) to report the name and address of the seller to the inspection authority or certification body. The inspection authority or certification body shall record the information in computer systems for purpose of auditing.

11.6 For cancellation of registration certificate applied by the certificate holder, the inspection authority or certification body shall suspend the approval if the commodity inspection does not meet the inspection standards. However it will not be subject to this limit if the certificate holder has re-obtained the type test report.

11.7 For the certificate holder or nominee to apply for series, approval, extension, or change the application case, the inspection authority or certification body should confirm that the quality management system registration certificate is still valid for period.

 

圖表附件(Attachments)