On February 15, 2024, the National Telecommunications Agency (Anatel) announced a proposal for public consultation regarding revisions to the Regulation on Conformity Assessment and Product Approval for Telecommunications. This document outlines significant changes to the current framework governing the approval and sale of telecommunications equipment in Brazil.
Key Proposed Revisions:
Enhanced Sanctions: The proposal seeks to introduce a more detailed structure for potential sanctions associated with non-compliance. This includes expanded conduct classifications subject to penalty, encompassing additional stages beyond product purchase and sale.
Third-Party Homologation Flexibility: The revision proposes relaxing current regulations for third-party homologation, potentially increasing the number of entities authorized to certify equipment for commercialization. While concerns regarding consumer protection under third-party applications were raised, the agency emphasizes that all parties involved in the distribution or manufacturing process remain subject to applicable consumer protection legislation.
Streamlined Product Sealing: The new regulation aims to remove the mandatory product sealing requirement before entry into the country. This aligns with international practices and facilitates flexibility for global companies in their manufacturing processes.
Reconditioned/Refurbished Product Homologation: The proposal establishes a framework for the homologation of reconditioned or refurbished equipment through a technical instrument. This aims to simplify the process while ensuring adherence to the core technical and operational standards applied to regular product homologation.
Public Consultation:
Anatel will be conducting a 45-day public consultation period to gather feedback on the proposed revisions. The specific date for the consultation launch will be announced shortly. This provides an opportunity for stakeholders, including consumers, manufacturers, and industry representatives, to contribute their perspectives and shape the final regulations. Details regarding the consultation text and participation mechanisms will be made available through official channels once the process commences. This proposed revision represents a significant development in the regulatory landscape for telecommunications products in Brazil. Entirety will keep informing once the participation is active and will be participating in the consultation process, stakeholders can contribute to shaping regulations that promote consumer protection, industry efficiency, and innovation in the Brazilian telecommunications market.
Type Approval – Market Access Requirements Impacted? Yes
Spectrum Impacted? No
Imports Impacted? No
