The proposed Act outlines the Operating Procedure for the Market Supervision Program conducted by the Certification Body Designated by Anatel (OCD). Although this program is not yet enforced, it provides valuable insights into how Anatel aims to oversee product compliance in the telecommunications sector.
The Market Supervision Program’s primary goal is to verify that products approved by Anatel and available in the market adhere to technical requirements and the documentation submitted during the conformity assessment process.
It applies to Designated Certification Bodies (OCDs) acting as agents in the conformity assessment process and to manufacturers and their legal representatives seeking product approval from Anatel within Brazil.
Market supervision encompasses various technical characteristics, including functional aspects, electromagnetic compatibility (EMC), electrical safety, cybersecurity, and exposure to Electric, Magnetic, and Electromagnetic Fields (CEMRF) for products used near the human body.
Manufacturers must maintain samples from their production lines for at least one year after approval certificate suspension or revocation.
Exceptions apply when production quantities are limited (e.g., 10 units or fewer) or when retaining samples would be excessively burdensome.
Anatel’s selection process for market supervision considers:
- Products intended for general public use.
- Historical non-compliance records.
- Received complaints.
- Types of products not adhering to approval standards.
- Potential impact of incompatible devices on licensed frequency bands and user safety.
- Sample Collection Methods:
- OCDs collect samples through various methods:
- Directly from the market (incognito).
- By requesting proof or authorization from the Applicant.
- Product samples.By requesting the Applicant to forward approved.
This public Consultation is open until July 25th, 2024.
Type Approval Impacted? Yes
Imports Impacted? No
Spectrum Impacted? No
