Brazil (ANATEL) - Report Nº 55, New Acts 2220 / 2221 / 2222
April 22, 2020
ANATEL Resolution 715 came into force on April 22. Due to the COVID-19 pandemic, ANATEL postponed the Public Consultation of the Operational Procedures. These documents are the guidelines, and without them the new Res. 715 could not become operational. Last week, ANATEL published three new Acts to retain the Res. 715 in force. This new Acts keep the procedure almost the same as old Res. 242.
Below are details about the new Acts and the main changes:
1) Act 2220 (April 20th, 2020) – Operational Procedure for Telecommunication Products’ Conformity Assessment by Certification
- There is no more product division by categories (I, II, III);
- Certification is now based on 3 models:
- TYPE 1 scheme – Certification based on Type Testing. This model does not include the maintenance stage (like the rules used for Category III before);
- TYPE 4 scheme – Certification based on Type Testing with Periodic Product Evaluation (periodic maintenance) according to the Telecommunications Products Reference List (like the rules used for Category II before);
- TYPE 5 scheme – Certification based on Type Testing with Periodic Product Evaluation (periodic maintenance) and the Factory Management System (like the rules used for Category I before).
- The equipment’s firmware or software identification and version should be included in the OCD RACT (Technical Compliance Assessment Report), if any of these items of the product’s design and operation interferes with the mandatory requirements for certification;
- In case of OCD transferring, the OCD responsible for the initial certification must make the documents available to the new OCD within 7 (seven) working days.
2) Act 2221 (April 20th, 2020) – Operational Procedure for Anatel Homologation Identification Marking in Telecommunications Products
- E-Label is acceptable (see the Act 2221 item 6 for more details);
- ANATEL symbol (logo) is now optional in the marking, so it is up to the manufacturer to use it or not. It is possible to use the simplified marking (ANATEL: HHHHH-AA-FFFFF) for all devices, not only for the small size like before;
- Devices where there is no enough space, if duly proved, and also where there is no other certification marking (such as FCC) can waive the marking in its label, being possible to include in the manual.
- The ANATEL marking on the product must be provided prior to use or making it available on the market. In the case of imported telecommunications products, the marking of the approval must be placed before the product enters in Brazil (in force after 6 months of the Act 2221 publication), except for the following cases:
- Unfinished products subject to approval whose import is carried out by the Applicant to finalize the product in national territory;
- Products that require the use of Security Seal (Mint Label), such as Mobile phones’ charger and batteries; and
- Products for the importer’s own use.
3) Act 2222 (April 20th, 2020) – Telecommunication Products Reference List
The Telecommunications Products Reference List classifies products into families, taking into consideration the similarity of the technical characteristics and the field of application of the products, and describes the modality and model of conformity assessment applicable to each type or family of products subjected to approval by Anatel, and there is no more product division by categories.
This List remains with the same current products, that is, there have been no updates of Product Types. As Categories I, II and III that defined the Maintenance period were excluded, the Conformity Assessment Model was added to the last column of this list, informing the Periodic Evaluation of the Product.