Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B14: Authorization requirements for importing certain products 

Date when the measure came into force

01 January 2015 

Publication where the measure is specified

STATUTORY INSTRUMENTSSTATUTORY INSTRUMENTS SUPPLEMENT No. 10 11th March, 2005 STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 14 Volume XCVIII dated 11th March, 2005 Printed by UPPC, Entebbe, by Order of the Government 

Regulation where the measure is specified

The Communications (Telecommunications and radio communicatons equipmnt type approval)Regulations 2005 ( Under section 94 of the Uganda communications Act,cap 106 

Country/Region applying the measure

Uganda 

The rationale of the measure

to protect the safety of end-users of telecommunications and radio communications equipment; 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

10.Categories of type approval of equipment
Type approval of equipment may be applied through verification, certification or authorization of the equipment.
11.Verification of equipment
(1) The verification of equipment shall signify that a manufacturer or importer of equipment determined that the equipment was proved to be capable of compliance with the prescribed technical standards, if no unauthorised change is made in the equipment and where the equipment is properly maintained and operated.
(2) Verification of a telecommunications or radio communications equipment shall be by a declaration of conformity where a manufacturer or responsible party makes measurements or takes the necessary steps to ensure that the equipment complies with the appropriate technical standards.
(3) The verification of equipment attaches to all items subsequently marketed by a manufacturer or importer, which are identical to a tested sample and found acceptable by the manufacturer.
(4) A declaration of conformity attaches to all items, subsequently marketed by a party responsible for marketing of the items, which are identical to the sample tested and found acceptable by that party.
(5) In verifying compliance, the party responsible shall warrant that each unit of equipment marketed under the verification procedure is identical to the unit tested and found acceptable with the standards and that the records maintained by that party continue to reflect the equipment produced under that verification within variation that can be expected due to quantity production and testing on a statistical basis.
(6) An importer of equipment subject to verification may upon receiving a written statement from a manufacturer that the equipment complies with the appropriate technical standards, rely on the manufacturer or an in dependent testing agency to verify compliance and the test records for compliance may be made available to the Commission upon request.
(7) A device which is subject to verification shall be uniquely identified by a person responsible for marketing or importing the device into Uganda.
(8) An identification under this regulation shall not be identical with the Commission identifier required for certified, notified or type accepted equipment.
(9) An importer or manufacturer shall maintain adequate identification records to facilitate positive identification for each verified device.
12.Certification of equipment
(1) A telecommunications or radio communications equipment may receive a certification or equipment authorisation issued by the Commission, based on representations and test data submitted by an applicant.
(2) A grantee of an equipment authorisation shall guarantee and give a warrant that each unit of equipment marketed under the grant and bearing the identification specified in the grant shall, conform to the unit that was measured and that the data, including the design and rated operational characteristics, filed with the application for certification, continues to be representative of the equipment produced under the grant within a variation that can be expected due to quantity production and testing on a statistical basis.
(3) The Commission may require an applicant to submit a sample unit for measurement at the Commission’s laboratory or at any other place as the Commission may specify.
(4) Where the applicant believes that shipment of a sample to the Commission’s laboratory is impractical because of the size or weight of the equipment, the power requirement or for any other reason, the applicant may submit a written statement explaining why the shipment is impractical and should not be required.
(5) The Commission may from time to time request a party responsible for any equipment, to submit the equipment to determine the extent to which subsequent production of the equipment continues to comply with the data filed by an applicant or data kept on file with that party, subject to a declaration of conformity.
(6) Any measurement procedure acceptable to the Commission may be used to prepare data demonstrating compliance.
(7) Information on measurement submitted to the Commission shall identify the specific standard or measurement procedure used.
(8) A party making measurements of equipment that is subject to equipment authorization, whether the measurements are filed with the Commission or kept on file by the party responsible for the compliance of the equipment, shall compile a description of the measurement facilities employed.
(9) A description of measurement facilities shall contain—
(a)the location of a test site;
(b)physical description of a test site, accompanied by photographs;
(c)a drawing showing the dimensions of a test site, the physical layout of all supporting structures and all structures within five times the distance between a measuring antenna and a device which is measured;
(d) a description of structures used to support a device which is measured and the test instrumentation;
(e) a list of measuring equipment used;
(f) information concerning the calibration of the measuring equipment, including the date the equipment was last calibrated and how often the equipment is calibrated;
(g)where desired, a statement on whether a test site is available to do measurement services for the public at a fee.
(10) Each equipment covered in an application for equipment authorisation shall bear a name plate or label with a Commission identifier.
(11) A name-plate or label shall be permanently affixed to an equipment and shall be readily visible to a purchaser at the time of purchase.
(12) A grant of equipment authorisation is valid only where the Commission identifier is permanently affixed to the device and remains effective until it is revoked, withdrawn, rescinded, surrendered, or where a termination date is specified by the Commission.
(13) A grantee of equipment authorisation shall be responsible to the Commission, for any equipment produced using the authorisation.
(14) Certification attaches to any equipment subsequently marketed by an authorised person, which is identical to the tested sample.
(15) Any sample of equipment submitted shall be—
(a)in a good working condition;
(b) properly configured for testing and complete with the necessary test adapters; and
(c) clearly marked with a trade name, model and serial number.
(16) Any equipment to be sold shall be similar to the model that is granted a type approval and the approved equipment shall not be modified in any way, without the approval of the Commission.
(17) A type approval granted under this regulation, shall not be construed as a guarantee by the Commission, of the proper functioning, performance or quality of equipment.
(18) The Commission shall not be liable for any interference caused to any other equipment or for injury, loss of life or damages to property as a direct or indirect result of the use of any approved equipment.
13.Parties responsible for equipment compliance
(1) The following parties are responsible for the compliance of telecommunications and radio communications equipment, with the applicable standards—
(a) in the case of equipment which requires the issueing of a grant of equipment authorization by the Commission, the grantee to whom the grant of authorization is issued or where the telecommunications or radio communications equipment is modified by any party who is not the grantee and that party is not working under the authorization of the grantee, the party that performs the modification;
(b) in the case of equipment subject to authorization under the verification procedure, a manufacturer or, in the case of imported equipment, an importer, and where subsequent to manufacture or importation the telecommunications and radio communications equipment is modified by any party without the authority of the manufacturer or importer, the party that performs the modification; and
(c)in the case of equipment subject to authorization under the declaration of conformity procedure—
(i) a manufacturer or, where the equipment is assembled from individual component parts and the resulting system is subject to authorization under a declaration of conformity, the assembler;
(ii) where the equipment, by itself, is subject to a declaration of conformity and it is imported, the importer;
(iii) to assume responsibilities, ensure compliance of equipment and become the new responsible party, a retailer or original equipment manufacturer may enter into an agreement with the responsible party designated in paragraph (i) or (ii); and (iv) where a telecommunications or radio communications equipment is modified by any party without the authority of a responsible party, the party performing the modifications, or an importer, if the equipment is imported subsequent to the modifications.(2) Where, as a result of modifications performed subsequent to authorization, a new party becomes responsible for ensuring that a product complies with the technical standards but does not obtain a new equipment authorization, the equipment shall be labelled with the following words; ‘’This product has been modified by [insert name, address and telephone number of the party performing the modifications].’’
14.Application for equipment approval
(1) All applications for equipment approval shall indicate—
(a)the identification, technical description and purpose of the equipment for which approval is sought;
(b)a description of all circuitry employed in assuring compliance with—
(i) specifications, including voltage or current ratings, of all circuit elements in that part of the equipment or circuitry;
(ii) a circuit diagram containing the complete circuit of that part of the equipment or circuitry;
(iii) a statement that the terminal equipment or protective circuitry complies with these Regulations accompanied by test results, description of test procedures, analyses, evaluations, quality control standards and quality assurance standards that are necessary to demonstrate that the terminal equipment or protective circuitry complies with all the applicable rules and regulations;
(iv) a photograph, sample or drawing of the equipment label showing the information to be placed on it;
(v) a photograph ofthe equipment of sufficient clarity to reveal equipment construction and layout and labels for controls, with sufficient views of the internal construction to define component placement and chassis assembly;
(vi) descriptive installation procedures for cross-connect panels where applicable; and
(vii) additional requirements including—
(A) an extension cord consisting of a male connector and a female connector and wiring between them; and
(B) a transfer switch manually operated and wired in a balanced tip and ring configuration.
(2) An application for certification shall be accompanied by a technical report containing—
(a)the full name and mailing address of the manufacturer of a device and the applicant for certification;
(b)the Commission identifier;
(c)a copy of the installation and operating instructions to be furnished to a user;
(d)a brief description of the circuit functions of the device and a statement describing how the device operates, including a description of the ground system and antenna, if any, used with the device;
(e)a block diagram showing the frequency of all oscillators in the device, including the signal path, frequency for tuning range and intermediate frequency for each block and a schematic diagram for intentional radiators;
(f)a report of measurements showing compliance with the Commission technical requirements, including an identification of the test procedure used, the date and location of the measurements, the device that was tested and its model and serial number, if available and sample calculations showing how the measurement results are converted for comparison with the technical requirements;
(g)a sufficient number of photographs to clearly show the construction, the component placement on the chassis, the chassis assembly and the exterior appearance showing the overall appearance, the antenna used with the device, if any, the controls available to a user, and the required identification label in sufficient detail so that the name and Commission identifier can be read;
(h) instead of a photograph of a label in paragragh
(g), a sample label or a facsimile, may be submitted together with a sketch showing where the label is to be placed on the equipment;
(i)where the equipment for which certification is sought must be tested with peripheral or accessory devices connected or installed, a brief description of the peripherals or accessories which shall be unmodified and commercially available equipment.
(3)Where a device covered by an application is designed to operate in conjunction with equipment whose characteristics affect the compliance of the application
(c)descriptions and explanations, necessary for the understanding of the drawings and schemes and the operation of the product;
(d)a list of the standards, applied in full or in part, and descriptions and explanations of the solutions adopted to meet the essential requirements of the directive, where the standards have not been applied or do not exist;
(e)results of design calculations made and examinations carried out; and
(f) test reports.
(5) A manufacturer or an authorised representative of a manufacturer shall keep a copy of the declaration of conformity with the technical documentation.
(6) A manufacturer shall take all necessary measures during a manufacturing process to ensure compliance of a manufactured product with the technical documentation and these Regulations. 

Reference of the measure

Section 10,11(1-9), section 12-15 

Measure also domestic

Yes 

Products affected by the measure.

Description

A telecommunications or radio communications equipment 

Countries/Regions affected by the measure.

Description

All countries