Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B89: Conformity assessment related to TBT n.e.s. 

Date when the measure came into force

07 January 2005 

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 set technical standards of telecommunications and radio communications equipment 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

16.Quality assurance
(1) In this regulation, “quality assurance” means a system where a manufacturer ensures and declares that a product satisfies the requirements that apply to it and affixes a mark to the product and draws up a written declaration of conformity.
(2) A manufacturer shall operate an approved quality assuarance system for the design, manufacture, inspection of a final product and testing as prescribed by this regulation.
(3) A manufacturer shall lodge an application for assessment of its quality assuarance system with the Commission which shall include—
(a)all relevant information on an envisaged product; and
(b)the quality assuarance system’s documentation.
(4) The quality assuarance system shall ensure the compliance of a product with the requirements that apply to it.
(5) A manufacturer shall document in a systematic and orderly manner and in the form of written policies, procedures and instructions, all the elements, requirements and provisions adopted by the manufacturer, which shall ensure a common understanding of the quality, policies and procedures such as quality programmes, plans, manuals and records.
(6) The Commission shall assess the quality assuarance system to determine whether it satisfies the requirements prescribed in this regulation, and in particular, whether the quality control system ensures conformity of a product with this regulation, using the relevant documentation and test results supplied by a manufacturer.
(7) A manufacturer shall undertake to fulfil the obligations arising out of the quality assuarance system as approved and to uphold it so that it remains adequate and efficient.
(8) A manufacturer or an authorised representative of a manufacturer shall keep the Commission informed of any intended update of the quality assuarance system.
(9) Where a manufacturer proposes to modify the quality assuarance
system, the Commission shall evaluate the modifications and determine whether the proposals satisfy the requirements under this regulation or whether a reassessment of the system is required.
(10) A manufacturer shall allow the Commission access, for inspection purposes, to the location of design, manufacture, inspection, testing, and storage and shall provide it with all necessary information and in particular—
(a) the quality assuarance system documentation;
(b) the quality assuarance records of the design stage of the quality assuarance system, including results of analyses, calculations and tests; and
(c)the quality assuarance records of the manufacturing stage of the quality assuarance system, including inspection reports, test data, calibration data and qualification reports of the concerned personnel.
(11) The Commission may at any time make a visit to a manufacturer and carry out tests or have tests carried out to check the functioning of the quality assuarance system.
(12) A manufacturer shall be provided with a visit report and where a test has been carried out, the manufacturer shall be provided with the test report of the Commission.
17.Marketing of telecommunications and radio communications equipment
(1) The Commission shall authorise the sell or lease, or offer for sale or lease, or importation, shipment, or distribution for the purpose of selling, leasing or offering for sale or lease, any telecommunications or radio communications equipment.
(2) Telecommunications and radio communications equipment shall be approved by the Commission before its use.
(3) The requirements for approval of any equipment are—
(a)that the equipment satisfies the essential requirements provided in these Regulations;
(b)that information on the equipment is provided in accordance with these Regulations;
(c)that appropriate conformity assessment procedure in respect of the
Apparatus is carried out;
(d)that the Commission label or marking is affixed to the equipment by a manufacturer of an apparatus or by the person responsible for the apparatus; and
(e)a declaration of conformity is drawn up in respect of the manufacturer of the apparatus or a person responsible for the apparatus.
(4) A telecommunications or radio communications device may be advertised or displayed, at a trade show or exhibition before equipment authorisation or, for a device that is not subject to the equipment authorisation requirements, before a determination of compliance with the applicable technical requirements.
(5) The advertisement or display shall contain or be accompanied
by a conspicuous notice with the following words: “This device is not authorised by the Commission and may not be offered for sale or lease or sold or leased, until authorisation is obtained”.
(6) Where a product displayed is a prototype of another product that is properly authorised, and the prototype is not authorised due to differences between the prototype and the authorised product, the following disclaimer notice may be used instead of a notice specified under subregulation (5) : “prototype not for sale”.
(7) Before equipment authorisation or determination of compliance with the applicable technical requirements, any telecommunications or radio communications equipment shall not be marketed, but may be operated for—
(a)compliance testing;
(b)demonstration at a trade show;
(c)demonstration at an exhibition conducted at abusiness,commercial, industrial, scientific, or medical location;
(d)evaluation of product performance and determination of customer acceptability at a manufacturer’s facility, during the developmental, design, or pre-production stages; or
(e) evaluation of product performance and determination of customer acceptability, where customer acceptability of a radio frequency device cannot be determined at a manufacturer’s facility because of size or the unique capability of a device.
(8) “Marketing”, in this regulation, includes sale, lease, offer for sale or lease, advertisement for sale or lease, importation, shipment, distribution for the purpose of selling or leasing and offering for sale or lease. 

Reference of the measure

Section 16 

Measure also domestic

Yes 

Products affected by the measure.

Description

Telecommunication and radio communications equipment 

Countries/Regions affected by the measure.

Description

All countries