2018 December 13th Thursday

§4 Supervision and Managing

2015-08-21 Source:www.ccc-certificate.org.cn
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34) The CNCA is responsible for supervising the certification, inspection and testing activities carried out by the certification organizations and shall supervise the certification organizations and laboratories annually as well as check the individual points in indefinite intervals.

35) The certification organizations have to inform the CNCA and the provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine of the certification consignor, certified products and their production companies such as the cancellation, adjustment or withdrawal of certificates.

36) The AQSIQ has to work out a plan for the supervision of the certified products. The CNCA is responsible for carrying out such monitoring activities in indefinite.
The monitoring may not be refused by the manufacturers, distributors, importers and consumers of certified products in business activities.
The CNCA has to create a system for the publication of the certified products as well as their manufacturers and shall publicize the monitoring result.

37) The provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine have to monitor the certification activities according to their competencies and to identify the illegalities and carry out law enforcement.
Products that are already included in the list of CCC mandatory products and yet not certified, shall neither leave the factory nor be sold. Upon detection of such cases, the provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine have to inform the production company of the certification requirement and to enjoin them to undergo the certification timely.

38) While provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine are carrying out the monitoring activities, they are authorized to enter the production area and to inspect the contracts, receipts, account books and other documents, to seal or detain the non-certified products or products that do not meet the certification requirements.

39) If security risk exits, which will have a negative impact on human health and safety, the products shall be recalled. Here, the relevant supervisory authorities should be informed hereof.
The AQSIQ has to enjoin the manufacturer of the CCC mandatory products that do not comply with the clauses of the present rules to recall products concerned and suspend their sales.

40) The authorities for export and import inspections have to conduct the import control of the CCC mandatory products, particularly based on their certificates, CCC labels and packing slips to check the compliance of the products concerned. In case of a negative review, legal actions must be initiated as a result monitoring.

41) Products that meet one of the requirements listed below are exempted from the CCC duty:
• Personal belongings of foreign embassies, consulates or international organizations such as diplomats;
• Personal belongings of the official organizations of the special administrative regions of Hong Kong and Macau in mainland China;
• Personal belongings of travelers entering the People’s Republic of China;
• Items donated by foreign governments;
• Other items, for which no certification duty exits.

42) For products that meet one of the conditions listed below, the manufacturers, importers, distributors or sales agents can apply for a certificate of non-applicability of the CCC duty (also known as “negative certificate”) by presenting certificates, warranty obligations and certificate of product conformity, including the reports of the type tests. The goods may be imported after the certificate of non-applicability is issued:
• products required for research and test;
• products required for the tests after installation of the production;
• spare parts needed directly by end customers for repair;
• equipment / component (excluding office supplies) needed set up the production line;
• products not to be sold, only for commercial display;
• products to be exported again after the preliminary import (including display products);
• imported products as part of a normal trade component required to run the entire machine;
• imported materials or components that are processed and required to run the entire machine;
• Other imported products for special purposes that are exempt from the CCC duty.

43) The CNCA shall exhort the certification organizations, supervision authorities and laboratories to suspend all certification, inspection and testing activities exhort, if one of the followings applies:
• If an increase, decrease, neglect or modification of certification requirements and implementing rules exists;
• If no effective monitoring of the certified products is carried out, or if no adjustment or cancellation of the certificate is made in the case of identified non-compliance of the certified products with the certification requirements;
• In aggravating circumstances, in particular if there is no complete record of certification, inspection or testing is carried out and archived;
• In aggravating circumstances, in particular if the employee responsible for certification, inspection and testing does not have the necessary qualifications;
• If the test specimen submitted by the customer are checked for authenticity;
• If the certification enforcement of the supervisory authorities is thwarted;
• If certification duty is imposed on the non-mandatory products;
• If other illegalities are exist.

44) The CNCA shall withdraw the designation granted to the certification organizations, supervisory authorities and laboratories in each of the cases listed below:
• If the granting decision is made by breaching the privilege;
• If the granting decision is made by exceeding the legal authority;
• If the granting decision is made by violating the legal process;
• The designation has been granted to the certification organizations, supervisory authorities and laboratories, which do not have adequate qualification;
• Other cases that lead to the withdrawal of the designation.

45) The CNCA has to withdraw the designation in case that it has been acquired by the certification organizations, supervisory authorities and laboratories through fraud, bribery or other improper means, and to announce the decisions.
An application for designation may take place only 3 years from the date of redemption.

46) In case of false or spurious results, documents and protocols, the qualifications and authorization of the responsible employees involved in the certification activities shall be withdrawn. The application for registration as an authorized certification executer will not be accepted within 5 years from the date of withdrawal of the registration authorities of the Chinese Association of certification and accreditation (China Certification & Accreditation Association, briefly CCAA).

47) If a dispute concerning the certification decisions occurs, the certification consignor has the opportunity to lodge a claim on the decision to the certification organization. However, should disputes about their decision prevail, an objection is here to be lodged to the CNCA.

48) Each company or each person is entitled to inform the AQSIQ, the CNCA as well as the provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine of any administrative offences or infringements. The information about the respondents are to be kept secret by the authorities.

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