As Entirety had previously informed, The ANATEL Resolution 715/2019 replaced the previous Resolution 242, defining the new framework of conformity assessment and approval for all Radio and ICT products. This Resolution 715 has entered into effect on April 23rd, 2020. On April 20th, ANATEL issued three Acts No. 2220, 2221, and 2222 (Operational Procedures). According to the Agency, these are transitional Operational Procedures for temporary application and they complement Res. 715:
1) Act 2220 – Operational Procedure for Conformity Assessment of Products for Telecommunications by Certification This details the certification models and establishes the rules and documents for the assessment of product conformity for telecommunications in the Certification modality. Important points: – There is no more division of products by categories (I, II, and III) – Certification based on 3 schemes: Type 1a Certification Scheme – Based on Type Testing. This model does not include the maintenance step. Type 4 Certification Scheme: Based on Type Testing with Periodic Product Evaluation (periodic maintenance) according to the Telecommunications Products Reference List. Type 5 Certification Scheme: Based on Type Testing with Periodic Product Evaluation (periodic maintenance) and the Factory Management System.
– In the case of non-conformities in the tests, if the Local Representative declares that the non-conformity is restricted to the samples tested and a new sample, presented compliance with all technical requirements, the manufacturer must provide a declaration justifying the occurrence, which will be evaluated and approved by the OCD in its technical evaluation, and the copy of this declaration attached to the process. The identification and version of the equipment’s firmware or software should be included in the technical evaluation report issued by the OCD, in the field “additional comments”, in case this item of product design and operation interferes with the mandatory requirements for certification.
2) Act 2221 – Labeling requirements and the new use of e-labeling. All ANATEL approved devices must use one of the following labeling practices: – The ANATEL Seal, according to criteria in the Resolution (item 7). – The word ANATEL followed by the approval code (“ANATEL HHHHH-AA-FFFFF” or “ANATEL: HHHHH-AA-FFFFF”) or – E-label: This is applicable to devices with display (see criteria and details in item 6). It is not necessary to place the approval identification on small devices where there is insufficient space and which also does not have the identification from international marks or on products with technical difficulties to implement the label. In this case, the approval identification must be affixed in the manual and optionally, on the product packaging. For products approved by ANATEL as a “kit” (i.e.: mouse + keyboard + dongle), each product that composes this kit (with RF transmission) must have the identification of the ANATEL Homologation Exempted types of equipment must include in their user manual or in the product: “This product contains the plate XXXX Anatel approval code NNNN-NN-NNNN”. Products originally approved until the entry into force of Resolution No. 715/2019, may optionally use the old format of the ANATEL ID, as well as be able to regularly commercialize the remaining units in the market and those distributed by the Local Representative, with the ANATEL ID in the old format, without the need to mark products
3) Act 2222 – Telecommunications Products Reference List This Act approves the updated List of Telecommunications Products in compliance with the provisions of the Regulations for Conformity Assessment and Homologation of Telecommunications Products. The list classifies the products into families, considering their similarity and application. Also, it describes the conformity assessment model applicable. It does not have changes in the kind of products, but as the categories were removed, an additional column was included to show the Conformity Assessment Model and the Periodic Evaluation of the Product.