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| Provisions on the Accreditation of Foreign Inspection Laboratories (for Trial Implementation) | |||||
| 更新时间:2007-5-2 | |||||
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STATE ADMINISTRATION FOR THE INSPECTION OF IMPORT & EXPORT COMMODITY PROVISIONS ON THE ACCREDITATION OF FOREIGN INSPECTION LABORATORIES (FOR TRIAL IMPLEMENTATION) (Promulgated by State Administration of Import and Export Commodity Inspection on August 15, 1988) CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ACCREDITATION AUTHORITY CHAPTER III FUNDAMENTAL REQUIREMENTS FOR ACCREDITATION CHAPTER IV ACCREDITATION PROCEDURES CHAPTER V DUTIES AND RIGHT OF AN ACCREDITED LABORATORY CHAPTER VI SUPERVISION CHAPTER VII SUPPLEMENTARY ARTICLES CHAPTER I GENERAL PROVISIONS @@ Article 1. In accordance with the Regulations on the Inspection of Import and Export Commodities of the People's Republic of China and the Administration Regulations on Quality of Import Commodities issued by the State Administration of Import and Export Commodity Inspection of the People's Republic of China, the State Economic Commission, Ministry of Foreign Economic Relations and Trade and the Customs General Administration, the Provisions on the Accreditation of Foreign Inspection Laboratories are formulated to facilitate the international trade, strengthen the inspection, supervision and administration of import commodities and to provide services of necessary inspection and accreditation for foreign manufacturers and traders to introduce their products into Chinese market. @@ Article 2. The State Administration of Import and Export Commodity Inspection of the People's Republic of China (hereinafter referred to as the State Administration of Commodity Inspection) conducts accreditation of foreign inspection laboratories (including inspection organizations, which are generally referred to as foreign inspection laboratories) applying for qualification as the Inspection Laboratories of Chinese Import and Export Commodities. Any foreign inspection laboratory intending to carry our inspection, quality certification, type test of inspection marks and quality licensing of Chinese import commodities, or intending to act as agent to inspect and supervise the production conditions in factories shall go through the procedures under these Provisions. @@ Article 3. Foreign inspection laboratories meeting the requirements of accreditation standards shall be granted the qualification as Inspection Laboratories of Chinese Import and Export Commodities. CHAPTER II ACCREDITATION AUTHORITY @@ Article 4. The Administration of Commodity Inspection is the competent accreditation authority in charge of the administration on application and assessments of foreign inspection laboratories. CHAPTER III FUNDAMENTAL REQUIREMENTS FOR ACCREDITATION @@ Article 5 . any foreign inspection laboratory seeking accreditation shall meet the fundamental requirements as follows: (1) Registered in its own country in accordance with the local legal provisions, having the right as a legal person; (2) Indepentently undertaking the inspection of production, design, development and management of commodities and maintaining a fair and impartial position; (3) Provided with all proper conditions of organizational structure, staff, rules and regulations, tests and measurements, equipment and instruments and environment to ensure the performance of inspection, conforming to the stipulations of the Detailed Rules on the Assessment of Foreign Inspection Laboratories. CHAPTER IV ACCREDITATION PROCEDURES @@ Article 6. The foreign laboratories seeking accreditation shall ask State Administration of Commodity Inspection for an application form which the laboratories shall fill in and send back to the State Administration of Commodity Inspection together with the quality guarantee manual (both Chinese and English copies will do, but the Chinese copy is preferred). @@ Article 7. The State Administration of Commodity Inspection shall designate examination teams (3 or 4 persons per team) to perform examination and verification of the submitted application documents and query the points to be further investigated. If the documents are found up to the requirements through examination and verification, a "Notice of Designating Teams for Assessment" shall be sent to the applicant and, at the same time, the fee of application for accreditation is charged. The laboratories shall be responsible to arrange the visit of the examination teams and bear all the expenses necessary for the examination and assessment. @@ Article 8. The examination team shall conduct assessment of the foreign inspection laboratory seeking accreditation against the fundamental requirements and the Detailed Rules on the Assessment of Foreign Inspection Laboratories stipulated in Chapter III of the present Provisions, and make out an assessment report which shall be submitted to the State Administration of Commodity Inspection. @@ Article 9. The State Administration of Commodity Inspection shall grant the qualified applicants approval. Those unqualified are allowed to make improvement during a period of no more than three months, within which the laboratories shall submit testimony of an overall improvement, and if necessary, are subject to a second time inspection and assessment by the assessors, which shall be approved by the State Administration of Commodity Inspection. If the laboratories fail to submit the testimony of an overall improvement by the time limit, no accreditation shall be approved. The State Administration of Commodity Inspection shall issue an accreditation certificate to the approved applicant and publish, in the form of an "Accreditation Bulletin", the name of the accredited laboratory which is at the same time written down in the Catalogue of the Accredited Foreign Inspection Laboratories. From the date of accreditation, the accredited laboratory shall obtain the qualification for the designated inspection, and pay annual dues to the State Administration of Commodity Inspection. CHAPTER V DUTIES AND RIGHT OF AN ACCREDITED LABORATORY @@ Article 10. After examination and accreditation, the State Administration of Commodity Inspection shall accredit the foreign inspection laboratory, according to its application, to one or several items of inspection and examination on Chinese import commodities as follows: they are: (1) Examination on the conditions and capability of a factory engaged in producing import commodities that have gone through quality licensing; (2) Type test on samples of products that have gone through quality licensing; (3) Routine supervision of the import commodities that have obtained safety marks and quality certificate; (4) Examination on the conditions and capability of a factory voluntary to seek the certification of products; (5) Type test on samples of products voluntary to seek certification; (6) Routine supervision of the products that have obtained the quality certification; (7) Other performances designated by the State Administration of Commodity Inspection and the local inspection authorities; (8) Inspection services designated by China National Import and Export Commodity Inspection Corporation under the guidance of the State Administration of Commodity Inspection. @@ Article 11. In carrying out the aforesaid inspections, the accredited foreign inspection laboratories must abide by the laws and regulations of China, comply with Chinese quality and safety standards, the terms in the contract signed by both parties involved in foreign trade and the stipulations in other relevant documents. @@ Article 12. In carrying out the aforesaid inspections, the accredited foreign inspection laboratories shall charge the applicant inspection fees. The rate of collecting fees shall be drawn up by the laboratory depending on the rules of its own country with the principle of reasonable and fair, and send to the State Administration of Commodity Inspection for further reference. CHAPTER VI SUPERVISION @@ Article 13. The State Administration of Commodity Inspection shall undertake supervision and random examination on the accre dited foreign inspection laboratories. When one of the following cases occurs, the laboratory shall be demanded to "take corrective actions within a definite period of time", punished by "suspension of commodity inspection and test" or even "withdrawal of the accreditation". They are: (1) When the fundamental conditions under which the inspection laboratory acquired accreditation have changed to such a large extent that it can no longer meet the requirements of Chapter III; (2) when the Accreditation Certificate has been transferred to others; (3) When false inspection data have been supplied intentionally; (4) When big mistakes have occurred during inspection, leading to serious consequences; or (5) When the laboratory is on the brink of bankruptcy. @@ Article 14. The Accreditation Certificate will be effective for a term of three years. If it is necessary to prolong the term, the laboratory may apply to the State Administration of Commodity Inspection for re-inspection by the end of the three years. The State Administration of Commodity Inspection shall approve a renewed accreditation to the laboratory when, after re-inspection, the technical capability of the laboratory is found up to the original requirements of inspection. CHAPTER VII SUPPLEMENTARY ARTICLES @@ Article 15. The present provisions shall come into force from the date of promulgation. The right of interpretation rests with the State Administration of Commodity Inspection. . any foreign inspection laboratory seeking accreditation shall meet the fundamental requirements as follows: (1) Registered in its own country in accordance with the local legal provisions, having the right as a legal person; (2) Indepentently undertaking the inspection of production, design, development and management of commodities and maintaining a fair and impartial position; (3) Provided with all proper conditions of organizational structure, staff, rules and regulations, tests and measurements, equipment and instruments and environment to ensure the performance of inspection, conforming to the stipulations of the Detailed Rules on the Assessment of Foreign Inspection Laboratories. CHAPTER IV ACCREDITATION PROCEDURES @@ Article 6. The foreign laboratories seeking accreditation shall ask State Administration of Commodity Inspection for an application form which the laboratories shall fill in and send back to the State Administration of Commodity Inspection together with the quality guarantee manual (both Chinese and English copies will do, but the Chinese copy is preferred). @@ Article 7. The State Administration of Commodity Inspection shall designate examination teams (3 or 4 persons per team) to perform examination and verification of the submitted application documents and query the points to be further investigated. If the documents are found up to the requirements through examination and verification, a "Notice of Designating Teams for Assessment" shall be sent to the applicant and, at the same time, the fee of application for accreditation is charged. The laboratories shall be responsible to arrange the visit of the examination teams and bear all the expenses necessary for the examination and assessment. @@ Article 8. The examination team shall conduct assessment of the foreign inspection laboratory seeking accreditation against the fundamental requirements and the Detailed Rules on the Assessment of Foreign Inspection Laboratories stipulated in Chapter III of the present Provisions, and make out an assessment report which shall be submitted to the State Administration of Commodity Inspection. @@ Article 9. The State Administration of Commodity Inspection shall grant the qualified applicants approval. Those unqualified are allowed to make improvement during a period of no more than three months, within which the laboratories shall submit testimony of an overall improvement, and if necessary, are subject to a second time inspection and assessment by the assessors, which shall be approved by the State Administration of Commodity Inspection. If the laboratories fail to submit the testimony of an overall improvement by the time |
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