PART 2 | DESIGNATION OF CONFORMITY ASSESSMENT BODIES |
| Application for designation as CAB (Certification) or CAB (Testing) |
3.—(1) An application by a person to the Designating Authority to be designated as a CAB (Certification) or a CAB (Testing) must be made in accordance with the provisions of this Part.(2) A person may apply to the Designating Authority to be designated as a CAB (Certification) to carry out one or both of the following:| (a) | certify whether any product to be supplied in Singapore that is specified in the First Schedule to the Consumer Protection (Safety Requirements) Regulations conforms to the safety requirements specified by the Safety Authority under those Regulations; | | (b) | certify whether any product to be supplied in a country other than Singapore conforms to the applicable requirements specified in an MRA to which both Singapore and that country are parties. |
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(3) A person may apply to the Designating Authority to be designated as a CAB (Testing) to carry out one or both of the following:| (a) | testing any product to be supplied in Singapore that is specified in the First Schedule to the Consumer Protection (Safety Requirements) Regulations for conformity to the safety requirements specified by the Safety Authority under those Regulations; | | (b) | testing any product to be supplied in a country other than Singapore for conformity to the applicable requirements specified in an MRA to which both Singapore and that country are parties. |
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(4) A person who, not being —| (a) | a CAB (Certification) designated to carry out the certification mentioned in paragraph (2)(a); or | | (b) | a CAB (Certification — MRA), |
| issues a certificate of conformity for the purposes of the registration of any product under regulation 7(1) of the Consumer Protection (Safety Requirements) Regulations, shall be guilty of an offence. |
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(5) A person who, not being —| (a) | a CAB (Certification) designated to carry out the certification mentioned in paragraph (2)(b); or | | (b) | a CAB (Certification — MRA), |
| certifies that any product to be supplied in a country other than Singapore conforms to the applicable requirements specified in an MRA to which both Singapore and that country are parties, shall be guilty of an offence. |
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4. Any person is eligible to be designated as a CAB (Certification) or a CAB (Testing) who —| (a) | carries on —| (i) | in the case of an application for designation as a CAB (Certification), a business of conformity assessment in Singapore or in a country specified in the First Schedule; and | | (ii) | in the case of an application for designation as a CAB (Testing), a business of testing of products relating to conformity assessment in Singapore or in a country other than Singapore; |
| | (b) | has sufficient capital and financial resources to maintain viable operations as a CAB; | | (c) | is accredited for compliance with an ISO or IEC standard relevant to the designation applied for by an accreditation body that is —| (i) | a party to one or more of the following arrangements:| (A) | the International Accreditation Forum Multilateral Recognition Arrangement; | | (B) | the Asia Pacific Accreditation Cooperation Multilateral Recognition Arrangement; | | (C) | the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement; or |
| | (ii) | a member of the IECEE CB Scheme, if the designation applied for is in respect of an electrical or electronic product; |
| | (d) | has the knowledge, capability, competence and equipment to perform the certification or testing for conformity to the requirements relevant to the designation applied for; | | (e) | does not carry on or otherwise have any interest in any business which may cause the applicant to certify or test any product in respect of which the application is made in an unfair or a biased manner; and | | (f) | in the case of —| (i) | an application for designation as a CAB (Certification) to carry out certification of any product to be supplied in a country other than Singapore; or | | (ii) | an application for designation as a CAB (Testing) to carry out testing of any product to be supplied in a country other than Singapore, |
| also satisfies all the criteria required for the designation applied for under the relevant MRA to which both Singapore and that country are parties. |
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| Application for designation |
5.—(1) An application for designation as a CAB (Certification) or CAB (Testing) must be made to the Designating Authority in the form that the Designating Authority determines.(2) For the purposes of an application under paragraph (1) —| (a) | the applicant must provide to the Designating Authority the documents and information that the Designating Authority requires; and | | (b) | the applicant must provide the Designating Authority, or any person that the Designating Authority may authorise, access to the laboratory or other premises of the applicant to enable the Designating Authority or that person to observe and assess the testing procedures of the applicant, as may be necessary. |
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| Application fee, costs and expenses for designation |
6.—(1) The fee specified in the Second Schedule is payable together with an application mentioned in regulation 5 and is not refundable.| (2) Where the Designating Authority, or any person authorised by the Designating Authority, conducts any observation or assessment under regulation 5(2)(b), the Designating Authority may require the applicant to pay to it all reasonable costs and expenses incurred by the Designating Authority or that person in conducting the observation or assessment. |
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| Approval of designation and issue of Certificate of Designation |
7.—(1) Upon receipt of an application under regulation 5, the Designating Authority may, in its discretion —| (a) | approve the application, subject to any conditions that the Designating Authority thinks fit; or | | (b) | refuse the application. |
| (2) Where the Designating Authority approves an application under regulation 5, the Designating Authority must issue to the applicant a Certificate of Designation in the form that the Designating Authority determines. |
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| Duration and renewal of designation |
8.—(1) Subject to these Regulations, the designation of a CAB is valid for a period of 3 years and may be renewed, subject to any additional conditions that the Designating Authority thinks fit.| (2) Unless the Designating Authority otherwise allows, an application for renewal of designation of a CAB must be made to the Designating Authority at least 6 months before the designation of the CAB expires. |
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| Application of regulations 4 to 7 to renewal of designation |
| 9. Regulations 4 to 7 apply, with the necessary modifications, to a renewal of designation of a CAB. |
10.—(1) The Designating Authority must keep and maintain a register that contains the names and any particulars of the CABs, which are designated by the Designating Authority, that the Designating Authority may determine.(2) Where —| (a) | the designation of the CAB expires and is not renewed in accordance with regulation 8; | | (b) | the CAB applies to the Designating Authority for its designation to be withdrawn; or | | (c) | the designation of the CAB is suspended or withdrawn under Part 4, |
| the Designating Authority may remove the details of the CAB from the register or indicate against the details of the CAB in the register the fact of the expiry, suspension or withdrawal of designation. |
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