On December 12, 2023, China’s National Certification and Accreditation Administration (CNCA) issued the Announcement on Strengthening the Management of Certification Rules (Draft for Comment) (hereinafter referred to as the Draft). The Draft is open for public comment until January 11, 2024. According to the latest Regulations on Certification and Accreditation (Call for Comments 2023), there are two types of certification rules and schemes: (i) those promoted by the State; and (ii) those developed or adopted by certification bodies. The subject of the Draft is clearly the latter one. The draft specifies that its scope applies to “the certification rules not yet formulated by CNCA, neither independently nor in conjunction with the relevant departments of the State Council. Instead, it applies to the certification rules formulated, or authorized for implementation, by the relevant certification bodies approved in the corresponding certification field.”
The Draft represents an overhaul of the currently implemented CNCA’s Announcement on the Recordation of Certification Rules. Through an analysis of the objectives of the two documents, it emerges that the former highlights sound development and management, while the latter focuses on stimulating market vitality – which can be translated into less conformity obligations for certification bodies. In general, the overhaul is a response to the current development of the certification industry, which highly differs from the time when CNCA’s Announcement was issued in 2015. For instance, the industry now requires for more governmental surveillance and specification to ensure the quality of the certification schemes developed or adopted by certification bodies.
The essential changes introduced by the Draft and mostly concerning foreign stakeholders, are summarized below:
- Management requirements
The Draft puts forward obligations for the certification bodies regarding the management of the certification scheme. Specifically, the certification bodies shall establish management systems for the development, revision, demonstration, self-inspection, review, dynamic maintenance of the scheme,and form relevant documentation in the process. The Draft also introduces a detailed responsibility management mechanism for each section.
- Content requirements
The content requirements consist of generic requirements, special requirements for different types of certification, and other requirements. The generic requirements and other requirements are applicable to all the certification schemes developed or adopted by certification bodies; while the special requirements are only applicable to the exact type of certification indicated. For instance, all the certification schemes shall cover the application scope, technical specifications (or compulsory requirements of the technical specification or standards), competence requirements of the certification personnel, certification implementation procedures, procedures for follow-up surveillance and re-certification, requirements for certificates and marks, as well as the conditions for changing certificates status. In addition, specifically for product certification, the certification schemes shall also have specific rules for type of approval and unit partition.
- Surveillance requirements
Apart from do’s and don’ts for certification bodies implementing surveillance requirements, the Draft also outlines responsibilities for competent governmental authorities. Specifically, these shall organize spot checks and prosecute those non-compliant certification bodies, in accordance with the Regulations on Certification and Accreditation, Measures for the Administration of Certification Institutions, and other relevant legislation. Such clarification and instruction on the governmental authorities provide a strong support for ensuring the compliance of certification bodies with the requirements indicated in the Draft.
In addition to the aforementioned aspects, the Draft also introduces changes regarding recording and filing requirements. Certification bodies will be required to take all necessary actions to comply within 60 days after the document’s entry into force. Foreign stakeholders are advised to keep monitoring the progress of the Draft, and adjust accordingly as needed.
