ANATEL has issued two office letters, 463/2023 and 466/2023, providing crucial updates and instructions regarding Act 17087, which was enacted on December 19th, 2022. This act introduces new safety evaluation requirements for telecommunication devices, building upon the framework established by the previous Act 950.
Act 17087 not only updates references and testing procedures but also introduces a significant addition: the evaluation of “marking and instructions” present on the device and within its user manual.
Marking and instruction evaluation is a vital aspect of ensuring consumer safety and product compliance. To facilitate a smooth transition, ANATEL has set the enforcement of the new act to commence on December 27th, 2023. However, recognizing the need for adaptation, laboratories accredited under the previous act are granted a one-year grace period to conduct safety tests under the new regulations, pending formal accreditation. This transitional phase acknowledges the similarities in testing procedures between the two acts, ensuring continued adherence to safety standards.
Furthermore, ANATEL has announced a temporary exemption for the “Marking and Instruction” requirement for new applications and renewals until March 27th, 2024. While this exemption streamlines the certification process, it is essential to note that devices must still meet mandatory marking criteria and comply with the provisions outlined in Act 17087, particularly item 11.
In essence, these updates underscore Brazil’s commitment to enhancing consumer safety and regulatory compliance within the telecommunication sector. While the changes may impact type approval and market access requirements, they represent a progressive step towards ensuring the integrity and reliability of telecommunication devices in the Brazilian market.