Last updated: 23 July 2018

Information on the control of conformity assessment bodies

hu

1. Case type:

Control of designated bodies testing or verifying and certifying the conformity of certain communications products

2. Organisation in charge:

National Media and Infocommunications Authority

Address: H-1015 Budapest, Ostrom u. 23–25.

Mailing address: H-1525 Budapest, Pf. 75.

Telephone: +36 (1) 457 7100

Customer service: 1133 Budapest, Visegrádi u. 106.

Telephone: +36 (1) 468-0673

Telefax: +36 (1) 468 0673

Customer service hours: Contact details and opening hours of the NMHH customer service offices

3. Competence:

National

4. Competent administrators

Communications Supervision Directorate

Communications Supervision Coordination Officer
Edina Ilona Molnár - telephone: +36 (1) 468 0581

5. Documents required for the licensing procedure

Documents of the designated body:

The core documentation for the control procedure is composed of the designation document issued by the designating authority (the competent minister or authority) and the documentation governing operation approved as part of the designation procedure,
Annual report on the activities of the designated body,

Annex to the designation document, updated by the designated person on an ongoing basis, but every 6 months at the most.

Official documents commonly used in official control procedures:

Notification to the customer of the launch of a control procedure,
Documentation of the findings of administrative investigations,
Report on on-the-spot check (if included in the procedure),
Measurement report (if measurement is included),
Expert opinion (if an expert is appointed by the authority)
Information to the customer on the authority’s findings and the action considered necessary (included in the report or provided as a separate document),
Information to the designating authority on the findings of controls (in addition to informing the designated body),
Order (where the designated body has failed to comply with its statutory obligations in relation to its activities).

There are no standardised forms for designated bodies to use during official controls.

6. Guide

6.1 Introduction

The National Media and Infocommunications Authority (hereinafter the ‘authority’) carries out controls of designated bodies within the scope of its powers granted under Section 10 points 15 and 19 of Act C of 2003 on Electronic Communications (hereinafter ‘Electronic Communications Act’).
Controls of bodies testing or verifying and certifying the conformity of certain communications products (hereinafter ‘designated bodies’) are carried out pursuant to Section 12 and 14 of Decree 13/2003 (X.3.) of the Minister of Information Technology and Communications as part of the authority’s official control function as provided for under the Electronic Communications Act.

Designated bodies are subject to annual controls. Extraordinary controls are carried out at the request of the designating authority when the designation is renewed, and on the basis of an ad hoc decision or at the initiative of a partner authority.

The requirements for designated organisations are set out in the legislation listed below. Additional requirements may be included in the Designation Document and its Annexes.

Conformity assessment bodies for radio equipment

Act CXXXIII of 2009 on the Activities of Conformity Assessment Bodies
Government Decree 315/2009 (XII.28.) on the Designation of Conformity Assessment Bodies and the Detailed Rules for the Activities of Designated Bodies
NMHH Decree 2/2017 (I.17.) on Radio Equipment
NMHH Decree 3/2017 (III.7.) on the Designation of Conformity Assessment Bodies for Radio Equipment and Detailed Rules for Their Activities

Certification bodies for the quality of electronic communications services and the integrity of billing systems used by electronic communications service providers

Act CXXXIII of 2009 on the Activities of Conformity Assessment Bodies
Government Decree 315/2009 (XII.28.) on the Designation of Conformity Assessment Bodies and the Detailed Rules for the Activities of Designated Bodies
Decree 13/2003 (X.3.) of the Minister of Information Technology and Communications on the Detailed Rules for the Designation of Bodies Testing or Verifying and Certifying the Conformity of Certain Communications and Information Technology Products

6.2 Control procedure for designated bodies

During its control procedure, the authority shall apply the provisions on official controls as set out in Act CL of 2016 on the General Administrative Procedure (hereinafter ‘General Administrative Procedure Act’) (Sections 98 to 102).

If a designated body fails to comply with the terms of its designation or fulfil its obligations after its designation, the designating authority may suspend the designated body’s activities for a specific period which the designating authority will publish on its website.
If the designated body fails to meet the required conditions, the designation may be withdrawn.

The authority may use experts to clarify the facts. The rights and obligations of customers are set out in Section 8.

The documents commonly used in procedures are listed in Section 5.

If, as a result of official controls, the Authority finds that the designated body breached statutory requirements and this can be remedied by ceasing such unlawful conduct, it will notify the designated body of the breach and issue an order requiring the designated body to remedy the breach, setting a time limit of at least fifteen days and warning of the legal consequences.

If the time limit set in the notice passes with no action taken, the authority will notify the designating authority thereof.

During on-the-spot checks (inspections, measurements), a report is always drawn up, a copy of which is provided to the subject of such check.

The case will be closed when compliance is achieved.

6.3 Measures taken by the authority following the control of designated bodies

Pursuant to Section 12(5) of Decree 13/2003 (X.3.) of the Minister of Information Technology and Communications, the authority shall keep the designating authority informed of the results of its controls.

7. Administrative time limit

The time limit for official controls is 90 days.

8. The client’s rights and obligations

Rights of customers

Customers have the following rights under the General Administrative Procedure Act:

the right to access, make copies or take notes of documents,
the right to make statements and submit evidence,
the right to a remedy (as described in Section 6.3),
the right to information,
the right to use one’s mother tongue,
right to the protection of data protected under law.

Obligations of customers

They must act in good faith and not conduct themselves in such a way as to mislead the authority or unduly delay decision-making or enforcement.
In order to establish the facts, the authority may request a designated body to produce documents or other records.
In order to clarify the facts, the designated body may be required to produce any item (document or other item) related to the subject matter of the case during an inspection visit.

9. Data processing, data protection rights of customers

For the authority, data protection is based on Section 27 of the General Administrative Procedure Act.

Communication with customers and administration of data are done by electronic means or in paper form, with support being provided electronically.

Data are processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), Act CXII of 2011 on the Right to Informational Self-Determination and on the Freedom of Information, and the General Administrative Procedure Act.