9 March 2021

Mexico

 

Mexico is a country where compliance regulations are constantly changing and where multiple regulations (nationally known as ‘NOM’s’) may apply to any given product. Combined with the nature of the regulatory industry, it can be complex to keep track of what is required for your product and to navigate the regulatory landscape for this country. 

The latest example of such complexity is the new Mexican Conformity Assessment Procedure (PEC) which entered in force on 25th February 2021.

As a result of the new PEC, several changes have been introduced to the Type Approval process for radio devices falling under Mexican national standards which require applicants to follow a local testing procedure for Type Approval (such as NOM-208-SCFI-2016 and NOM-221-SCFI-2017 part 2) or are part of IFT requirements for Type Approval such as NOM-221-SCFI-2017 part 1.

Please find below a reminder of Type Approval changes for devices which fall under the scope of the new PEC:

  • RF Certificates of Conformity (CoC) and RF test reports are no longer transferable. This means that each Mexican importer must obtain their own RF test report, RF CoC and IFT Approval certificate.
  • All current RF CoCs and RF test reports that have been issued to a third party as the local representative and where import continues after 25th February 2021 will need to be issued again in the name of each importer. Affiliates and / or subsidiaries can make use of the certificates, however, they must meet a series of legal requirements to prove their status. Note: there is no simplified process whereby third parties can transfer the certificates / reports to the importer. The full Type Approval process for each importer must be carried out.
  • Four certification schemes have been introduced according to the needs of the importer and to improve market surveillance depending on the product category assigned:
  1. Single batch - This scheme is for a single batch of the same brand and same model of a new product.
  2. Multiple batch - This scheme is for several batches of the same brand and same model of a new product.
  3. Family of products - This scheme is for product families, which will be considered as family if they: are the same type of product, are the same brand, have the same functionality, and only have aesthetic or appearance variations.
  4. Telecommunications or broadcasting device - This scheme will replace modular Approval. Moving forward, only devices (modules) for which the main function is Internet of Things (IoT) will be allowed to be certified this way*.

* From direct discussions between PCS and the Mexico RF Regulator - Instituto Federal de Telecomunicaciones (IFT) - it was advised that the main criteria to allow modular certification is if the module is classed as IoT. The certificate must also indicate the host product that it will be incorporated into. The list of host products that incorporate the IoT module can also be expanded via a simplified process later down the line.

  •  Certification Bodies (CBs) are now responsible for sample submission to the labs. CBs will now carry out a “pre-application review” before sending the sample to the laboratory, and once they have confirmed that all the necessary documents have been provided.
  •   Sample requirements have increased.
  • Modular Approval certificates issued before the new PEC entered into force will continue to be valid if they were issued under the real importer.
  • The Mexican Secretariat of Economy has announced that as of 3rd March 2021, the previous official announcements that allowed importing using NOM-208 CoCs issued in the name of third parties other than the importer have been cancelled. PCS understands that Customs will now start requesting a NOM-208 CoC per importer.

PCS are excellently placed to advise on and assist with the latest developments concerning this major change in this country, with excellent links with local CBs and regulators.

Our team of Spanish-speaking country managers possess a high level of expertise in the Mexican regulatory framework so please do not hesitate to get in touch should you have any questions concerning product compliance and market access in Mexico.