2.8 Client Responsibilities
CE Marking – Category III Regulation
1. These Regulations define the prime responsibilities of Certified Conformity Limited, hereinafter referred to as “Certified Conformity “, in the issuing and monitoring of certificates and of the certificate holder in maintaining their certification.
2. The Governing Board of Certified Conformity, acting through the senior executive, has responsibility for the issue and maintenance of certificates. The senior executive may delegate these day to day responsibilities to specified individuals who will be employed as necessary to undertake such tasks.
3. An applicant company which satisfies all of the necessary criteria and gives undertakings as required shall be entitled to be issued with a certificate demonstrating their status as a certified company, which shall remain the property of Certified Conformity. Separate certificates shall be issued for each model, or group of models, or product family, as requested by the applicant. All certificates and / or amended certificates are subject to a maximum validity period of 5 years from date of issue / amendment. The validity of certificates covering category III products is also linked to continuing compliance with the requirements of either Article 11.A or Article 11.B. Certification is not transferable without the written permission of Certified Conformity.
4. Each certified company shall:
a. make claims of certification only in accordance with the certificate(s) issued
b. comply with these Regulations at all times
c. comply with United Kingdom and European legislation covering the CE marking of products at all times
d. only use the certification mark as directed by the United Kingdom Government and European Commission
e. maintain the technical documents assessed as satisfactory and make available copies for the use and retention, if considered appropriate, by Certified Conformity
f. permit access to competent EC authorities to relevant technical documentation, upon a reasoned request, for at least 10 years following the placing of product on the market.
g. At the request of the senior executive cease claims to certification considered unacceptable
h. give access during normal working hours to Certified Conformity representatives to all areas subject to the conditions of certification for the purposes of assessing the continued compliance of the production and test procedures relative to category III products only
i. nominate a company representative and at least one deputy to be responsible for the company’s compliance with these Regulations
j. upon cancellation of certification return all certificates and schedules to Certified Conformity and immediately cease applying the certification mark to products and claims to certification, including the erasing of certification claims on any company literature, advertising material etc.
k. upon cancellation of certification shall remove the certification mark from product in his possession, if requested to do so by the senior executive.
l. maintain a record of complaints and related actions to be made available to authorised persons when requested.
5. (i) Each company issued with a certificate for a category III product shall pay: –
a. a certificate issue fee
b. an annual maintenance fee per certificate, where applicable.
c. routine assessment fees
d. product testing fees, if required
e. varied additional fees covering certificate amendments, re-issues, renewals, special assessments and administration
f. a cancellation assessment fee if such a visit is considered necessary by the senior executive
g. any additional costs incurred by Certified Conformity due to the company’s non-compliance with these Regulations
5 (ii) Each company issued with a certificate for a category II product shall pay: –
a. a certificate issue fee
b. an annual maintenance fee per certificate, where applicable
c. varied additional fees covering certificate amendments, renewals, and re-issues.
d. any additional costs incurred by Certified Conformity due to the company’s non-compliance with these Regulations.
6. Certified Conformity shall: –
a. arrange for routine surveillance assessments to be carried out, for category III products only, at the required frequency but in no case less than one per annum for the purpose of verifying that the conditions of certification are being met by the company and selecting test samples, if required
b. give due notice of any serious reported problems or complaints concerning the company providing that confidentiality will not be breached
c. maintain confidentiality of all information except that which is in the public domain
d. make any necessary amendments to these Regulations and give those companies affected a minimum of 6 months to comply with any changed requirement
e. maintain a register of certified companies and products, which shall be available for inspection by the general public at the registered office
7. If a company fails to comply with these Regulations, then certification maybe: –
a. cancelled / withdrawn
c. not granted
8. The company will be notified in writing of any such decisions.
9. If a company goes into receivership, liquidation, becomes the subject of bankruptcy laws, is convicted of breaking the law of the land or acts in a disreputable manner, then certification may be cancelled / withdrawn, or not granted. The company shall be notified in writing of any such decisions.
10. If a company wishes to appeal against any decision made by the senior executive under these Regulations, it shall inform the governing board in writing within 21 days of being informed of such a decision. A meeting of the appeals panel shall be held within 30 days of the receipt of written notice and the appellant company shall be given 14 days’ notice of the details of the meeting. Both the senior executive and the appellant shall have the right to be heard in confidence at the meeting and have the right to legal representation. The majority decision of the panel shall be final. Pending the result of the appeal the senior executive’s decision will stand. The appeals panel shall consist of 3 members of the governing board, none of which shall have a vested interest in the outcome of the appeal.
11. Any notice given under these Regulations shall be in writing and shall be delivered either by hand or recorded mail to the last notified address. Any notice served by post shall be considered to have been served 48 hours from the time of posting.
12. For the purposes of these Regulations, Category II also means intermediate design and Category III also means complex design.