Abschnitt 3.3 - 3.3 Control Measures
The Testing and Certification Body shall conduct control measures in order to establish whether
- a.
the products manufactured still comply with the examined type
- b.
the manufacturing quality is ensured
- c.
there is continued validity of proof of satisfaction of the product and certification requirements and/or
- d.
whether there is lawful use of an awarded and/or approved mark.
Control measures shall be implemented, in particular, where
- a.
control measures are provided for in legal provisions applicable to the relevant product and where such measures are not provenly taken by other offices in certain cases,
- b.
the DGUV Test Mark or the ET Mark was conferred.
Unless otherwise regulated by legal provisions, the following control measures shall apply:
- a.
product testing
- b.
production monitoring and/or auditing of a product-related quality assurance system (QAS)
- c.
auditing and certification of management systems and/or of a product-related quality assurance system (QAS).
The Applicant shall enable control measures to be conducted at any time. In particular, the Applicant shall ensure that employees of the Testing and Certification Body have access to the relevant areas of the enterprise at any time during normal business hours without advance notice being required. The employees of the Testing and Certification Body are entitled to remove products from ongoing production free of charge at any time, to test such products and to examine the production facilities. As a rule, such tests shall be conducted once a year at the manufacturer or the importer. Further tests shall be conducted insofar as required by law, otherwise further tests may be conducted. This also applies to repeat and additional tests. Products for product testing may also be taken from the free market.
An existing QM system at the Applicant may be taken into account during control measures unless otherwise regulated by a legal provision. In this respect the Testing and Certification Body shall examine the extent to which the existing QM system meets the requirements regarding the monitoring of certification, and which additional measures could be necessary.
The Testing and Certification Body shall evaluate the divergences from the foundations and requirements of the relevant conformity assessment procedure that are established during control measures and shall notify the Applicant accordingly. Depending on the nature and extent of the divergence, the Testing and Certification Body may take the following measures:
requirement to rectify the divergence
suspension and/or limitation of the certificate
revocation of the certificate
The Testing and Certification Body may also take other control measures, e.g. verification of documents, internet search and trade fair inspections.
The Certificate Holder shall bear the costs of control measures. The amount of the costs shall be determined according to the Fee Schedule in force at the time the control measures are taken.