DGUV Grundsatz 300-004 - Rules of Procedure for Testing and Certification carrie...

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Abschnitt 15, 15 Validity of Certificates
Abschnitt 15
Rules of Procedure for Testing and Certification carried out by Testing and Certification Bodies in DGUV Test (DGUV Grundsatz 300-004)
Titel: Rules of Procedure for Testing and Certification carried out by Testing and Certification Bodies in DGUV Test (DGUV Grundsatz 300-004)
Normgeber: Bund
Amtliche Abkürzung: DGUV Grundsatz 300-004
Gliederungs-Nr.: [keine Angabe]
Normtyp: Satzung

Abschnitt 15 – 15 Validity of Certificates

15.1 Validity of the certificate

15.1.1
The validity of the certificates is limited to a maximum of five years, provided no EU legislation conflicts with this; for QM certificates and certificates of persons to a maximum of three years. Instead of a time period, the certificate may be limited to a particular production quota or production lot.

15.1.2
The certificate will become invalid,

  1. a.

    after the expiration of the certificate's validity,

  2. b.

    after the termination of the testing and certification contract or termination of the contract for control measures (with the exception of EC Type-Examination Certificate according to EC directive concerning PPE),

  3. c.

    after the withdrawal of the certificate by the Testing and Certification Body (see Section 15.2).

15.1.3
If the certificate-holder of a permanent certificate moves to an unknown address or is inaccessible for other reasons, the certification body shall declare the certificate invalid five years at the earliest after the certificate has been issued.

15.2 Withdrawal of the certificate

15.2.1
The certificate may be revoked, if

  1. a.

    the holder of a certificate does not fulfill or no longer fulfils the obligations arising from these Rules of Procedure for Testing and Certification or from the contract concluded with the Testing and Certification Body,

  2. b.

    the holder of the certificate or the holder's representative or the holder's agents are proved to have misled or attempted to deceive/defraud,

  3. c.

    misleading or unauthorized advertising is made, especially with the certification mark or with the certificate, or if the certificate is misused, or if legal requirements are not met in the marketing of a product,

  4. d.

    the health and safety requirements have changed, taking into account the transitional periods, unless a re-testing has determined (entailing costs to the certificate-holder) that the product meets the changed requirements,

  5. e.

    the certificate is used for products that do not conform to the tested type, unless a different decision of the Testing and Certification Body in accordance with Section 10.5 has been made,

  6. f.

    subsequently deficiencies are found in the products that were not detected during the testing and that have not been remedied by the specified deadline despite a written notice by the certification body, or if other facts that would have precluded the issuing of a certificate become known,

  7. g.

    the legal basis for the certification of a product no longer exists,

  8. h.

    the certified product proves to be a theft of intellectual property,

  9. i.

    the requirements for QM Systems based on the auditing have changed, taking into account the transitional periods; unless a post-audit (entailing costs to the certificate-holder) has determined that the system meets the changed requirements,

  10. j.

    the certificate for a QM System is used for operating areas for which it was not issued,

  11. k.

    subsequently deviations in the QM System are found that were not detected during the test, or other facts that preclude the issuance of a certificate become known,

  12. l.

    a harmonized standard is withdrawn and the decisions of the national and European coordination groups of the notified bodies that closed the gap in standards are not fulfilled by the product.

The original certificate must be returned to the Testing and Certification Body.

15.3 Suspension and restriction of the certificate

15.3.1
In certain cases, the Testing and Certification Body may suspend a certificate in lieu of retracting it pursuant to Section 15.2, i.e., the certificate is suspended for the duration of the suspension. The certificate-holder shall not use the certificate for the duration of the suspension.

If a certification mark has been conferred with the certificate, the product shall not be labeled with the test mark during the suspension. Stored products of the concerned type that are already marked with a certification mark may no longer be placed on the market bearing the mark.

The Testing and Certification Body shall notify the certificate-holder in writing following a final decision on whether the suspension - possibly with certain conditions - will be lifted or the certificate will be definitively revoked.

15.3.2
In lieu of revoking a certificate, the Testing and Certification Body may limit the scope of a certificate.

15.4 The Testing and Certification Body is authorized to publish the suspension, the restriction/limitation or withdrawal of a certificate pursuant to Section 15.2 or 15.3..