Module D

Module D

Conformity to type based on quality assurance of the production process

Conformity to type based on quality assurance of the production process is that part of the conformity assessment procedure in which the manufacturer fulfills the obligations set out in points 2 and 5 and, under its sole responsibility, guarantees and declares that the products in question are in conformity with the type described in the EC-type examination certificate and meet the requirements of the legislative instrument applicable to them.

2.	Manufacturing The manufacturer shall operate an approved quality system for the manufacture, final inspection, and testing of the products in question as specified in point 3 and shall be subject to surveillance as specified in point 4.

Quality system

3.1

The manufacturer shall lodge an application for assessment of its quality system for the products concerned with a notified body of its choice.

The application shall include:

— the name and address of the manufacturer, and, if the application is lodged by an authorized representative, also the name and address of the representative,

— a written declaration that the same application has not been lodged with another notified body,

— all relevant information on the intended product category,

— documentation relating to the quality system,

— technical documentation of the approved type and a copy of the EC type-examination certificate.

3.2

The quality system must ensure that the products conform to the type described in the EC type-examination certificate and to the requirements of the legislative instrument applicable to them.

All the elements, requirements, and provisions applied by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures, and instructions. The quality system documentation must permit a consistent interpretation of the quality programs, plans, manuals, and records.

The quality system documentation must contain, in particular, an adequate description

— quality objectives and the organizational structure, responsibilities, and authorities of management regarding product quality;

— the corresponding methods, procedures, and systematic activities to be used in production, inspection, and quality assurance;

— the inspections and tests to be carried out before, during, and after production, specifying their frequency;

— quality records, such as inspection reports, test records, calibration records, reports on the qualifications of the personnel concerned, etc.,

— the means of monitoring the achievement of the required product quality and the effective operation of the quality system.

3.3

The notified body shall assess the quality system to determine whether it meets the requirements referred to in point 3.2.

For those elements of the quality system that correspond to the relevant specifications of the national standard implementing the relevant harmonized standard or technical specifications, it shall presume conformity with these requirements.

The audit team must have experience with quality management systems, and at least one member must have experience in assessing the relevant product field and the technology of the products in question, as well as knowledge of the relevant requirements of the legal instrument. The audit includes an assessment visit to the manufacturer’s premises. The audit team shall review the technical documentation referred to in the fifth indent of point 3.1 to verify that the manufacturer is capable of identifying the relevant requirements of the legal instrument and carrying out the necessary reviews to ensure the product’s conformity with those requirements.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned assessment decision.

3.4	The manufacturer undertakes to fulfill the obligations arising from the quality system as approved and to maintain it so that it remains adequate and effective.

3.5

The manufacturer shall inform the notified body that approved the quality system of any intended change to the quality system.

The notified body shall assess the proposed changes and decide whether the modified quality system will continue to meet the requirements set out in Section 3.2 or whether a new assessment is necessary.

The notified body shall notify the manufacturer of its decision. The notification shall contain the conclusions of the review and the reasoned assessment decision.

Surveillance under the responsibility of the notified body

4.1	The purpose of surveillance is to ensure that the manufacturer duly fulfills the obligations arising from the approved quality system.

4.2	For the purpose of assessment

the manufacturer shall allow the notified body access to the premises intended for production, inspection, testing, and storage, and shall provide it with all necessary information, in particular:

— quality system documentation,

— quality records, such as inspection reports, test records, calibration records, reports on the qualifications of the personnel concerned

etc.

4.3	The notified body shall conduct periodic audits to ensure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4

In addition, the notified body may pay unannounced visits to the manufacturer. During such visits, the notified body may, if necessary, carry out or have carried out product tests to verify that the quality system is functioning properly. The notified body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

Conformity Marking and Declaration of Conformity

5.1

The manufacturer shall affix the required conformity marking set out in the legislative instrument and, under the responsibility of the notified body referred to in point 3.1, the identification number of that body to each individual product that is in conformity with the type described in the EC type-examination certificate and satisfies the applicable requirements of the legislative instrument.

5.2

The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for a period of ten years after the product has been placed on the market. The declaration of conformity shall identify the product model for which it has been drawn up.

A copy of the declaration of conformity shall be made available to the competent authorities upon request.

The manufacturer shall, for the purposes of the national authorities, keep the following for a period of at least ten years from the date the product was placed on the market:

— the documentation referred to in point 3.1,

— the information on the change referred to in point 3.5, as approved,

— the decisions, reports, and records of the notified body referred to in points 3.5, 4.3, and 4.4.

Each notified body shall inform its notifying authorities of the quality system approvals it has issued or withdrawn, and shall, periodically or upon request, make available to its notifying authorities a list of quality system approvals it has refused, suspended, or otherwise restricted.

Each notified body shall inform the other notified bodies of the quality system approvals it has refused, suspended, withdrawn, or otherwise restricted, and, upon request, of the quality system approvals it has issued.

8.	Authorized Representative The manufacturer’s obligations set forth in sections 3.1, 3.5, 5, and 6 may be fulfilled on its behalf and under its responsibility by its authorized representative, provided they are specified in the mandate.