REQUEST for CERTIFICATION To the Notified Body ofi-CERT Arsenal, Objekt 213 1030 Vienna AUSTRIA T +43 1 798 16 01 790 F +43 1 798 16 01 977 Company: ___________________________________________________ Contact: ___________________________________________________ Address (Road): ___________________________________________________ Postal Code/Town/Country:___________________________________________________________ Telephone/Fax No.: ___________________________________________________ We ask to issue certificates (attestations of conformity according to EN 45011) and the authorisation of the use of the conformity mark ENplus for (please mark where appropriate) Producers of wood pellets Traders of wood pellets In order to prove the conformity of the product(s): _____________________________________________________________ _____________________________________________________________ with the reference specification(s) according to the ENplus handbook: Ο A1 Ο A2 Ο B For Producers of wood pellets: The required tests and inspections ha been ordered at the following laboratory: Laboratory: ________________________________________________ Contact: ________________________________________________ Address (Road): ________________________________________________ Postal Code/Town/Country________________________________________________ Telephone/Fax No.: ________________________________________________ For Traders of wood pellets the form ”Declaration of wood pellets traders” must be attached to this request. Place, date legally binding signature The following conditions for the issue of conformity attestations and for the use of the conformity mark „ofi-CERT“ are accepted as legally binding together with the General Terms and Conditions, the current version of which can be downloaded from www.oficert.at. -2- 1 Purpose The Österreichische Forschungsinstitut für Chemie und Technik (ofi) is an accredited certification-, testing- and inspection body for products and procedures (procedures are subsumed below under the term „products“). ofi has the competence, responsibility and impartiality to carry out certifications in line with given rules for procedures and execution on the basis of harmonized European standards and draft standards resp. technical specifications, which can be used as conformity-attestation in the regulated (e.g. CE) and voluntary (e.g. conformity mark ENplus) sector. 2 Issue of a Conformity Mark The issue of an attestation of conformity has to be applied for at the notified body ofi-CERT with this request. The procedure ends with the signing of a certification contract between the certificate holder and the notified body ofi-CERT and the subsequent issue of the attestation of conformity on the basis of a positive report of the testing- and inspection body employed for the inspection of the product (see article 9) and/or the factory production control (FPC). Any necessary improvement suggested, e.g. within the framework of the inspection of the FPC by the testing- and inspection body, has to be implemented prior to the issue of the attestation of conformity (see article 10). The authorisation for using the conformity mark ENplus on the product, its package, or on commercial accompanying documents etc. is issued to the manufacturer, importer, trader, or his in the EC domiciled authorised agent (physical or legal entity) in form of an attestation of conformity by the notified body ofi-CERT. These persons are subsequently subsumed under the term „certificate holder“. The certificate holder may use the conformity mark only for marking the products listed and specified in the request for certification (product name from manufacturer, listing of manufacturing plant, declaration of reference specifications and connected information such as ash content, nitrogen content, ash melting behaviour, calorific value. 3 Maintenance of the Authorisation to Use the Conformity Mark The authorisation to use the conformity mark is granted for a given period, which is fixed in the valid handbook of the European Pellet Council (EPC). If the product certification system provides for a FPC and/or the testing of samples taken from the plant or the open market by an accredited testing- and inspection body or the manufacturer at a given period (for the producers of wood pellets), then the authorisation for using the conformity mark is prolonged in each case for one additional period (usually one year), on condition that there is a positive result to the FPC and/or the testing of the above mentioned samples and that, if applicable, the improvements suggested have been implemented. If the product certification system does not provide for a FPC and/or testing by an accredited testing- and inspection body or by the manufacturer, then the authorisation to carry the conformity mark is valid for a period of one year on basis of a positive an inspection. -3- In order to carry out the inspection of the FPC and/or the testing of the samples taken, inspection agreements have to be signed with the notified body ofi-CERT and also with an accredited testingand inspection body, which has been recognised by the notified body ofi-CERT. This set of agreements defines the rights and duties of the partners to the agreement (manufacturer, his authorised agent, testing laboratory, notified body), as well as the products submitted to the inspection. The attestation of conformity is renewed by the notified body ofi-CERT on the basis of a positive report on the examination of the product (see article 9) by the testing- and inspection body instructed and/or the FPC. Any necessary improvements which have been suggested e.g. within the framework of inspection of the FPC by the testing- and inspection body, have to be implemented for the renewal of the attestation of conformity (article 10). 4 Extension of Certification The certificate holder is obliged to report any extensions or changes in the product range (e.g. an additional class) verifiably early enough to the notified body ofi-CERT and to the testing- and inspection body employed, so that the additional examinations deemed necessary (see article 9.3) can be performed prior to the start of serial production. 5 Suspension of Certification The certificate holder is entitled, also during the term of the certification, to suspend certification without stating a reason, by registered letter to the 31st of December of each year subject to three months’ notice. Any products produced after the suspension may not be furnished with the conformity mark. 6 Termination of an Attestation of Conformity An attestation of conformity is terminated if - a declared period of validity has expired; - the certificate holder cancels the certificate by registered letter to the 31st of December subject to three months’ notice; - the certificate holder closes his business; - credit protection procedures have been started in regard to the property of the certificate holder; - the legal stipulations, the requirements of the accrediting body or the technical standards on which the certificate is based, change, unless the certificate holder shows within a fixed deadline in form of a re-audit at his expense that the system is still state-of-the-art. 7 Cancellation of an Attestation of Conformity The right to use a conformity mark can be withdrawn immediately – after the certificate holder has had an opportunity for comment – if - shortcomings in the system, e.g. detected during the inspection of the FPC by the testingand inspection body or during a review examination and the time limit set for the repair of these shortcomings by corrective action has not been adhered to or essential conditions of the certified system are not (no longer) applicable; -4- - the certificate holder has made changes (or has arranged for changes to be made) to the certified version(s) of the product without the agreement of the notified body ofi-CERT; - the certificate holder marks another (similar) product in the same manner without the explicit approval of the notified body ofi-CERT; - circumstances arise which no longer agree with the conditions of the certification; - the state-of-the-art which was the basis for the attestation of conformity changes (e.g. revision or new issue of standards), unless the certificate holder shows within a fixed period in form of a re-audit at his expense that the system conforms also to the new stateof-the-art; - the conformity mark is used improperly; - charges of the notified body ofi-CERT, the testing- and inspection body instructed to the certificate holder are not paid completely in spite of a reminder; - charges of the license holder (EPC) are not paid completely in spite of a reminder; 8 Testing Conditions For the testing of the products mentioned in section 1 the handbook of the European Pellet Council (EPC) and the relevant European Standards in particular the EN 14961-2 and the prEN 15234-2 are used. 9 Manner and Execution of Tests Testing takes place in an accredited testing- and inspection body recognised by the notified body ofi-CERT. The tests mentioned in articles 9.1. and 9.2 can consist of an examination of the FPC, a spot sampling of test specimen and the subsequent testing of the products (producers of wood pellets) or a check of documents with a random control of the requirements, the FPC as well as a sampling (producers of wood pellets). The applicant has to provide the test objects. Together with the products to be tested, the notified body ofi-CERT is to receive a single copy of the testing documents prescribed in the testing directives either in German or English. 9.1 Initial Type-Test An Initial Type Test is ordered by the future certificate holder at an accredited testing and inspection laboratory recognised by the notified body ofi-CERT. It comprises all parts of the product range to be certified. 9.2 Audit Test In line with the requirements of the product certification system, a monitoring test is performed at the manufacturer’s plant. The scope of the Audit Test is defined in the valid handbook of the European Pellet Council (EPC). The result of the monitoring test is documented and serves as the basis for the renewed issue of the attestation of conformity. -5- 9.3 Repeated Test In case of negative test results in the tests mentioned in articles 9.1 and 9.2 a repeated test is permitted. If this repeated test has a positive conclusion, then the whole inspection is positive. If the repeated test does not achieve positive test results, then the incorrect production charge has to be excluded from use in the sense of the regulations concerned, and the certification procedures have to be stopped. The testing- and inspection body employed has to contact the notified body ofi-CERT immediately and verifiably about the any such stop of the certification procedures. 9.4 Construction & Design Test Marking testing is a special form of supplementary testing and has to take place, if there have been changes / extensions in a product with a conformity mark which have no impact at all or only very little effect on the function of this product. The decision whether a marking test is sufficient, is made by the notified body ofi-CERT. 9.6 Review examination Information about the non-conformity of products evaluated by the notified body ofi-CERT in regard to their conformity, may, if the information has reached in particular via the license holder resp. national pellets councils the notified body ofi-CERT, lead to a review examination. This examination can take place e.g. at the manufacturer, in the storehouse, or also at the trading company. The determination of non-conformity may lead to either suggestions for improvements or to the cancellation of the attestation of conformity. 10 Management of Suggestions for Improvements Initial Type Testing or continuous surveillance of FPC is performed by the testing- and inspection body. After the inspection of the FPC , the testing- and inspection body puts the observations made during the audit into writing and performs a total evaluation, which also includes, if necessary, suggestions for improvements. Suggestions for improvements are assessed by the testing- and inspection body according to their influence on product quality, stability of production processes respectively, with a time limit set in regard to their implementation. The check on the implementation is performed by the testing- and inspection body. In case of a failure to observe the time limits, the notified body ofi-CERT has to be informed by the testing- and inspection body immediately and verifiably. The notified body ofi-CERT decides together with the testing- and inspection body on the further course of action. In case of Initial Type Testing for a future attestation of conformity, the failure to observe the timelimits, delayed implementation of the suggested improvements respectively, can lead to the nonissue of the attestation of conformity. In case of surveillance – ongoing FPC for the maintenance of the attestation of conformity - the failure to observe the time-limits, delayed implementation of the suggested improvements respectively, can lead to the termination (article 6) or cancellation (article 7) of the attestation of conformity and therefore to the termination of the right to carry the conformity mark. -6- 11 Procedure to Obtain the Right to Carry the Conformity Mark The notified body ofi-CERT resolves on request the feasibility of a certification. The applicant for the certificate files subsequently an request in writing on a form provided by the notified body ofiCERT, thus also declaring consent to the existing terms and conditions (certification fees, etc.), recognises his rights and duties respectively. After the testing- and monitoring activities have been finished, the instructed testing- and inspection body sends a report to the notified body ofi-CERT. The testing- and inspection body has to summarise the test results and any given suggestions for improvements, as well as their implementation, if necessary draw up an inspection agreement with the applicant, and make a recommendation for awarding or not awarding an attestation of conformity. The documents and reports submitted are checked both in regard to formal and technical requirements by the notified body ofi-CERT‘s veto-person (technical) and the manager of the notified body ofi-CERT (formal). After a positive check-up there follows the billing, the signing of the agreement and the issue of the attestation of conformity. In case of a negative check-up there follows a refusal with an explanatory statement in writing, and the billing. The right to carry the conformity mark applies only to those products mentioned on the notified body ofi-CERT’s attestation of conformity. 12 Rights and Duties of the Certificate Holder The certificate holder has the right to - use the conformity mark on the product, its packaging and secondary packaging as well as on commercial accompanying documents etc. during the complete period of validity of the attestation of conformity; - use the conformity mark granted for promotional purposes; - listing in an index regularly published by the notified body; - information by the notified body ofi-CERT on any changes of the regulations on which the attestation of conformity is based in order to arrange for a re-audit at his expense within a fixed period of time. The manufacturer affirms, that the serially manufactured products match the product tested, by attaching the conformity mark. The certificate holder may use the conformity mark only for marking those products listed and specified in the attestation of conformity of the notified body ofi-CERT (product name from manufacturer, listing of the manufacturing plant, declaration of reference specifications and connected information such as classes). The certificate holder/manufacturer of the certified products is obliged to - always meet the relevant requirements of the certification programme; - make all necessary provisions for the realisation of future evaluations by the notified body ofi-CERT or the instructed testing- and inspection body, to provide the body concerned with all forms of records needed for the examination of the documentation; - sign a contract with the notified body ofi-CERT; -7- - implement any suggestions for improvements made by the testing- and inspection body within the framework of the inspection of the FPC in the agreed upon period of time; - keep records on any complaints on certified products by third parties; - disclose any changes in the execution or composition of a certified product intended for technical or commercial reasons to the notified body ofi-CERT. The notified body ofi-CERT decides on the manner of an perhaps necessary test (supplementary test, marking test); - make sure that the certificate is not used in an incorrect and/or deceptive manner; 13 Publication The granting of the right to carry the conformity mark, its suspension and/or cancellation is published, stating also the certificate number, on the homepage of the notified body ofi-CERT and – if need be – also in other publications. The notified body ofi-CERT publishes also regularly a complete register of all valid conformity marks. The attestation of conformity issued by the notified body ofi-CERT refer in regard to actuality of certificates to the listing on the homepage. 14 Secrecy All persons occupied with the procedures of the granting of the conformity mark are sworn to secrecy. 15 Disputes Disputes in connection with the certification and / or the right to carry the conformity mark will be submitted for decision to the notified body ofi-CERT’s arbitration board. A decision after having heard both parties is binding for both parties. 16 Transitory Provisions This directive is valid starting February 14th, 2011.