STATE AGENCY FOR METROLOGICAL AND TECHNICAL SURVEILLANCE ACCREDITATION – BG situation 8 - 10 April 2014, Prague 1 1 Legal basis REGULATION (EC) No 765/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93; Accreditation is carried out by one single national accreditation body appointed by its Member State (Art 4.1); Accreditation is performed as a public authority activity (Art 4.5); National accreditation body operates free from commercial motivations (Art 8.1) and on a not-for- profit basis (Art 4.7); National accreditation bodies do not compete with conformity assessment bodies and among each other (Art 6.1 and Art 6.2). 2 EU general principles Principle of use of accreditation as a privilege tool for assessment of NBs competence, forming the last level of control : Appointment of single National Accreditation Body. National decision on use the accreditation as a precondition for notification, enforced by respective amendment of acting national legislation on notification if necessary. Development of sectoral schemes for assessment of CABs for notification purposes. 3 National Accreditation Body Executive Agency Bulgarian Accreditation Service to the Minister of Economy – established in December 1999; Law on accreditation – adopted in 2005; Law on National Accreditation of Conformity Assessment Bodies - 2010 EA full member – 2001; EA MLA signatory – 2005 - 2011: certification of quality systems - 2005 certification of personnel - 2005 product certification, inspection bodies, EMAS – 2010 calibration and testing labs – 2011 4 Accredited Bodies - March 2014 Total number – 568 Testing labs – 214 Calibration labs – 16 Testing and calibration labs – 11 Inspection bodies – 290 MS certification bodies – 13 Product certification bodies – 8 Certification of persons – 4 Verifiers - 2 5 Notifying Authorities Ministry of Investment Planning – construction products Executive Agency “Maritime Administration” – maritime equipment Railway Administration Executive Agency railways State Agency for Metrological and Technical Surveillance – all NADs except above mentioned 6 Legal basis for NA notifications by SAMTS Law on Technical Requirements for Products – stipulates the notification procedure; Horisontal Framework Law, defining; Scope, Objectives, general Obligations of Economic Operators; Preconditions for placing products on the Market – conformity assessment procedures, assessment procedure of CABs (notified bodies) competence; Market Surveillance provisions –responsible authorities, powers and obligations; Penalty provisions; Transitional and final provisions – definitions, entering into force. 7 Legal basis for NA notifications by SAMTS Ordinances on essential requirements and conformity assessment: Secondary Legislation, defining; Scope, Specific Obligations of Economic Operators; Requirements for placing products on the Market – applicable conformity assessment procedures, additional specific requirements for CABs (notified bodies); Essential Requirements; Modules on conformity assessment; Transitional and final provisions – definitions, entering into force; 8 Implementation practice - BG Notification based on both – accreditation and without accreditation; For accredited candidates – light procedure, that promotes the advantage of accreditation - technical competence acknowledged. Legal transparent procedure for assessment of CABs competence established in the Law; Right to appeal decision on designation and further notification. Provision to restrict or withdraw the notification in case of non proper fulfillment of obligations related to conformity assessment. 9 Implementation practice - BG Requirement for Notified bodies according to Law on Technical Requirements to Products : Full compliance in term of competence requirements. Obligation to participate in European NBs working Groups – at least one representative by sector. Obligation to follow European Standardization bodies work – to participate in TCs. Obligation to report annually to the notifying authority – State Agency for Metrological and Technical Surveillance on their activities. In case of incompliance - penalty provisions. 10 Notified bodies (by SAMTS) 2 1 1 EMC 4 SPV 2 CIVEX 1 1 Crafts 1 RTTE 2 ATEX 2 Lifts Machinery 1 3 PED LVD T PE MID 5 3 Cable NAWI HWB 5 3 NE 11 Accreditation Status of NBs Accredited NBs – 5; 17020 – 4 17024 – 1 Accredited in house labs – 11; Non accredited in house labs – 6; Accredited sub-contracted labs – 15; Non-accredited sub-contracted labs -5. 12 NBs informal structures in BG Support to designated/notified bodies establishment of National Board of designated bodies establishment of national working groups by sector: Working Group 1: Gas appliances; Working Group 2: Pressure equipment and simple pressure vessels; Working Group 3: Equipment designed for use within certain voltage limits, electromagnetic compatibility and radio and telecommunications terminal equipment Working Group 4: Machinery; Working Group 5: Lifts; Working Group 6: Toys. 13 Challenges for CABs/NBs Need of training; Need of testing equipment; Support for participation in NB working groups at EU level; Participation in standardization TCs work; Participation in international projects; Obligatory accreditation for all – acting and candidates. 14 Thank you! Web site: www.damtn.government.bg E-mail: damtn@damtn.government.bg 15