Operational obligations for the competent authority, its delegate or inspection body

The competent authority, its delegate or inspection body shall carry out conformity assessments,
periodic inspections, intermediate inspections and exceptional checks in a proportionate manner,
avoiding unnecessary burdens. The competent authority, its delegate or inspection body shall perform
its activities taking into consideration the size, the sector and the structure of the undertakings
involved, the relative complexity of the technology and the serial character of production.

Nevertheless the competent authority, its delegate or inspection body shall respect the degree of rigour
and the level of protection required for the compliance of the transportable pressure equipment by the
provisions of parts 4 and 6 as applicable.

Where a competent authority, its delegate or inspection body finds out that requirements laid down in
parts 4 or 6 have not been met by the manufacturer, it shall require the manufacturer to take
appropriate corrective measures and it shall not issue any type approval certificate or certificate of
conformity.

Information obligation

Contracting Parties to ADR shall publish their national procedures for the assessment, appointment
and monitoring of inspection bodies and of any changes to that information.

Delegation of inspection tasks

NOTE: In-house inspection services according to 1.8.7.6 are not covered by 1.8.6.4.

Where an inspection body uses the services of any other entity (e.g. subcontractor, subsidiary), to
carry out specific tasks connected with the conformity assessment, periodic inspection, intermediate
inspection or exceptional checks, this entity shall be included in the accreditation of the inspection
body, or it shall be accredited separately. In the case of separate accreditation, this entity shall be duly
accredited according to standard EN ISO/IEC 17025:2005 and shall be recognised by the inspection
body as an independent and impartial testing laboratory in order to perform testing tasks in accordance
with its accreditation, or it shall be accredited according to standard EN ISO/IEC 17020:2012 (except
clause 8.1.3). The inspection body shall ensure that this entity meets the requirements set out for the
tasks given to it with the same level of competence and safety as laid down for inspection bodies (see
1.8.6.8) and the inspection body shall monitor it. The inspection body shall inform the competent
authority about the above mentioned arrangements.

The inspection body shall take full responsibility for the tasks performed by such entities wherever the
tasks are performed by them.

The inspection body shall not delegate the whole task of conformity assessment, periodic
inspection, intermediate inspection or exceptional checks. In any case, the assessment and the issue of
certificates shall be carried out by the inspection body itself.

Activities shall not be delegated without the agreement of the applicant.

The inspection body shall keep at the disposal of the competent authority the relevant documents
concerning the assessment of the qualifications and the work carried out by the above mentioned
entities.

Information obligations for inspection bodies

Any inspection body shall inform the competent authority, which had approved it, of the following:
(a) Except when the provisions of 1.8.7.2.4 apply, any refusal, restriction, suspension or
withdrawal of type approval certificates;
(b) Any circumstance(s) affecting the scope of and conditions for the approval as granted by the
competent authority;
(c) Any request for information on conformity assessment activities performed which they have
received from competent authorities monitoring compliance according to 1.8.1 or 1.8.6.6;
(d) On request, conformity assessment activities performed within the scope of their approval and
any other activity performed, including delegation of tasks.

The competent authority shall ensure the monitoring of the inspection bodies and shall revoke or
restrict the approval given, if it notes that an approved body is no longer in compliance with the
approval and the requirements of 1.8.6.8 or does not follow the procedures specified in the provisions
of ADR.

If the approval of the inspection body is revoked or restricted or if the inspection body ceased activity,
the competent authority shall take the appropriate steps to ensure that the files are either processed by
another inspection body or kept available.

The inspection body shall:
(a) Have a staff with an organizational structure, capable, trained, competent and skilled, to
satisfactorily perform its technical functions;
(b) Have access to suitable and adequate facilities and equipment;
(c) Operate in an impartial manner and be free from any influence which could prevent it from
doing so;
(d) Ensure commercial confidentiality of the commercial and proprietary activities of the
manufacturer and other bodies;
(e) Maintain clear demarcation between actual inspection body functions and unrelated functions;
(f) Have a documented quality system;
(g) Ensure that the tests and inspections specified in the relevant standard and in ADR are
performed; and
(h) Maintain an effective and appropriate report and record system in accordance with 1.8.7
and 1.8.8.
The inspection body shall additionally be accredited according to the standard EN ISO/IEC
17020:2012 (except clause 8.1.3), as specified in 6.2.2.11, 6.2.3.6 and TA4 and TT9 of 6.8.4.
An inspection body starting a new activity may be approved temporarily. Before temporary
designation, the competent authority shall ensure that the inspection body meets the requirements of
the standard EN ISO/IEC 17020:2012 (except clause 8.1.3). The inspection body shall be accredited
in its first year of activity to be able to continue this new activity.
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