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.

Delegation of inspection tasks

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.
 

Procedures for conformity assessment and periodic inspection

NOTE: In this section, "relevant body" means a body assigned in 6.2.2.11 when certifying UN pressure receptacles, in 6.2.3.6 when approving non-UN pressure receptacles and in special provisions TA4 and TT9 of 6.8.4.

General provisions

The procedures in section 1.8.7 shall be applied according to 6.2.3.6 when approving  non-UN pressure receptacles and according to TA4 and TT9 of 6.8.4 when approving tanks, battery-vehicles and MEGCs.

The procedures in section 1.8.7 may be applied according to the table in 6.2.2.11 when certifying UN pressure receptacles.
 

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