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.
Any inspection body shall inform the competent authority, which had approved it, of the following:
(a) Except when the provisions of 220.127.116.11.4 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 18.104.22.168;
(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 22.214.171.124 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 126.96.36.199, 188.8.131.52 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.
NOTE: In this section, "relevant body" means a body assigned in 184.108.40.206 when certifying UN pressure receptacles, in 220.127.116.11 when approving non-UN pressure receptacles and in special provisions TA4 and TT9 of 6.8.4.
The procedures in section 1.8.7 shall be applied according to 18.104.22.168 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 22.214.171.124 when certifying UN pressure receptacles.
Each application for
(a) The type approval in accordance with 126.96.36.199 or;
(b) The supervision of manufacture in accordance with 188.8.131.52 and the initial inspection and test in accordance with 184.108.40.206; or
(c) The periodic inspection, intermediate inspection and exceptional checks in accordance with 220.127.116.11
shall be lodged by the applicant with a single competent authority, its delegate or an approved inspection body of his choice.
The application shall include:
(a) The name and address of the applicant;
(b) For conformity assessment where the applicant is not the manufacturer, the name and address of the manufacturer;
(c) A written declaration that the same application has not been lodged with any other competent authority, its delegate or inspection body;
(d) The relevant technical documentation specified in 18.104.22.168;
(e) A statement allowing the competent authority, its delegate or inspection body access for inspection purposes to the locations of manufacture, inspection, testing and storage and providing it with all necessary information.
Where the applicant can demonstrate to the satisfaction of the competent authority or its delegated inspection body conformity with 22.214.171.124 the applicant may establish an in-house inspection service which may perform part or all of the inspections and tests when specified in 126.96.36.199 or 188.8.131.52.
Design type approval certificates and certificates of conformity - including the technical documentation - shall be retained by the manufacturer or by the applicant for the type approval, if he is not the manufacturer, and by the inspection body, who issued the certificate, for a period of at least 20 years starting from the last date of production of products of the same type.
When a manufacturer or owner intends to cease operation, he shall send the documentation to the competent authority. The competent authority shall then retain the documentation for the rest of the period specified in 184.108.40.206.5.