ERA-GUI-100.pdf - Europa
ERA-GUI-100.pdf - Europa
ERA-GUI-100.pdf - Europa
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Guide for the application of the Art 14 (a) of the Safety Directive and Commission Regulation (EU) No 445/2011<br />
on a system of certification of entities in charge of maintenance for freight wagons – VERSION 1.0<br />
7.6.2 I have my residence outside the EU<br />
According to the recital (7) of ECM Regulation, “Certificates issued by certification bodies in third<br />
countries appointed under equivalent criteria and meeting equivalent requirements to those<br />
contained in this Regulation should normally be accepted as being equivalent to the ECM<br />
certificates issued in the Union”. No other provision of the ECM Regulation deals with certificates<br />
issued by certification bodies in third countries.<br />
This means that Member States should accept under certain conditions ECM certificates issued by<br />
certification bodies established in third countries. In doing so, the Member States should in<br />
principle:<br />
• Ensure that such certification bodies comply with the general criteria and<br />
principles set out in Annex II of the ECM Regulation and any subsequent<br />
accreditation scheme and;<br />
• Ensure that decisions taken by certification bodies established in third countries<br />
are subject to judicial review (as required under Art 6(3) of the ECM<br />
Regulation), and;<br />
• Ensure that such certification bodies are themselves accredited by a national<br />
accreditation body in the sense of Regulation 765/2008.<br />
Regulation No 765/2008 also allows for accreditation of non-EU certification bodies by non<br />
EU national accreditation bodies (See in particular the reference made to “a peer evaluation<br />
system among national accreditation bodies from the Member States and other European<br />
countries” in recital (23) of this Regulation).<br />
Article 11(2) of Regulation 765/2008 provides that “National authorities shall recognise the<br />
equivalence of the services delivered by those accreditation bodies which have successfully<br />
undergone peer evaluation under Article 10, and thereby accept, on the basis of the<br />
presumption referred to in paragraph 1 of this Article, the accreditation certificates of those<br />
bodies and the attestations issued by the conformity assessment bodies accredited by<br />
them”. This means that accreditation certificates delivered by a recognized<br />
accreditation body and certificates issued by accredited certification bodies should<br />
be recognized within the EU.<br />
Even if certification bodies established in third countries are not directly governed by the<br />
ECM Regulation, they still need to comply with the obligations and tasks imposed on<br />
certification bodies by the ECM regulation so that the certificates delivered to entities in<br />
charge of the maintenance for freight wagons used in the EU be recognised as valid.<br />
For a certification body granting an ECM certificate or an accreditation body accrediting a<br />
certification body, the following cases may apply:<br />
• The certification body has its residence inside or outside the EU;<br />
• The accreditation body has its residence inside or outside the EU.<br />
The table below presents the possible scenarios:<br />
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