Onderwerp: Bezoek-historie

Regulation on Designated Bodies of the Marine Equipment Act (uncontrolled version)
Geldigheid:28-09-2000 t/m Status: Geldig vandaag

Dit onderwerp bevat de volgende rubrieken.

§ 1 Definitions


Article 1
In this Regulation the following terms have the following meanings:
a. modules B, D, E, F, G and H: the conformity-assessment modules B, D, E, F, G and H, as referred to in Annex B to the Directive;
b. NEN-EN 45001, NEN-EN 45004, NEN-EN 45011 or NEN-EN 45012: the standard corresponding with the relevant indication, issued by the Netherlands Standardisation Institute in Delft;
c. Dutch Accreditation Council: the Dutch Accreditation Council, established in Utrecht.

§ 2 Applications


Article 2
1. An application for assignment as a designated body pursuant to Article 4, first paragraph, of the Marine Equipment Act states for which of the modules mentioned in Article 1, under a, and for which of the categories of marine equipment mentioned in Annex A. 1 to the Directive the designation is required.
2. Assignment may only be required for all assessment examination tasks from a certain module and for all parts of equipment belonging to a certain category of marine equipment.

Article 3
1. An application is accompanied by the following data and documents:
a. an excerpt of the registration of the applicant in the register of companies;
b. copies of policies of third-party insurances;
c. if the applicant has been accredited by the Council: the certificate of accreditation, as well as a written declaration in which the applicant authorizes the Council to give all data and information relating to his accreditation desired by the Minister of Transport, Public Works and Water Management;
d. if the applicant has not been accredited by the Council: an assessment report drawn up by the Council which contains the results of an investigation, conducted by the Council in compliance with the Articles 5 and 6, into the ability of the applicant to perform the tasks for which assignment has been asked.
2. An applicant who has not been accredited by the Council gives the Council all data and documents that the Council needs for drawing up the assessment report mentioned in the first paragraph, subparagraph d.
3. An applicant who has been investigated by the Dutch Accreditation Council pays the Council the expenses involved with the investigation.

Article 4
Cancelled

§ 3 Assessment criteria


Article 5
The authority to be assigned complies with the requirements, relevant in view of the tasks to be performed, of:
a. for the modules B and 6: NEN-EN 45004 or NEN-EN 45011;
b. for the modules D, E and H: NEN-EN 45012;
c. for module F: NEN-EN 45001, NEN-EN 45004 or NEN-EN 45011.

Article 6
The authority to be assigned disposes of or can dispose of personnel with:
a. as far as the tasks to be performed relate to life-saving appliances, means for the prevention of pollution of the sea or fire-protective means: naval architectural, mechanical or naval engineering knowledge at the level of Higher Vocational Education or an equivalent combination of naval architectural, mechanical, or naval engineering knowledge at the level of Intermediate Vocational Education and relevant practical experience;
b. as far as the tasks to be performed relate to navigation or radiocommunication apparatus: nautical knowledge at the level of Higher Vocational Education and electrotechnical knowledge at the level of Intermediate Vocational Education in combination with relevant practical experience in the two subject fields.

Article 7
The to be assigned authority has been registered in the register of companies as a company established in the Netherlands or as a branch of a foreign company established in the Netherlands.

Article 8
The to be assigned authority has been insured against third party insurance , resulting from activities in connection with the tasks for which assignment has been asked, with an insured amount of at least €2268,901 per event.

Article 9
A to be assigned authority is considered to comply with the Article 5 and 6, if it has been accredited by the Dutch Accreditation Council for the tasks for which assignment has been asked.

§ 4 Cancelled


Article 10
Cancelled

§ 5 Supervision


Article 11
Cancelled

Article 12
Every year before 1 March, a designated body provides the Minister of Transport, Public Works and Water Management with a written report on the conformity-assessments and procedures within the scope of the Marine Equipment Act performed by it during the previous calendar year.

Article 13
The designated body immediately informs the Minister of Transport, Public Works and Water Management:
a. of modifications in the registration in the register of companies relating to the designated body , concerning its name and address data;
b. if it has been accredited by the Dutch Accreditation Council for the tasks for which is has been assigned: of modification, suspension or termination of its accreditation;
c. if it does not dispose of an accreditation as referred to in subparagraph b: of changes in the organization, the internal company procedures or the staffing of the designated body , insofar as these changes are relevant for the way in which or the extent to which the designated body complies with the Articles 5 and 6.

Article 14
1. A designated body which does not dispose of an accreditation as referred to in Article 13, subparagraph b, is subject to an annual audit and once every four years to a re-examination, to be performed by the Dutch Accreditation Council, who reports the results of the examination to the Minister of Transport, Public Works and Water Management.
2. During an audit it is roughly tested whether the designated body still complies with the Articles 5, 6 and 8. During a re-examination a complete re-evaluation takes place of the ability of the conformity testing service, in view of its organization, personnel and equipment, to perform the tasks for which it has been designated.
3. The period between the examination, as referred to in Article 3, first paragraph, subparagraph d, and the next audit or between two examinations as referred to in the first paragraph, will be not less than eight and not more than sixteen months. If no non-conformities have been found at two subsequent examinations as referred to in the first paragraph and the conformity testing service has also properly complied with the Articles 12 and 13, the designated body may, contrary to the first paragraph, extend the maximum period till the next audit to not more than twenty four months.
4. In case of concourse of a re-examination with an audit , the re-examination replaces that audit.
5. A designated body examined by the Dutch Accreditation Council pays the expenses related to the appropriate examination to the Council.

§ 6 Final provisions


Article 15
This Regulation enters into force as from the time on which the Marine Equipment Act enters into force.

Article 16
This Regulation is quoted as:
Regulation on Designated Bodies of the Marine Equipment Act.

The Minister of Transport, Public Works and Water Management,
T. Netelenbos
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