ERA-GUI-100.pdf - Europa

Guide for the application of the Art 14 (a) of the Safety Directive and Commission Regulation (EU) No 445/2011
on a system of certification of entities in charge of maintenance for freight wagons – VERSION 1.0
9.6 You area an accredited or recognized body or a NSA designated as
certification body. What are your responsibilities?
The applicant ECM is free to choose its certification body (Article 6(1) of ECM Regulation). The
ECM can contract body:
‣ With a certification accredited or recognised in any Member state;
‣ With the NSA of the Member State where the ECM is established only if the NSA has been
designated by its Member state to perform ECM certification
The Member State shall be responsible for ensuring the competency of the NSA acting as ECM
certification body when it is not accredited or recognised. To this end the Member State should
base its control measures on the annex II of the ECM regulation and the ECM accreditation
scheme. The Member State should also communicate on those control measures and their results
with all interested parties to avoid creating doubts on the competence of NSAs.
For recognition, when applying the article 5(2) of the Regulation 765/2008, the Member State shall
provide evidences to the Commission and the other Member States on equivalence between the
scheme put in place with the Annex II of the ECM Regulation and the ECM accreditation scheme.
The certification bodies have to examine and treat claims from the NSA (Article 9 of ECM
Regulation), RU or any other contracting party (Article 5(7) of ECM Regulation) and take
appropriate action to check if the claim of non-compliance is justified and shall inform the
parties involved (including the competent national safety authority if relevant) of the results
of its investigation (Article 5(7) of ECM Regulation).
The certification body is solely empowered to decide whether to amend, renew, limit the
scope of application, suspend or revoke the ECM certificate based upon significant changes
in the circumstances applying at the time the original certificate was awarded (Cf. Article
7(4) of ECM Regulation) or if the ECM no longer complies with the certification requirements
or any improvement plan (Cf. Article 7(7) of ECM Regulation).
9.7 What other legal information do you need to have in mind when
managing contracts?
The contractual and non-contractual liability issues, as private law in general, remain within the
competence of the Member States, although the EU has intervened in such field where it appeared
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