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CB-FCS MULTILATERAL AGREEMENT master_mla_fcs-2004

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CB-FCS MULTILATERAL AGREEMENT master_mla_fcs-2004

    CB-FCS

    FULL CERTIFICATION SCHEME

     MULTILATERAL OD-FCS 1

    AGREEMENT

    CB-FCS

    MULTILATERAL AGREEMENT

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    CB-FCS

    FULL CERTIFICATION SCHEME

CONTENTS

     Page

    CB-FCS MULTILATERAL AGREEMENT 3 Annex 1 to the CB-FCS Multilateral Agreement - 7 “Signatories to the Agreement”

    Annex 2 (Informative) to the CB-FCS Multilateral Agreement - “CB-FCS Multilateral Agreement Criteria”

    A9 Annex 2( Informative) to the CB-FCS Multilateral

    Agreement-CB

    Annex 3 (Informative) to the CB-FCS Multilateral 11 Agreement - ”Technical Scope of the CB-FCS”

    Annex 4 (Informative) to the CB-FCS Multilateral 12 Agreement - “Insurance Coverage”

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    CB-FCS

    FULL CERTIFICATION SCHEME

    CB-FCS MULTILATERAL AGREEMENT

INTRODUCTION

    The IECEE CB Full Certification Scheme (CB-FCS), is based on the principle of mutual recognition of Conformity Assessment Certificates by its participants as the basis for approval or certification of products at national level within the scope of the standards for safety of electrical equipment as itemized in Annex 3.

    CB-FCS is an extension of the CB Scheme and is an option to be exercised by the participants in the CB Scheme and by applicants under the same IECEE management structure.

The IECEE CB Scheme and CB-FCS operate in accordance with the IECEE “Basic Rules” (IECEE

    01), the IECEE “Rules of Procedure” (IECEE 02), the (CB-FCS) “Rules and Procedures…” (IECEE

    03), and Operational Documents approved by the IECEE Certification Management Committee (CMC).

    In addition to type testing resulting in the issuance of Conformity Assessment Certificates (CAC) and associated Conformity Assessment Reports (CAR), the Signatories to this Agreement, 55;z;z;xxx4while operating as Bodies B, agree to:

    X454xd

    ; Accept at its request Initial Factory Inspections carried out by Body A.

    ; Accept components integrated in appliances and which have been tested/verified/

    inspected by Body A.

    ; Not request samples, except as provided for in 3.1 below.

    (Note 1: The full set of Criteria that applies to each participating NCB and its CBTL(s), present participants, stand-by candidates and future candidates are itemized in Annex 2.

    (Note 2: In this Agreement, “Body A” refers to a Signatory to this Agreement to which an applicant first applies to seek CACs and CARs. “Body B” refers to a signatory to this Agreement which is requested to issue its national certification or approval based on Body A’s CAC and CAR.)

    This Agreement is intended to result in significant benefit to the manufacturer by reducing the number of steps to obtain certification or approval at national level, provided by Bodies B.

SCOPE OF PARTICIPATION OF THE SIGNATORIES

    The Signatories to this Agreement identified in Annex 1 may participate in CB-FCS with a Scope that does not exceed the range of product categories and standards for which they (and their CBTL(s)) are accepted in the IECEE CB Scheme as an Issuing and Recognizing NCB.

    The Signatories may choose to participate in CB-FCS within a Scope that is less than that for which they are accepted in the IECEE CB-Scheme.

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1. INITIAL FACTORY INSPECTIONS

    While operating as Bodies B, the Signatories to this Agreement agree to accept initial Factory Inspections carried out by Body A when required by the Body B provided that:

    ; Body A has already performed such inspections in accordance with Body’ B’s

    procedures and forms, or according to OD-CB-FCS 101 and OD-CB-FCS 103,

    which ever is appropriate according to Body B’s requirements.

    ; The complete Initial Factory Inspection Report is provided together with the

    application to Body B.

    Note: When Body A chooses to carry out Initial Factory Inspections in accordance with Body’s B

    procedure and forms, Body A must have undergone a training session lead by Body B. For the purpose of the Training, Body B will organize one session in coordination with the IECEE Secretary and all CB-FCS MLA Signatories will have to attend.

    1.1 When well founded reasons exist for doubting the identity of the product, the validity of the Initial Factory Inspection results or information provided, Body B shall consult with Body A, and inform the IECEE Secretariat, to clarify the relevant inquiry.

    If no agreement can be found to overcome the reason(s) for the inquiry, under the Secretariat’s arbitration (among the involved parties), Body B might be given the clearance to repeat the Initial Factory Inspection.

2. ACCEPTANCE OF COMPONENTS

    The acceptance of components integrated in appliances is based on the current IECEE Rules of Procedure and the relevant Operational Documents.

3. NO SAMPLE(S) REQUEST

    The Signatories to this Agreement agree to issue their Certification Marks without requesting a sample(s) of the product certified by Body A, except as indicated in 3.1 below, provided that:

    ; Body A has covered Body B’s national differences (if any) and this is clearly shown

    in the relevant Conformity Assessment Report (CAR) and Conformity Assessment

    Certificate (CAC).

    ; Body A provides Body B, together with the relevant Conformity Assessment Report,

    documented evidence for product identification in accordance with the CTL Decision

    i.e. a CD containing the photographs of the certified product(s).

    ; Body A provides Body B (directly or through the Applicant) a Declaration of Identity

    confirming that the product(s) for which the Body B’s Certification Mark is requested

    is identical to the product(s) initially certified by Body A.

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    3.1 When well founded reasons exist for doubting the identity of the product, the validity of test results or information provided, Body B shall consult with Body A, and inform the IECEE Secretariat, to clarify the relevant inquiry.

    If no agreement can be found to overcome the reason(s) for the inquiry, under the Secretariat’s arbitration (among the involved parties), Body B might be given the clearance to request a sample.

4. VALIDITY

    This Agreement is operated by the Signatories identified in Annex 1. A Signatory may withdraw from this Agreement by providing 90-day’s prior written notice to the IECEE Secretariat.

5. FEES

    Each Signatory independently will determine and administer its own fee policy for product testing, certification and inspections.

6. INDEMNIFICATION & INSURANCE

    Each of the Signatories to this Agreement shall indemnify the other Signatories for its negligent acts, errors or omissions during its performance under this Agreement (i.e. testing, factory inspections, and certification).

    All Bodies operating under this Agreement shall have in effect professional liability errors and omissions insurance coverage provided by an insurance company of good repute and adequate financial standing which provides an indemnity to them in respect of claims made against them arising out of or, in any way, related to their negligent acts, errors or omissions occurring whilst operating under this Agreement. In particular, the following points should be covered:

    ; Mistakes committed in evaluating a Conformity Assessment Report, which is in itself correct. ; Mistakes that could be involved in a Conformity Assessment Report involving the following

    kinds of errors:

    ; Mistakes made by employees in their own organization.

    ; Mistakes made in another laboratory employed by the policyholder.

    The insurance coverage shall be for an amount not less than 4.000.000 CHF per occurrence, or its equivalent, and the indemnity shall extend to claims made in all countries having bodies operating under this Agreement.

    Each Signatory shall provide the IECEE Secretariat with a certificate, in the format of, or equivalent to, the specimen appended as Annex 4, confirming that insurance coverage is held in accordance with these requirements.

    Each Signatory shall maintain the required insurance while a Signatory and three years after the Signatory withdraws from this Agreement.

    Note: Where such indemnity is provided to a body by its Government, then satisfactory evidence of its existence should be provided by a Government source.

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7. JURISDICTION

    This agreement shall be subject to the laws of Switzerland. All disputes arising between the parties out of or in connection with this agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

8. ADVERTISING AND PROMOTION

    This Agreement does not grant any Signatory any rights, authority or license to use or authorize the use of any other Signatory’s mark, name or abbreviation. No Signatory shall use or refer to

    any other Signatory or its marks in any advertising or promotion without the other Signatory’s prior written permission.

9. NO AGENCY

    No Signatory is the agent, partner or legal representative of any other Signatory for thepurposes of this Agreement. No Signatory has any right or authority to assume or create an obligation or responsibility, express or implied, on behalf of any other Signatory or to bind any other Signatory in any manner.

10. CONFIDENTIALITY

    Each Signatory, its employees, consultants, agents and subcontractors shall treat as proprietary and strictly confidential all information received from the other Signatories or any third party in connection with this Agreement regardless of the form of receipt (collectively, “Proprietary

    Information”). Proprietary Information shall not be disclosed to any third party or used for any purpose except as expressly permitted in this Agreement without the prior written permission of the other Signatory. Each Signatory shall immediately return to the other party or destroy all Proprietary Information, including all copies in its possession or the possession of any third party upon the earlier of the other Signatory’s request or termination of this Agreement. However,

    Signatory shall be permitted to retain such information required for its Certification Records. All changes modifications or improvements made by a Signatory in any Proprietary Information shall be deemed additional Proprietary Information subject to this Agreement.

    Proprietary Information shall not include information that is: (a) in the public domain other than due to a violation of this Agreement; (b) documented to be known to the receiving party before disclosure by the disclosing party under this Agreement and without violation of any confidentiality obligation owed to the disclosing party or any third party; (c) independently developed by the receiving party without reference to the Proprietary Information; or (d) required to be disclosed by law or regulatory authority, provided that the receiving party promptly notifies the disclosing party in writing upon receipt of the request and before such disclosure is made.

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    CB-FCS

    FULL CERTIFICATION SCHEME

    Annex 1

    CB-FCS MULTILATERAL AGREEMENT

    “SIGNATORIES TO THE AGREEMENT”

COUNTRY NCB - FCS ADDRESS NAME and SIGNATURE

    MEMBER

    CANADA CSA CSA International

    International 178 Rexdale Blvd.

    Etobicoke, Ontario M9W 1R3 FINLAND SGS FIMKO SGS FIMKO LTD

    PO Box 30

    00211 Helsinki

    FRANCE LCIE LCIE S.A.

    33, avenue du Général

    Leclerc

    92262 Fontenay-aux-Roses GERMANY VDE VDE Testing and Certification

    Institute

    Merianstrasse 28

    D - 63069 Offenbach / Main GERMANY TUV PS TÜV Product Service

    Ridlerstrasse 65

    80339 MUNICH

    ITALY IMQ IMQ S.p.A

    Via Quintiliano 43

    20138 Milano

    JAPAN JET JET

    Japanese Electrical Safety &

    Environment Technology

    Laboratories

    International Affairs Division

    5-14-12 Yoyogi, Shibuya-Ku

    Tokyo 151 8545

    JAPAN JQA Japan Quality Assurance

    Organization(JQA)

    Certification Dept.

    Safety & EMC Center

    1-21-25, Kinuta, Setagaya-ku

    Tokyo 157-8573

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COUNTRY NCB - FCS ADDRESS NAME and SIGNATURE

    MEMBER

    NETHER-KEMA KEMA Registered Quality B.V. LANDS P.O. Box 9035

    6800 ET Arnhem

    NORWAY NEMKO NEMKO AS

    Gaustadalléen 30

    P.O. Box 73 Blindern

    0314 Oslo

    SINGAPORE PSB PSB Corporation Pte Ltd

    1 Science Park Drive

    SINGAPORE 118221 SLOVENIA SIQ Slovenian Institute of Quality

    and Metrology (SIQ)

    Trzaska cesta 2

    Ljubljana 1000

    SWEDEN INTERTEK Intertek Semko

    SEMKO P.O. Box 1103

    16422 Kista

    SWITZERLAELECTRO-Electrosuisse ND SUISSE Luppmenstrasse 1

    8320 Fehraltorf

    UNITED ASTABEAB 1 Station View KINGDOM Guildford, Surrey GU1 4JY

    United Kingdom

    UNITED UL Underwriters Laboratories Inc. STATES OF 333 Pfingsten Road

    AMERICA Northbrook, IL 60062-2096

    USA

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    Annex 2

    (Informative)

    CB-FCS MULTILATERAL AGREEMENT

“CB-FCS MULTILATERAL AGREEMENT CRITERIA”

1 FOREWORD

    The CB-FCS MLA Criteria applies to every NCB(s) and their CBTL(s), present participants, stand-by candidates and future candidates.

2 GENERAL PRINCIPLES

    The CB-FCS MLA Group subjects candidates to unanimous acceptance by all CB-FCS MLA Signatories to become a CB-FCS MLA Signatory.

3 PRE-REQUISITES

    3.1 To be Member of the CB Scheme during the last 3 years prior to the application.

    3.2 To be an active Issuing and Recognizing NCB of the CB Scheme and have issued at least 10 Certificates for the product category applied for and at least 1 Certificate for each standard applied for and at least 1 Certificate for each specific Part-2 standard applied for.

    3.3 To operate a recognized certification scheme at the national level and issue a nationally recognized certification mark according to IECEE 02 Sub-clause 5.1.1.

    3.4 To operate a national certification program complying with ISO Type 5 System with all the Product Certification Functions and their "Elements of Conformity" implemented in practice, as follows:

    ; Initial assessment of compliance that includes the testing function, the

    certification function and the third-party certification mark function, and

    ; Ongoing assessment of compliance that includes the factory inspection function,

    the market surveillance function and the corrective action function.

    3.5 To be an active Issuing and Recognizing NCB of the CB Scheme (for the period of time as per 3.1 above) and have carried out at least 10 Initial Factory Inspections and Follow-Up 1Inspections for the product category applied for and at least 1 Initial Factory Inspection and 1 Follow-Up Inspection for each standard applied for and at least 1 Initial Factory Inspection and 1 Follow-Up Inspection for each specific Part-2 standard applied for.

    Note 1: The combination of Initial Factory Inspections and Follow-Up Inspections for the product category applied for shall be at lease 3 of each type, for example at least 3 Initial Factory Inspections and at least 7 Follow-Up Inspections, etc.

    3.6 To be prepared to accept Factory Audit/Inspection Reports, based on its own requirements and procedures, issued by the CB-FCS MLA Members.

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    3.7 To have testing experience showing that the CBTL(s) has (have) operated successfully within the CB Scheme and handled at least 10 testing cases for each product category/standard in the last two years.

    3.8 To fully declare National Differences for the product category(ies)/standard(s) for which acceptance is being sought.

    3.9 To fully declare the differences between its certification program and procedures and those of the CB-FCS as mentioned in the relevant clauses of IECEE 03:2004.

4 REQUIREMENTS

4.1 To abide by the current CB-FCS Rules and Procedures.

4.2 To settle a Membership Fee as decided by the CMC.

    4.3 To submit an application to the IECEE Secretariat using the applicable Operational Documents.

    4.4 To conform to the Peer Assessment and Re-Assessment Programs of the CB Scheme against ISO/IEC Guide 65, ISO/IEC 17025 as well as ISO/IEC 17020, ISO/IEC 17030 and ISO/IEC Guide 27 (or their most current replacements).

    4.5 To set adequate internal procedures to enable processing of recognition of CAR(s) + CAC(s) within 15 working days of receipt.

    4.6 To recognize components that have already been certified by the issuing CB-FCS MLA Signatory, provided that the latter body is accepted as an Issuing and Recognizing National Certification Body (and/or under the future IECEE Component Recognition Program when accepted by the CMC and implemented in practice) in the CB Scheme for the relevant components and that any national differences are covered by the tests. The issuing CB-FCS MLA Signatory shall provide the component test report and the component test report covering the national differences (if any).

    4.7 To recognize CACs + CARs without additional testing if national/regional differences are covered.

    4.8 To exercise full control of its associated CBTL(s) in line with the requirements as specified in the Rules of Procedure IECEE 02.

    4.9 If the CBTL is not integrated with the NCB, the latter shall appoint staff either employed within the NCB organization or by the relevant CBTL. The appointed staff, stationed at the non-integrated CBTL shall be directly accountable to the NCB (e.g. by means of a contract), shall be fully aware of the CB-FCS Rules and Procedures, shall monitor/supervise CB-FCS activities and provide a written report to the NCB on a regular basis (e.g. twice per year).

4.10 To provide evidence of adequate liability, indemnification and insurance coverage.

4.11 To accept TMP, WMT, SMT and RMT (RMT when approved by the CMC in Kyoto).

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