MDR Dp006e
MDR Dp006e
MDR Dp006e
Table of Contents
1 Introduction 3
2 Basic principles of operation 3
2.1 Policy of the Notified Body for Medical Devices 3
2.2 Rules for certification personnel 4
2.3 Confidentiality 5
3 Certification procedure in general 5
3.1 Basic conditions for product certification 5
3.2 Basic conditions for quality management system certification according to Article 16(4) of
the MDR 5
3.3 Activities 6
3.3.1 Certification procedure in the case of a conformity assessment procedure according to
Annex IX and Annex XI, Part A for quality management systems 6
3.3.2 Certification procedure in the case of a conformity assessment procedure according to
Annex X and Annex XI, Part B for active medical devices 7
3.3.3 Certification procedure under Article 16(4) of the MDR (for distributors and importers) 7
3.4 Details of certification procedure activities 8
3.4.1 Inquiry/Preliminary interview 8
3.4.2 Quotation 8
3.4.3 Application 8
3.4.4 Organisation of the certification procedure 9
3.4.5 Submission of technical documentation for a medical device (Annexes II and III),
assessment of technical documentation 9
3.4.6 Product testing/certification – EU type-examination (Annex X) 9
3.4.7 Conformity assessment of product technical documentation – EU type-examination
(Annex X) 10
3.4.8 EU product verification (Annex XI, Part B) 10
3.4.9 Certification audit (Annex IX and Annex XI, Part A) 10
3.4.10 Certification audit (Article 16(4), distributors/importers) 11
3.4.11 Specific additional procedures 12
3.4.12 Assessment of the adequacy of reports, documentation and, where relevant, samples –
final review 14
3.4.13 Decision on granting a certificate 14
3.4.14 Informing the Competent Authority 15
3.4.15 Surveillance and recertification audits 15
3.4.16 Unannounced audits 17
3.4.17 Information on changes and modifications 18
3.4.18 Procedure of review of vigilance information 19
3.4.19 Sample test of devices produced or from the market 19
3.5 Settlement of financial obligations 20
3.6 Monitoring of changes to standards and regulations 20
4 Misuse of an EU Certificate or CE Marking 20
5 Suspension, restriction or withdrawal of a certificate 20
6 Obligations of applicants and/or certificate Holders 21
6.1 Availability of information 21
7 Handling of complaints and appeals, and the responsibility of SIQ 22
7.1 Handling of complaints and appeals 22
7.2 Responsibility of SIQ 23
8 Final provisions 23
Summary of changes:
- The Notified Body Policy in Chapter 2.1 has been aligned with the Certification Policy in
document CR107.
- Added certification procedure according to Article 16(4) of the MDR and consequent
changed numbering of chapters.
- Updated links to EU websites, updated references to MDCG guidelines, harmonised
references to the MDR.
- Added timelines for completing procedures: submission of technical documentation in the
sampling procedure, closing the procedure in the case of non-implemented corrective
actions within the 18-month time limit.
- Supplemented instructions for the submission of technical documentation. Added
requirement on retaining the documentation.
- Supplemented explanation on testing according to Annex X.
- Alignment of titles of forms, reports and certification activities with those in other
documents.
- Supplemented explanation of the procedure for approving changes to this document.
1 Introduction
This document is intended for manufacturers of medical devices who want to obtain an EU
Certificate of Conformity according to Regulation (EU) 2017/745 on medical devices (hereinafter
'the MDR'), as well as for distributors and importers carrying out activities referred to in Article
16(2) a) and/or b) of the MDR and wishing to obtain a certificate for the quality management
system in accordance with Article 16(4) of the MDR. This information document explains the
conditions for certification and presents the entire procedure, from submitting the application for
certification to the issuance of an EU Certificate of Conformity. The document also contains
information on certificate maintenance and certificate suspension or withdrawal , as well as on
confidentiality and the handling of complaints.
SIQ performs medical device certification as a “third party”, i.e., an institution independent of
influences from manufacturers and suppliers, on the one hand, and customers and users, on the
other. SIQ’s independence is ensured by its status (SIQ is registered as a not-for-profit institute)
and by its appropriate corporate management and certification management. Certification
activities are supervised by the Board of Certification Body representing the interests of public,
commercial and industry associations, as well as the interests of customers using SIQ’s services.
The aim of the certification procedure is to examine and assess the compliance of a medical
device with the relevant requirements, and to issue an EU Certificate of Conformity in the case of
compliance. In the case of a certification procedure related to a quality management system with
distributors and importers, the aim is to issue a quality management system certificate according
to Article 16(4) of the MDR. The decision on the issuance of a certificate falls within the remit of
the Notified Body Commission.
SIQ’s fees for services are based on the SIQ Council's pricing principles.
The fees for services are formulated so as to enable SIQ to cover its operating costs and its
investments in the technical and professional development of its activities.
SIQ has established and maintains an administrative structure and organisation, as well as
processes and procedures, that ensure that no organisational unit engages in activities that could
undermine confidence in the integrity of the abilities, impartiality, decision-making and operation
of SIQ. SIQ also ensures its impartiality in providing its services by:
not carrying out any activities relating to medical device development, not being a
manufacturer, supplier, purchaser, installer, owner or maintainer of medical devices, and/or
not participating in such activities, not being an authorised representative of any of the
above and not representing any party engaged in these activities,
refraining from providing consultation services with regard to the establishment and/or
maintenance of the conformity of quality management systems and medical devices with
reference documents for any manufacturer, its authorised representative, supplier or
commercial competitor, and not being linked to any organisation that itself provides
consultancy services.
2.2 Rules for certification personnel
Certification personnel, auditors and experts of the Notified Body follow the relevant Slovenian,
European and/or international standards, the requirements of international schemes and
directives, regulations and rules, and the requirements of applicable legislation, as well as SIQ’s
rules, procedures and instructions regulating work in this area.
Certification personnel, auditors and experts are guided by the following principles and bind
themselves:
• to act in a confidential and impartial manner in relation to SIQ, as well as in relation to any
other organisation involved in assessment and certification activities performed
themselves or by the staff for whom they are responsible;
• to inform SIQ of any connection with the organisation in which they are about to perform
an assessment and certification, and/or of any other risks that could compromise their
independent judgement or integrity, before taking on any function related to the
assessment and certification of the organisation;
• to declare not to have performed any consultancy activities for the organisation, its
authorised representative or commercial competitor with regard to the design,
construction, marketing or maintenance of the devices or procedures that are to be
assessed, and not to have provided any other services that could jeopardise their
independence, impartiality or objectivity in the three consecutive years prior to the
assessment and certification;
• not to accept from the organisation in which they are about to perform an assessment and
certification any order for work in the field of quality management systems or related to
medical devices for a period of two years after the conclusion of the assessment and
certification;
• not to advertise their cooperation with SIQ while providing any consultancy services or to
give rise to expectations in organisations that they will be treated differently or favourably
during the audit due to their cooperation with SIQ;
• not to accept from any organisation in which they perform an assessment and certification,
or from its representatives, or from any other person who could benefit in any way, any
hints, presents, orders, discount, or any other advantage, nor to allow any of the personnel
for whom they are responsible to do so;
• not to disclose, partially or entirely, any findings of the audit team in which they have
participated or for which they are responsible, or any information acquired in the course
of an assessment and certification procedure to a third party, unless they are authorised
to do so in writing by the auditee and by SIQ;
• not to adversely affect the reputation or interests of SIQ or of the auditee;
• to cooperate in any investigation in the case of an infringement of the above principles;
• to act in conformance with the Code of Ethics of SIQ.
2.3 Confidentiality
SIQ binds itself to regard all information and data on the applicant as confidential and to use such
information and data exclusively for the performance of the procedure.
Information on the certification procedure and related activities is regarded as a business secret
of the applicant and SIQ, with the exception of information on the awarding or temporary
suspension, restriction or withdrawal of a certificate, information included in a report to the Board
of the Certification Body in cases of any doubts related to the certification, and information made
available to accreditation/notification bodies during audits.
The applicant recognises that SIQ has exclusive rights in relation to all documents that SIQ
submits to the applicant and binds itself not to copy or multiply such documents in any way, or
make them available to any other third party.
3.2 Basic conditions for quality management system certification according to Article
16(4) of the MDR
• The applicant for certification may only be a natural or legal person officially registered in
accordance with the applicable rules and regulations.
• SIQ for the devices which are in the scope of its designation for the MDR carries out the
certification procedure under Article 16(4) of the MDR for distributors and importers of medical
devices which do not assume the obligations incumbent on medical device manufacturers as
referred to in Article 16(1) of the MDR. This means that such distributors/importers do not:
(a) make the device available on the market under its name, registered trade name or
registered trade mark, except in cases where the distributor or importer enters into an
agreement with the manufacturer under which the manufacturer is listed as such on the
label and is responsible for meeting the requirements placed on manufacturers in this
Regulation;
(b) change the intended purpose of the device already on the market or put into service;
(c) modify a device already placed on the market or put into service in such a way that
compliance with the applicable requirements may be affected.
The applicants for a certification procedure under Article 16(4) of the MDR are
distributors/importers that carry out the activities referred to in Article 16(2) of the MDR:
a) provide and translate the information supplied by the manufacturer, in accordance with
Section 23 of Annex I, relating to a device already placed on the market and of further
information which is necessary in order to market the device;
b) make changes to the outer packaging of a device already placed on the market,
including a change of pack size, and this is carried out in such conditions that the original
condition of the device cannot be affected by it.
The MDR gives the following definitions:
- ‘importer’ means any natural or legal person established within the Union that places a
device from a third country on the Union market.
- ‘distributor’ means any natural or legal person in the supply chain, other than the
manufacturer or the importer, that makes a device available on the market, up until the
point of putting into service. The activities of distributors should be deemed to include
acquisition, holding and supplying of devices.
The distributor’s/importer's quality management system shall be established in such a way as
to enable the meeting of requirements and the demonstration of conformity with the
requirements of Article 16(3) of the MDR.
The medical device or group of medical devices for which the applicant is a distributor/importer
carrying out the activities referred to in Article 16(2) a) and/or b) shall be clearly and
unambiguously identified.
Agreement shall be reached with the applicant on the conformity assessment procedure and
the standards, regulations or specifications underlying the review and conformity assessment.
The application and all documentation of the applicant related to the certification procedure is,
as a rule, in Slovenian, English, and/or Croatian.
3.3 Activities
3.3.1 Certification procedure in the case of a conformity assessment
procedure according to Annex IX and Annex XI, Part A for quality
management systems
a) Inquiry and/or preliminary interview with the applicant
b) Quotation
c) Application
Certification procedures may vary depending on the class of the medical device. However, some
activities, in particular in the marketing and sales phases, are common to all procedures.
3.3.3 Certification procedure under Article 16(4) of the MDR (for distributors
and importers)
a) Inquiry and/or preliminary interview with the applicant
b) Quotation
c) Application
d) Organisation of the certification procedure
e) Certification audit (Part 1)
f) Where necessary, carrying out required actions and reporting by the applicant
– The certification procedure shall also take into account the MDCG 2021-23 and MDCG 2021-
26 guidance.
withdraws the Application, the electronic system referred to in Article 57 of the MDR shall be
formally notified. Before the Application has been signed, no pre-certification activities may be
performed according to the MDR (preliminary assessment), such as assessment of the status,
pre-audit, gap analysis of the technical documentation, clinical evaluation or quality management
system. Any such activity carried out following the receipt of the Application already constitutes
part of the certification procedure.
The assessment of the establishment of the quality management system depends on the
audited quality management system. As a rule, the performance of the management review and
internal audit shall be checked, along with their adequacy, as well as the understanding,
establishment and implementation of the quality management system.
Preparation for the next step of the assessment includes identification of the sites and
processes to be subject to the certification audit – Part 2, and agreement on the audit plan and
schedule.
Upon completion of the audit, the auditors verbally inform the applicant’s representatives of the
audit findings that will be included in the written report, including identification of any areas or
activities of concern that could be classified as nonconformity during the next step of the
certification procedure.
Report on the actions required
Before continuing the certification procedure, the applicant shall implement actions to address the
areas of concern described in the report on the certification audit – Part 1. The applicant shall
draw up a written report on the implemented actions and send it to SIQ within six months. The
lead auditor shall assess the appropriateness of the actions and determine the date on which it is
reasonable to continue the certification procedure. This date shall be no more than six months
from the last day of the certification audit – Part 1. If this deadline is exceeded, the certification
audit – Part 1 shall be repeated.
3.4.10.2 Certification audit – Part 2
SIQ conducts the certification audit – Part 2 on-site at the distributor's/importer's premises or,
where necessary, at its subcontractor's premises.
During the certification audit – Part 2, it shall be assessed whether procedures are documented,
established and implemented in line with the requirements of Article 16(3) of the MDR (see also
3.4.10). The audit shall be carried out according to the audit plan drawn up by the lead auditor
together with the applicant's representative at the time of the certification audit – Part 1.
After the audit has been conducted, the auditors shall inform the applicant's representatives
verbally of the findings of the audit that will be included in the written report.
If non-conformities are not identified during the audit, the audit report, together with the other
documentation and information required, shall be submitted to the certification personnel for
review. If non- conformities with the requirements of Article 16(3) of the MDR are found during
the assessment, the conclusion of the audit report shall specify the requirements on actions to be
taken by the applicant prior to the final review. The deadline for implementing these actions is no
more than six months. The implemented actions are checked during a post-audit. A post-audit
report is drawn up and submitted to the certification personnel for review along with other
necessary documentation and information.
interaction with other devices, medicinal products or other substances, and the potential for
adverse reactions.
In agreement with the applicant, SIQ selects the competent authority or EMA through which it will
conduct the consultation procedure – obtain a scientific opinion. SIQ sends the technical
documentation audit report with appropriate actions taken by the manufacturer and the
manufacturer’s documentation. The competent authority or EMA provides its opinion to the
notified body within 150 days of the receipt of all of the necessary documentation. In accordance
with their opinion, SIQ may require the manufacturer to take appropriate corrective actions. After
adequate actions have been implemented, SIQ continues with the certification procedure in
accordance with the certification programme.
3.4.12 Assessment of the adequacy of reports, documentation and, where
relevant, samples – final review
Certification personnel review the following documentation:
- Audit reports, where non-conformities have already been resolved (Annex IX and Annex
XI, Part A of the MDR, and Article 16(4) of the MDR)
- Test reports/Certificates of Conformity and Conformity reports concerning documentation
(Annex X) and reports on EU type-examination;
- Inspection reports on product verification (Annex XI, Part B);
- Other documentation (e.g., Quality Manual, technical documentation for products).
If these documents are found to be compliant, a proposal for issuing a certificate is submitted to
the Notified Body Commission.
3.4.13 Decision on granting a certificate
3.4.13.1 EU certificate
If the Notified Body Commission concludes that all of the requirements have been met, it adopts
a decision on the awarding of an EU Certificate. Based on the Notified Bodies Commission’s
decision, SIQ issues a certificate and adds the certificate holder to the List of EU Certificate
holders published on SIQ’s website (www.siq.si). The EU certificate and the Detailed list on
product names, models and types that forms part of the EU certificate is issued in English. At the
customer’s specific/express request, a Detailed list of product names, model and types can also
be issued in the Slovenian language.
Types of EU certificates:
- EU Certificate – Quality Management System
- EU Certificate – Production Quality Assurance
- EU Certificate – Product verification
- EU Certificate – Technical documentation assessment for devices class II and implantable
devices, classified as class IIb, except for sutures, medical staples, dental fillings, dental
braces, tooth crowns, screws, wedges, plates, wires, pins, clips and connectors.
- EU Certificate – Type-Examination if the type is compliant with the MDR
Once the EU Certificate is issued, the EU Certificate holder affixes the CE marking to the product
along with the number of the Notified Body (SIQ’s number is 1304).
3.4.13.2 Quality management system certificate under Article 16(4) of the MDR
If the Notified Body Commission finds that all of the requirements have been met, it shall adopt a
Decision on granting a certificate for the quality management system under Article 16(4) of the
MDR. On the basis of the Commission's Decision, SIQ shall issue a quality management system
certificate under Article 16(4) of the MDR and put the certificate holder on the List of Holders of
Valid Certificates, which is published on SIQ’s website (www.siq.si). The certificate is issued in
the English language.
3.4.14 Informing the Competent Authority
SIQ enters the results of the conformity assessment and the consequent decision into the
electronic system referred to in Article 57 of the MDR and notifies thereof the Competent
Authority, i.e., the Agency for Medicinal Products and Medical Devices of the Republic of Slovenia
(JAZMP), the European Commission and other relevant authorities. The following decisions are
entered in the electronic system:
- information on all issued EU certificates, including changes or additions to the certificates,
and information on the re-issuance of suspended certificates,
- information on rejected, suspended, restricted or withdrawn EU certificates,
- information to other notified bodies on a manufacturer that has withdrawn an Application
for certification before being granted an EU certificate by SIQ, or on SIQ’s rejection of an
Application for certification,
- in the case that it was necessary to carry out a consultation procedure for implantable
medical devices class III or active medical devices class IIb intended to administer and/or
remove a medicinal product (Article 55(1)) regarding the granted certificate.
In addition, SIQ reports to the JAZMP in the following cases:
- when it determines that the CE marking has been affixed to a product incorrectly, i.e., the CE
marking has been affixed to a product that either does not comply with the legal requirements
(MDR) or is not covered by these legal requirements.
SIQ also carries out other activities of informing and complementing the European electronic
database:
- uploading the summary of safety and clinical performance for implantable medical devices
class III,
- uploading the assessment (audit reports with details of any actions taken) of a safety report
for implantable medical devices or medical devices class III (in accordance with its
competences),
- notifying – for implantable medical devices Class III and active medical devices IIb intended
to administer and/or remove a medicinal product (Article 54(3)) – whether or not it is necessary
to carry out a consultation procedure; a report on clinical evaluation assessment should be
added to the notice,
- in handling procedures for devices that present an unacceptable risk for health or safety, the
competent body for market surveillance informs SIQ of the action taken; SIQ initiates the
procedure of vigilance data review.
3.4.15 Surveillance and recertification audits
3.4.15.1 Annex IX and Annex XI, Part A
With surveillance audits, SIQ verifies whether the EU certificate holder meets the requirements of
the MDR. Such audits are carried out once a year, with the first audit taking place twelve months
after the certification audit and the subsequent audits occurring at the same time interval.
According to the sampling plan, the technical documentation assessment(s) shall also be planned
and carried out in the same timeframe, but planned and documented separately (a separate audit
report is issued). Three months before the planned assessment, the manufacturer is called upon
to submit the technical documentation. The organisation shall submit the technical documentation
within 30 days of the receipt of the request for the submission of the technical documentation from
SIQ.
After the quality management system audit, the auditors inform the representatives of the
certificate holder verbally about the audit findings that will be included in the written report. In the
conclusion of the report, the auditors may state the requirements to be met by the certificate
holder.
If non-conformities (either minor or major) have been identified during the surveillance audit, the
certificate holder shall resolve them and submit a written report thereof, along with the relevant
evidence, to SIQ within one month (for major non-conformities) or three months (for minor non-
conformities) at the latest. After the submission of the evidence by the certificate holder within the
specified period, an additional audit is performed. SIQ performs a post-audit of the quality
management system audit findings within eight weeks of the receipt of the evidence.
Every fifth year after the certification audit, a recertification audit is performed to provide a
comprehensive evaluation of the five-year performance of the quality management system and
its effectiveness, a plan for technical documentation sampling is drawn up for the new certification
cycle, the technical documentation is reassessed in line with the sampling plan, and the adequacy
of the scope of the audits conducted in the five-year period is evaluated. The technical
documentation shall be assessed nine months before the planned date of the recertification audit,
which shall be planned and documented separately in order to enable the documentation to be
assessed in a timely manner prior to the recertification audit. The organisation shall submit the
technical documentation within 30 days of the receipt of the request for the submission of the
technical documentation from SIQ. Prior to the recertification audit, SIQ shall check the audit
scope and, where appropriate (in the case of major changes in the organisation), define a new
scope of audit activities and a new fee. The audit scope of the technical documentation is
assessed taking into account the changes to the product and the sampling plan of the technical
documentation. When performing the recertification procedure, the same prescribed forms are
used when it is reasonable to do so, and no re-application for certification is required.
If no non-conformities are found during the recertification audit, a new issuance of the EU
certificate is granted to the certificate holder. If non-conformities are found during the
recertification audit, the certificate holder shall first meet the requirements stipulated in the
conclusion of the audit report before a new issuance of the certificate can be granted. Compliance
with these requirements is assessed during the post-audit, after which a post-audit report is
issued.
After each audit, the certificate holder shall submit to SIQ a written report on resolving any other
issues identified in the audit report within the time limit as defined in the conclusion of the audit
report.
3.4.15.2 Article 16(4) of the MDR
Surveillance audits verify that the certificate holder meets the requirements of Article 16(3) of the
MDR. Surveillance audits shall be carried out once a year, with the first audit taking place twelve
months after the certification audit - Part 2, and subsequent audits occurring at the same time
interval. Surveillance audits may be conducted with documentation assessment only, on the basis
of a risk assessment and experience with the organisation.
After the audit, the auditors inform the representatives of the certificate holder verbally about the
audit findings that will be included in the written report. In the conclusion of the report, the auditors
may state the requirements to be met by the certificate holder.
If non-conformities (either major or minor) are identified during the surveillance audit, the
certificate holder shall resolve them and submit a written report thereof, along with the relevant
evidence, to SIQ within one month (for major non-conformities) or three months (for minor non-
conformities) at the latest. After the submission of the evidence by the certificate holder within the
specified period, an additional audit is performed. SIQ performs a post-audit within eight weeks
of the receipt of the evidence.
Every fifth year after the certification audit, a recertification audit is performed to provide a
comprehensive evaluation of the five-year performance of the quality management system and
its effectiveness, and the adequacy of the scope of the audits conducted within that period is
evaluated. Prior to the recertification audit, SIQ shall check the audit scope and, where
appropriate (in the case of major changes in the organisation), define a new scope of audit
activities and, as a result, a new fee. When performing the recertification procedure, the same
prescribed forms are used when it is reasonable to do so, and no re-application for certification is
required.
If no non-conformities are found during the recertification audit, a new issuance of a certificate for
the quality management system under Article 16(4) of the MDR shall be granted to the certificate
holder. If non-conformities are found during the recertification audit, the certificate holder shall
meet the requirements given in the conclusion of the audit report before a new issuance of the
certificate can be granted. Compliance with these requirements is assessed during a post-audit,
after which a post-audit report is issued.
After each audit, the certificate holder shall submit to SIQ a written report on resolving other issues
identified in the audit report within the time limit as defined in the conclusion of the audit report.
3.4.16 Unannounced audits
SIQ performs unannounced audits to verify that the certificate holder is maintaining and updating
the quality management system even when the audit is not announced in advance. Unannounced
audits shall be carried out at any time at least once every five years, except for MD class III, where
an unannounced audit shall be carried out at least once every two years.
Unannounced audits are carried out more often than noted above in the case of:
- medical devices of higher risk classes,
- medical devices that are often inconsistent,
- suspicion that the manufacturer or its medical device no longer meets the requirements of the
MDR.
An unannounced audit can be conducted on-site at the certificate holder’s premises, or at the
premises of its subcontractor or critical supplier. The auditor’s identification is confirmed with a
letter – a notice of the Notified Body regarding the unannounced audit – which the auditor shall
bring to the audit. During the unannounced audit, a sample of the product from production or
already manufactured devices is also taken and a test is carried out at the manufacturer’s site.
The sampling criteria and test procedure shall be determined by competent personnel in
cooperation with the lead auditor prior to the unannounced audit.
SIQ issues an audit report following the unannounced audit. In the case of identified non-
conformities, deadlines for their resolution are set. The adequacy of the implemented corrective
actions are verified with a post-audit conducted by the lead auditor. An appropriate written report
is issued. All expenses arising from the activities following a detected non-conformity shall be
covered by the certificate holder according to SIQ’s current Schedule of fees.
- the date after which SIQ no longer performs the conformity assessment tasks for the
manufacturer.
The agreement is binding to the organisation. The Notified Body Commission withdraws the
certificate with the validity date of the certificate specified in the agreement.
between the sample taken and the specifications in the technical documentation or the
approved design;
- failure to fulfil financial obligations toward SIQ;
- a written request by a certificate holder;
- failure to conduct a recertification audit before the expiry date of the certificate, or failure
to conduct a surveillance audit within 15 months of the date of the last conducted audit
(Annex IX and Annex XI, Part A, and Article 16(4));
- in the case that the producer does not allow the audit team to conduct an unannounced
audit.
The withdrawal procedure of the certificate is triggered when the organisation fails to send a
written report with appropriate evidence of the elimination of the non-conformities given in an audit
report within one month (in case of a major non-conformity) or three months (in case of a minor
non-conformity), or if any other violations and irregularities stated in the previous paragraphs are
detected.
In the case that the organisation fails to comply with the requirements stated in the conclusion of
an audit report within one month (for a major non-conformity) or three months (for a minor non-
conformity), or in the case of the misuse (misleading use) of the CE marking, or incorrect
(misleading) references to the certificate, the Notified Body Commission may initiate the
procedure for temporary suspension or restriction of the certificate. When there is no high risk to
public health, the product manager shall, prior to submitting a proposal for the temporary
suspension of the certificate, inform the certificate holder thereof and invite it to provide an
explanation/defence within eight working days. Since such an act on the part of the organisation
gives rise to suspicion of non-compliance with the quality management system requirements, the
product manager may decide to initiate the procedure to carry out an unannounced audit.
The duration of such a suspension shall be no more than nine months, and the suspension is
terminated when a post-audit has been successfully conducted. The post-audit shall be
conducted prior to the expiry of the suspension or restriction. After the termination of the
suspension, audits are conducted according to the audit programme, as established prior to the
suspension of the certificate. If the post-audit is not conducted during the period of suspension,
the withdrawal of the certificate is permanent.
In the case of suspension, restriction, withdrawal or expiry of documents issued by the Notified
Body, the holder of an EU certificate shall no longer place on the market products labelled with
the CE marking, and shall remove the CE marking from the product and other places/documents
in which it has been used.
In the case of suspension, restriction, withdrawal or expiry of documents issued by the Notified
Body, the holder of a certificate under Article 16(4) shall no longer place the products falling within
the scope of the certificate on the market.
The certificate holder has the right to file an appeal against the decision of the Notified Body
Commission with the Board of Appeal of the Board of Certification Body.
more details in this regard. Prior to surveillance or a recertification audit, the certificate holder
shall inform SIQ of any changes in the quality management system and relevant documentation.
Based on the changes, SIQ shall determine a new scope of activities and a new fee.
The applicant/certificate holder shall inform SIQ on the termination of the contract and the
conclusion of a contract with another notified body and shall sign an agreement with SIQ on the
change of the notified body, which shall include agreement on the date on which the certificate
issued by the notified body becomes invalid, the date until which SIQ’s identification number is
used, including the last lot, and the date after which SIQ shall no longer perform the conformity
assessment tasks, as well as maintenance of confidentiality and ownership rights in the case of
any transfer of documents belonging to SIQ and the manufacturer to the new notified body.
Prior to the audit (Annex IX, Part A of Annex XI, and Article 16(4)), the applicant/certificate holder
shall inform the auditors of any issue that may be relevant to the audit. The applicant/certificate
holder shall facilitate the audit by ensuring that the responsible personnel are available to the
auditors during the audit and by providing such personnel with the necessary information. The
applicant/certificate holder shall prepare the required documentation and any other evidence in
order to ensure unimpeded auditing.
The applicant/certificate holder shall provide the quality management system documentation
required for the performance of the certification process activities upon the request of SIQ.
The applicant/certificate holder shall keep records of complaints, visits by the authorities and
feedback from the post-production phase, as well as records of corrective actions taken. The
auditors shall have access to these records when conducting the audit. The applicant/certificate
holder shall also keep previous versions of the quality management system documentation and
technical documentation, as well as responses to audit findings previously submitted to SIQ to
prove that findings have been taken into consideration and non-conformities have been resolved.
The applicant/certificate holder shall enable the auditors to conduct the audit in organisations
providing any outsourced process that affects the product’s compliance with the relevant
requirements and/or the effectiveness of the audited quality management system.
If a complaint or an appeal is well founded, the MSA Director shall ensure that the causes of the
complaint/appeal are eliminated.
7.2 Responsibility of SIQ
SIQ shall not assume a certificate holder’s liability for the product/service or property damage.
SIQ is not liable and does not assume liability for damages due to activities and actions not carried
out by the certificate holder and leading to the suspension, restriction or withdrawal of the
certificate.
SIQ holds a professional liability insurance policy, covering any damage that may occur as the
consequence of faults, omissions or breaches while performing the registered activity either by
its employees or its subcontractors. The insurance amount is 1,400,000 EUR.