Module D
Conformity to type based on quality assurance of the production process
1. Conformity to type based on quality assurance of the production process is the part of a conformity assessment
procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on
his sole responsibility that the products concerned are in conformity with the type described in the EC-type
examination certificate and satisfy the requirements of the legislative instrument that apply to them.
2. Manufacturing
The manufacturer shall operate an approved quality system for production, final product inspection and testing of the
products concerned as specified in point 3, and shall be subject to surveillance as specified in point 4.
3. Quality system
3.1. The manufacturer shall lodge an application for assessment of his quality system with the notified body of his choice,
for the products concerned.
The application shall include:
— the name and address of the manufacturer and, if the application is lodged by the authorised representative, his
name and address as well,
— a written declaration that the same application has not been lodged with any other notified body,
— all relevant information for the product category envisaged,
— the documentation concerning the quality system,
— the technical documentation of the approved type and a copy of the EC-type examination certificate.
3.2. The quality system shall ensure that the products are in conformity with the type described in the EC-type
examination certificate and comply with the requirements of the legislative instrument that apply to them.
All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and
orderly manner in the form of written policies, procedures and instructions. The quality system documentation shall
permit a consistent interpretation of the quality programmes, plans, manuals and records.
It shall, in particular, contain an adequate description of:
— the quality objectives and the organisational structure, responsibilities and powers of the management with
regard to product quality,
— the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic
actions that will be used,
— the examinations and tests that will be carried out before, during and after manufacture, and the frequency with
which they will be carried out,
— the quality records, such as inspection reports and test data, calibration data, qualification reports on the
personnel concerned, etc., and
— the means of monitoring the achievement of the required product quality and the effective operation of the
quality system.
3.3. The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in
point 3.2.
It shall presume conformity with those requirements in respect of the elements of the quality system that comply with
the corresponding specifications of the national standard that implements the relevant harmonised standard and/or
technical specifications.
In addition to experience in quality management systems, the auditing team shall have at least one member with
experience of evaluation in the relevant product field and product technology concerned, and knowledge of the
applicable requirements of the legislative instrument. The audit shall include an assessment visit to the manufacturer's
premises. The auditing team shall review the technical documentation referred to in point 3.1, fifth indent, to verify
the manufacturer's ability to identify the relevant requirements of the legislative instrument and to carry out the
necessary examinations with a view to ensuring compliance of the product with those requirements.
The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the
reasoned assessment decision.
3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to
maintain it so that it remains adequate and efficient.
3.5. The manufacturer shall keep the notified body that has approved the quality system informed of any intended change
to the quality system.
The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue
to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.
It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and
the reasoned assessment decision.
4. Surveillance under the responsibility of the notified body
4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the
approved quality system.
4.2. The manufacturer shall, for assessment purposes, allow the notified body access to the manufacture, inspection,
testing and storage sites and shall provide it with all necessary information, in particular:
— the quality system documentation,
— the quality records, such as inspection reports and test data, calibration data, qualification reports on the
personnel concerned, etc.
4.3. The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality
system and shall provide the manufacturer with an audit report.
4.4. In addition, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body
may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is
functioning correctly. The notified body shall provide the manufacturer with a visit report and, if tests have been
carried out, with a test report.
5. Conformity marking and declaration of conformity
5.1. The manufacturer shall affix the required conformity marking set out in the legislative instrument, and, under the
responsibility of the notified body referred to in point 3.1, the latter's identification number to each individual product
that is in conformity with the type described in the EC-type examination certificate and satisfies the applicable
requirements of the legislative instrument.
5.2. The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal
of the national authorities for 10 years after the product has been placed on the market. The declaration of conformity
shall identify the product model for which it has been drawn up.
A copy of the declaration of conformity shall be made available to the relevant authorities upon request.
L 218/106 EN Official Journal of the European Union 13.8.2008
6. The manufacturer shall, for a period ending at least 10 years after the product has been placed on the market, keep at
the disposal of the national authorities:
— the documentation referred to in point 3.1,
— the change referred to in point 3.5, as approved,
— the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.
7. Each notified body shall inform its notifying authorities of quality system approvals issued or withdrawn, and shall,
periodically or upon request, make available to its notifying authorities the list of quality system approvals refused,
suspended or otherwise restricted.
Each notified body shall inform the other notified bodies of quality system approvals which it has refused, suspended,
withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued.
8. Authorised representative
The manufacturer's obligations set out in points 3.1, 3.5, 5 and 6 may be fulfilled by his authorised representative, on
his behalf and under his responsibility, provided that they are specified in the mandate.
