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smartguy12  
#1 Posted : 21 March 2017 09:37:58(UTC)
Rank: New forum user
smartguy12

Hello,

I recieved a message from one of the clients of the company i work for requesting that each E.C. Decleration of Conformity we create for each good we produce and supply to them should be altered.

The client proposes that i omit my company logo and company details for the E.C. Decleration of Conformity we produce and in place include thier own logo on the cert we produce. They claim we would be identified by a number called a " Alliance Partner Number" and our client would issue us with a unique number.

This seems a very unusual request as i can find no information on Alliance Partner Numbers and the HSE  Executive website advice on Decleration of Confirmity  states "Where appropriate, the name, address and identification number of the notified body which carried out conformity assessment" 

Any advice would be much appreciated. 

Ian Bell2  
#2 Posted : 21 March 2017 10:17:44(UTC)
Rank: Super forum user
Ian Bell2

Under which EU Directive are you suppling goods 'placing on the market'? Machinery Directive, ATEX Directive, PED Directive or another one?

So basically your client is trying to claim compliance with a Directive by putting their logo on the Doc? At best it sounds like poor practice at worst forgery/false declaration.

Probably buried deep in the EU Directive this practice is possibly not allowed. I'll read up if you indicate which directive is relevant.
Roundtuit  
#3 Posted : 21 March 2017 10:18:49(UTC)
Rank: Super forum user
Roundtuit

You wont find detailed guidance for CE marking on the HSE web site you need the European Commission

http://ec.europa.eu/growth/single-market/ce-marking

There are different rules depending upon product type - electrical, construction, PPE etc. however they all have the same basic line that the market supplier is responsible for drawing up their declaration of conformity to directive / harmonised standard or performance against the requirements of a harmonised standard under a regulation or directive

Unless what you are making is a private label i.e. you manufacture but it leaves bearing their product name / label and contact details the client is trying to back heel their duties and by-pass contractual obligations regarding data ownership and reproduction rights.

The main consideration is who signs the document - it should be someone of suitable authority within the actual supplier to market. It would be incorrect to have one of your directors / managers signing a document issued in the name of another company.

The notified body conducting conformity assessment will have been engaged by you as manufacturer - their report will be unique to your market offering i.e. identification of the product (type) so is not directly transferable. If the conformity is according to a European Technical Assessment then an extension would be required for the product as traded in the clients name.

Never heard of Alliance Partner Numbers in respect of CE marking - sounds like the invention of a non-EU headquartered organisation

Edited by user 21 March 2017 10:35:22(UTC)  | Reason: FFS again

Roundtuit  
#4 Posted : 21 March 2017 10:18:49(UTC)
Rank: Super forum user
Roundtuit

You wont find detailed guidance for CE marking on the HSE web site you need the European Commission

http://ec.europa.eu/growth/single-market/ce-marking

There are different rules depending upon product type - electrical, construction, PPE etc. however they all have the same basic line that the market supplier is responsible for drawing up their declaration of conformity to directive / harmonised standard or performance against the requirements of a harmonised standard under a regulation or directive

Unless what you are making is a private label i.e. you manufacture but it leaves bearing their product name / label and contact details the client is trying to back heel their duties and by-pass contractual obligations regarding data ownership and reproduction rights.

The main consideration is who signs the document - it should be someone of suitable authority within the actual supplier to market. It would be incorrect to have one of your directors / managers signing a document issued in the name of another company.

The notified body conducting conformity assessment will have been engaged by you as manufacturer - their report will be unique to your market offering i.e. identification of the product (type) so is not directly transferable. If the conformity is according to a European Technical Assessment then an extension would be required for the product as traded in the clients name.

Never heard of Alliance Partner Numbers in respect of CE marking - sounds like the invention of a non-EU headquartered organisation

Edited by user 21 March 2017 10:35:22(UTC)  | Reason: FFS again

smartguy12  
#5 Posted : 21 March 2017 10:34:21(UTC)
Rank: New forum user
smartguy12

Thank you very much for your replies. Roundtuit and Ian Bell 2. 

 Ian the directive is the Machinery Directive 2006/42/EC. The company i work for manufacture wire rope slings to a variety of standards.If you could look into it, i would very much appreciate it.

Roundtuit  
#6 Posted : 21 March 2017 10:49:33(UTC)
Rank: Super forum user
Roundtuit

From the second edition guidance of the Machinery Directive Annex II:

The EC declaration of conformity must contain the following particulars:
1. business name and full address of the manufacturer and, where appropriate, hisauthorised representative;
2. name and address of the person authorised to compile the technical file, who mustbe established in the Community;
3. description and identification of the machinery, including generic denomination,function, model, type, serial number and commercial name;
4. a sentence expressly declaring that the machinery fulfils all the relevant provisionsof this Directive and where appropriate, a similar sentence declaring theconformity with other Directives and/or relevant provisions with which themachinery complies. These references must be those of the texts published in the
Official Journal of the European Union;
5. where appropriate, the name, address and identification number of the notifiedbody which carried out the EC type-examination referred to in Annex IX and thenumber of the EC type-examination certificate;
6. where appropriate, the name, address and identification number of the notifiedbody which approved the full quality assurance system referred to in Annex X;
7. where appropriate, a reference to the harmonised standards used, as referred to inArticle 7(2);
8. where appropriate, the reference to other technical standards and specificationsused;
9. the place and date of the declaration;
10. the identity and signature of the person empowered to draw up the declaration onbehalf of the manufacturer or his authorised representative.

Item 10 refers to my comment of "who signs" whilst items 1 & 2 specifically preclude your clients request

Edited by user 21 March 2017 22:00:05(UTC)  | Reason: FFS

Roundtuit  
#7 Posted : 21 March 2017 10:49:33(UTC)
Rank: Super forum user
Roundtuit

From the second edition guidance of the Machinery Directive Annex II:

The EC declaration of conformity must contain the following particulars:
1. business name and full address of the manufacturer and, where appropriate, hisauthorised representative;
2. name and address of the person authorised to compile the technical file, who mustbe established in the Community;
3. description and identification of the machinery, including generic denomination,function, model, type, serial number and commercial name;
4. a sentence expressly declaring that the machinery fulfils all the relevant provisionsof this Directive and where appropriate, a similar sentence declaring theconformity with other Directives and/or relevant provisions with which themachinery complies. These references must be those of the texts published in the
Official Journal of the European Union;
5. where appropriate, the name, address and identification number of the notifiedbody which carried out the EC type-examination referred to in Annex IX and thenumber of the EC type-examination certificate;
6. where appropriate, the name, address and identification number of the notifiedbody which approved the full quality assurance system referred to in Annex X;
7. where appropriate, a reference to the harmonised standards used, as referred to inArticle 7(2);
8. where appropriate, the reference to other technical standards and specificationsused;
9. the place and date of the declaration;
10. the identity and signature of the person empowered to draw up the declaration onbehalf of the manufacturer or his authorised representative.

Item 10 refers to my comment of "who signs" whilst items 1 & 2 specifically preclude your clients request

Edited by user 21 March 2017 22:00:05(UTC)  | Reason: FFS

Ian Bell2  
#8 Posted : 21 March 2017 11:36:44(UTC)
Rank: Super forum user
Ian Bell2

If you read section 79 Who is the manufacturer ( page 59) of the above linked document, it seems it is permitted - provided whoever takes legal responsibility for the CE marking had suffice control over the work of his suppliers to fulfill the obligations of Article 5 of the MD.
Roundtuit  
#9 Posted : 21 March 2017 12:20:03(UTC)
Rank: Super forum user
Roundtuit

In a previous employment we supplied a product to market manufactured by others under our own brand trading name.

BUT we had an agreement with the manufacturer about reproducing their data to market and access to the supporting test reports that formed the product technical file.

The declaration to market was prepared by ourselves identifying our product, our supplier details and it was signed by our MD.

Roundtuit  
#10 Posted : 21 March 2017 12:20:03(UTC)
Rank: Super forum user
Roundtuit

In a previous employment we supplied a product to market manufactured by others under our own brand trading name.

BUT we had an agreement with the manufacturer about reproducing their data to market and access to the supporting test reports that formed the product technical file.

The declaration to market was prepared by ourselves identifying our product, our supplier details and it was signed by our MD.

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