ExTAG/63/CD

August 2004

INTERNATIONAL ELECTROTECHNICAL COMMISSIONSCHEME FOR CERTIFICATION TO STANDARDS FOR EXPLOSIVE ATMOSPHERES

(IECEx Scheme)

Title: Draft ExTAG Decision Sheet - Distributor as a Certificate holder

Circulated to:Ex Testing and Assessment Group (ExTAG)

INTRODUCTION

This draft Decision Sheet has been prepared by Mr Karl Heinz-Schwedt of TÜV Nord.

This document is issued for consideration during the next ExTAG Meeting to be

held in Brdo October 2004.

Michel Brenon

ExTAG Secretary

Address:
IECEx Secretariat
286 Sussex Street
Sydney NSW 2000

Australia

/ Tel: +61 2 8206 6940
Fax: +61 2 8206 6272
Email:
Standard: ALL / Clause: / Sheet No.
Subject:
IECEx Certificates in the name of the Distributor
Status of document: draft (2004-06-01) / Key words:
-Distributor
- Certification /

Decision of meeting

Date:
Originator of proposal:

Mr Karl Heinz-Schwedt

TÜV Nord
Question:
A distributor imports the Ex equipment and would like to sell it under his own name and label
Is it permissible to issue the IECEx Certificate of Conformity showing the Distributor as the Applicant and hence Certificate Holder?
From the IECEx Rules of Procedure IECEx 02 questions arise because of the following definitions and requirements:
-- in the definitions 3.17 is the applicant mentioned, a firm or a person obtaining for the CoC
-- in 3.18 the manufacturer and his responsibilities are defined
-- according to 5.1 the manufacturer obtain for the CoC
-- according to 9.1 the applicant can be the manufacturer or someone acting on behalf of a manufacturer.
The definition of the applicant applies for the distributor but not the definition of the manufacturer.
Answer:
YES. On the following conditions:
  1. The manufacturer agrees that the Distributor can apply for the IECEx Certificate of Conformity and enters into a binding contract that states this and that in this contract the manufacturer and Distributor both agree to comply with the rules of the IECEx Scheme, including allowing access for the ExCB to conduct on-going surveillance audits
  1. The ExCB issuing the IECEx Certificate of Conformity, has confirmed thru audit (by them or another ExCB) that the contract between manufacturer and distributor forms part of the quality management system of both manufacturer and distributor and that the contract is signed by Top Management with the authority to do so
  1. The contract MUST include a requirement that either party seeking to terminate the contract must advise the ExCB responsible for the IECEx Certificate of Conformity of such a situation.
  1. Both the manufacturer and distributor are shown on the product labelling as IEC 60079-0 requires that the manufacturer is identified.