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|TUV-ICB Certification Regulations|
TUV-ICB Hellas S.A.
1. These regulations relate to certification by The Ultimate Value - International Certification Body Hellas S.A.
2. For the purpose of these regulations:
"TUV-ICB" Means The ultimate Value - International Certification Body.
" TUV-ICB Logo" Means the logo approved by TUV-ICB.
"Appeal Committee" Means a committee of the TUV-ICB Independent Certification Board established for the purpose of hearing appeals.
The panel appointed in respect of each appeal will consist of a Chairman and at least two members of the Independent Certification Board, none of whom shall have any direct interest in the subject of the appeal.
"Applicant" Means an individual, body corporate or body incorporate which has applied but has not yet been granted a certificate for the scope of the application.
"Board" Means the Board of Directors established as the governing body of TUV-ICB.
"ISO 9000 Series" Means the standard for quality systems.
"HACCP" Means the standard for a Hazard Analysis and Critical Control Points system.
"Certificate" Means a certificate recognizing that the management system operated by the organization having been assessed by TUV-ICB in accordance with these regulations and compliance with relevant standard (s)
"Certification Manager" Means the person who is appointed for the time being by the Board of Directors, to be in charge of the Certification Process.
"Registered Organization" Means an individual, body corporate or body incorporate which has been granted a certificate by TUV-ICB.
"Management System" Means the organization, structure, responsibilities, activities, resources and events appertaining to an organization that together provide organized procedures, processes and methods of implementation to ensure the capability of that organization to meet the system's requirements established in accordance with ISO 9001, ISO 22000 (and other related standards).
"Documented Management System" Means a set of documents/descriptions serving to implement the system of an organization which sets out the specific practices, resources and activities of that organization relevant to achieving compliance with a particular standard specification or otherwise specified requirement, plus, if appropriate, practices and activities relevant to specific Codes of Practice.
3. The Certification Committee is the sole authority by which certificates may be granted, and acts through the Certification Manager who, for the purpose of making audits under these regulations, may from time to time delegate his/her functions as he/she may appoint or remove as he/she may deem necessary, subject to such conditions as the Board of Directors may from time to time impose.
4. Initial Certificates are valid from the date of issue for a period of 36 months. If an organisation does not intend to renew its certificate it must notify the Certification Manager in writing of its intention not to do so, at least two months before the certificate expiry date. An organization's right to use the certificate is not transferable without the express permission of the Certification Manager in writing.
5. A certified organisation shall:
(i) comply with these regulations at all times
(ii) Use the TUV-ICB logo in accordance with the conditions defined in the publication "Examples of use of the TUV-ICB logo" (or claim by implication that the organization is entitled to use it, or claim TUV-ICB registration) only in respect of the service(s) or product(s) which is/are the subject of the certificate, and then only from the address stated on the certificate (and annexe if appropriate).
(iii) Maintain and document a system (where applicable) in accordance with the appropriate standard, and make available copies of all or part of the documented system should the Certification Manager require it to be lodged with TUV-ICB for reference purposes.
(iv) The system, if intended to be significantly amended by the applicant/registered organization, must be informed the TUV-ICB, without delay, of matters that may affect the capability of the management system to continue to fulfill the requirements of the standard used for certification. The notification must be in writing, when amendments to the system are significant (e.g. major changes to the management system and processes, scope of operations under the certified management system, contact address and sites, the legal, commercial, organizational status or ownership, key managerial, decision-making or technical staff etc). Where amendments are of a minor nature, they will be notified to TUV-ICB's representative at the next scheduled audit /surveillance visit.
(v) Discontinue any use of the TUV-ICB logo, which is unacceptable to the certification Committee, and any form of statement or reference to the authority of the organization to be certified which in the opinion of the certification Committee might be misleading.
(vi) Give representatives of TUV-ICB and its Accreditation Body access during normal working hours, to the premises or sites in which work subject to the certificate is being carried out, for the purpose of examining materials, procedures, processes, methods of test, records and systems.
(vii) Upon the termination of the certificate (however determined) forthwith discontinue the use if the TUV-ICB logo and all advertising matter which contain the TUV-ICB logo or any reference thereto. In addition, any other material or documents in the possession of the organisation which bear reference to the certificate will, if the certification Committee requires be so treated as to erase it.
6. TUV-ICB shall be entitled to charge fees at a level to be determined from time to time having regard to its costs relating to the administration of its schemes: An organization shall pay.
(i) A fixed annual fee for each certificate granted (this will include costs of surveillance), which shall not in any circumstances be returnable.
(ii) Additional fees for audit, supervision, re-issue or endorsement of the certificate and administration such as shall from time to time be determined by the certification committee to be fair and appropriate.
(iii) A final audit fee upon termination of the certificate, however determined if such audit be required by the certificate committee.
(iv) Any additional costs incurred by TUV-ICB due to the certified organization's non-compliance with these regulations. All fees are payable in advance of the activity to which they refer i.e. Application fee prior to document review; Audit fee prior to audit; and Annual Surveillance fee prior to surveillance, except where a continual payment method is used e.g. Standing Order.
7. TUV-ICB shall:
(i) Send a representative to the registered organization in line with the TUV-ICB surveillance programme, which will be notified to the client (these visits are normally once or twice a year) for the purpose of verifying that the obligations imposed by the certification rules are being carried out.
(ii) TUV-ICB gives its certified clients due notice of any changes to its requirements for certification and verifies the client�s compliance with the new requirements.
(iii) NOT TO DISCLOSE ANY INFORMATION concerning the registered organization which is of a confidential nature, other than information that is in the public domain.
(iv) Notify the registered organization of customer complaints relating to the compliance of the registered organization's product, process or service complies with the new requirements.
8. If a registered organization is temporarily unable to comply with the requirements of these regulations, the certification committee may require the registered organization to discontinue use of the TUV-ICB logo, and/or any claim to be a registered organization with immediate effect until they are satisfied that the conditions of certification are again achieved or pending the result of any appeal under regulation 11.
9. If a registered organization fails to comply with these regulations the certification committee may, subject to the provisions in regulation 11 as appropriate: (i) Revoke the certificate or reduce its scope (ii) Refuse to grant or renew the certificate or extend its scope Such decisions, and the grounds for them, shall be communicated by the operations director in writing.
10. The certification committee may, at their discretion, and subject to regulation 11, revoke or refuse to grant or renew a certificate if the registered organization becomes subject to the bankruptcy laws or makes any arrangements or composition with its creditors, or enters into liquidation, whether compulsory or voluntary (but not including liquidation for the purpose of reconstruction), or has a receiver of its business appointed, or is convicted of an offence tending to discredit the registered organizations reputation and good faith as a trader. Such decisions, and the grounds for them, shall be communicated to the registered organization in writing.
11. In the event of a registered organization or applicant wishing to appeal against any decision of the certification committee under these regulations, it shall be within 14 clear days after having been officially informed of such a decision, giving notice in writing to the certification committee of its desire to appeal against that decision.
A meeting of an appeal committee constituted in accordance with the regulations will be held within 30 clear days of receipt of such notice, and the appellant shall be given at least 7 clear days notice of the time and place of such a meeting.
The appellant will be advised as to the constitution of the appeals committee with respect to the individual candidature and shall be given the opportunity to object to any member of the committee. Such objections must be notified to the Certification Manager in writing, and the appeals committee will be duly re-constituted if upheld.
The Certification Committee decision shall remain in force pending any meeting of the appeals committee. At such meeting, both the appellant and the certification manager shall be entitled to be heard in confidence. The decision of the majority of the appeals committee as declared by its chairman shall be final.
12. Should a client wish to make a complaint against the service offered by TUV-ICB, they should, in the first instance, write to the Certification Manager. The contact address can be found on the TUV-ICB website at www.tuvicb.com
All complaints shall be duly recorded and reviewed; any corrective action thought necessary shall be communicated to the complainant, within a reasonable time-frame. Should the action not be considered sufficient, the complainant should write to the above address, but mark the correspondence for the attention of the Certification Committee (CC).
13. These regulations may from time to time be altered by the Board of Directors and followed by the review and approval of ICB. No such alterations shall affect the right of any registered organization to use the TUV-ICB logo, or claim to be registered under these regulations unless or until it shall have been given notice in writing of such alterations by the operations director who will notify the registered organization of the date by which it must comply with the altered regulations, which shall not normally be less than six months from the date of notification of the alteration.
14. A list of registered companies shall be open for inspection by the public at a TUV-ICB operating address, which shall be published.
15. Any notice under these regulations shall be in writing and signed by or on behalf of the party giving it and may be served by leaving it or sending it by pre-paid recorded delivery or registered post, in the case of TUV-ICB or the registered organization at or to its address for the time being (registered office where applicable).
Any notice so served by post shall (unless the contrary proved) be deemed to have served 48 hours from the time of posting; and in proving such service it shall be sufficient to prove that the notice was properly addressed and was posted in accordance with this regulation.
16 TUV-ICB can suspend a certificate: for its irregular use, violation of its ethics code, for significantly amended to the organization's management system without notification of TUV-ICB, if the organization does not pay the agreed fee, if the organization bankrupted, if the organization does not comply with the Certification Regulation, and if the organizations applies for the suspension. The time of suspension cannot exceed a period of six months.
17 TUV-ICB can withdrawal a certificate when:
- the client's organization does not conforms to the requirements of TUV-ICB making reference to its certification status in communication media such as the internet,brochures or advertising, or other documents,
- does make or permit any misleading statement regarding its certification,
- does use or permit the use of a certification document or any part thereof in a misleading manner,
- upon suspension or withdrawal of its certification, discontinues its use of all advertising matter that contains a reference to certification, as directed by the TUV-ICB,
- when does not amends all advertising matter when the scope of certification has been reduced,
- when does allow reference to its management system certification to be used in such a way as to imply that TUV-ICB certifies a product (including service) or process,
- when does imply that the certification applies to activities that are outside the scope of certification, and
- does use its certification in such a manner that would bring TUV-ICB and/or certification system into disrepute and lose public trust.
18 The Certificate is valid for a three-year period, providing the client complies with the "rules and regulations" of TUV-ICB, and the surveillance visits scheduled during the three-year period are satisfactory.
19 Special audit is performed in response to an application for extension to the scope from a client that already has been certified. It may be necessary for TUV-ICB to conduct audits of certified clients at short notice to investigate complaints, or in response to changes or as follow up on suspended certificate.