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CERTIFICATION REGULATION GAS PRODUCTS AND BOILERS Pag. 1 di 16 MS-0038301 rev.01 Annex 3– 08/03/2019 CERTIFICATION REGULATION GAS PRODUCTS AND BOILERS CE Certification “Gas Appliances” and “Hot water boilers”

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Page 1: CERTIFICATION REGULATION GAS PRODUCTS AND BOILERS CE ... · CERTIFICATION REGULATION GAS PRODUCTS AND BOILERS Pag. 1 di 16 ... Type Examination Certificate, which will contain references

CERTIFICATION REGULATION GAS PRODUCTS AND BOILERS

Pag. 1 di 16

MS-0038301 rev.01 Annex 3– 08/03/2019

CERTIFICATION REGULATION GAS PRODUCTS AND BOILERS

CE Certification “Gas Appliances” and “Hot water boilers”

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SUMMARY 1. REGULATION SCOPE .......................................................................................................................... 3 2. GENERAL CONDITIONS ...................................................................................................................... 4 3. APPLICATION .................................................................................................................................... 5 3.1. General ....................................................................................................................................... 5 3.2. Application for Type Examination .................................................................................................. 5 3.3. Application for production surveillance .......................................................................................... 6 3.4. Application for single unit certification ........................................................................................... 8 4. CE Marking ........................................................................................................................................ 8 5. PRODUCTION SURVEILLANCE ............................................................................................................. 9 5.1. General ....................................................................................................................................... 9 5.2. Conformity to Type - Option I ....................................................................................................... 9 5.3. Conformity to type – Option II, III .............................................................................................. 10 5.4. Product Evaluation option IV and V ............................................................................................. 10 6. UNAUTHORIZED OR IMPROPER USE OF THE CE MARKING OF EC CERTIFICATIONS ............................ 11 7. RESIGNATION, SUSPENSION OR REVOCATION OF CERTIFICATION OR REGULAR SURVEILLANCE ....... 11 7.1. Renounce .................................................................................................................................. 11 7.2. Suspension or revocation ........................................................................................................... 12 8. COMPLAINT ..................................................................................................................................... 13 9. CHANGE OF TRI REGULATION, LAWS OR TECHNICAL STANDARDS .................................................... 13 10. PRICES ............................................................................................................................................ 14 11. APPEALS .......................................................................................................................................... 14 12. MEDIATION AND ARBITRATION........................................................................................................ 14 13. MARK USAGE ................................................................................................................................... 15 14. OBBLIGATION OF LICENCE AND CO-LICENCE HOLDERS .................................................................... 15

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1. REGULATION SCOPE

This Regulation defines the operations policy that governs relations between TÜV Rheinland Italy Srl (hereinafter TRI) and the client company (hereinafter "Manufacturer") in the provision of product certification in accordance with the requirements of 2016/426 Regulation relating to appliances powered by gas (hereinafter also referred to as "GAR"), and Directive 92/42/EEC-Regulation 813/2013 on the performance of the water boilers fired by liquid or gaseous fuel (hereinafter also referred to as "BED"). The aforementioned directives are mandatory to affix the CE marking on products and are hereinafter also referred to as "Prescriptions". In its certification activities TRI applies the following principles: policies, strategies, procedures are not discriminatory: access to certification services is

allowed to any company that requests it in compliance with these Regulations, without any discriminatory condition of a commercial, financial or of belonging to particular Associations.

it is totally impartial and independent and ensures that condition through the following measures: o carrying out the activities of certification awarded to staff having no interest with the

manufacturer to be certified, bound by the rules of conduct and independence established by TRI;

o clear separation between staff performing audits and tests and that participates in the certification decision;

o punctual handling complaints, appeals and disputes, as defined in § 8 and 11 of these Regulations;

o abstention from performing activities of assistance in the definition and implementation of the requirement to obtain product certification, either direct or through structures connected to TRI.

Then the authorized staff performs the operations related to methods for conformity attestation with the highest degree of professional integrity and technical competence and it is free from all pressures and inducements, particularly financial, which might influence their judgment and the results of verifications. In particular, it is independent from the pressures that come from all professional categories, groups or persons directly or indirectly interested in the results of the checks. The requirements of impartiality and independence is also subject to constant supervision by the Committee of Safeguarding composed by members external to TRI. TRI, its director and staff not engaged in the design, manufacture, supply, installation of products that they certify and are not involved either directly or as authorized representatives in the design, construction, marketing or maintenance of the certified products.

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2. GENERAL CONDITIONS

It is prerogative of the manufacturer to choose the procedure for conformity assessment in order to affix the CE marking of equipment to show conformity of devices, according to the relevant Prescriptions During its evaluation, TRI may recognize documents issued by other Notified Bodies like statements of approval, test reports, reports to demonstrate compliance of products or production systems. If the manufacturer has a production site with a TRI quality system Certification, TRI unquestionably defines the criteria for the possible reduction of checks or any type of evaluation of the Quality System, according to the technical compatibility between procedures conformity assessment chosen by the manufacturer in accordance with the Prescription and checks and assessments already carried out in the voluntary field by TRI. Any reductions mentioned above neither affect in any case the determination of the complete satisfaction of the essential requirements. Product tests, audits and evaluations of the quality system of the manufacturer are carried out by TRI, which can also collaborate with external labs or auditors, in accordance with the requirements of the applicable technical standards and by the competent authority. In this case the client must be informed in advance so that within 10 days from the notice he can refuse the proposed partner . The manufacturer must allow to the TRI staff, or to other personnel in charged by TRI, access to the sites of manufacture, inspection, testing, storage (also of any subcontractor) and, if necessary other building sites, accompanied, where appropriate, by officials of the competent authority and/or personnel of Accreditation Body. TRI informs in advance the manufacturer about the composition of audit team. The manufacturer can object to the choice of the inspector, proving any conflicts of interest with the same activities are subject to evaluation. The manufacturer must keep records of complaints about certified products, and records of the corrective action taken. These documents must be made available upon request to TRI that take place any necessary investigation to initiate appropriate action. The certification holder must notify to TRI any changes that will affect the fulfillment of the certification’s requirements with an emphasis on changes of product, method of production or methods / equipment used to determine the product’s conformity and, in case of surveillance certification according to module D or E, in advance the ones relevant to Quality System. The issue of the Certificate of type examination, Attestation of conformities and Surveillance Statement will be possible only with:

payment for demand management and documentation evaluation;

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payment for checks and tests, as indicated by the TRI Price List in force. The maintenance of any type of Surveillance Statement and the making of any surveillance activities are subject to the payment of the amount for the surveillance phase. Otherwise, TRI suspend the surveillance activities, by giving notice to the competent authority and the other notified bodies. The continuation of the suspension of the monitoring involves, in the case of conformity to type the following revocation of the Surveillance Statement, having failed them conditions to ensure the suitability of the production system. All actions relating to the activities of conformity assessment, in particular the tests, inspections and assessments, are carried out with the commitment of confidentiality to third parties, except as prescribed by Italian Law, in particular for what concern the Competent Authority and the other notified bodies. In this case, the certificate holder will be informed about the information disclosed unless this is prohibited by law. The manufacturer cannot advertise the application in progress up to the positive outcome of the examinations, verifications and tests. In duly justified cases, TRI can release an exemption from this ban.

3. APPLICATION

3.1. General

The manufacturer must submit an application by filling in the form QMT_BSP_018.001 of TRI. A separate application must be submitted for each type, that is, for each representative specimen of the production. The type may additionally cover variants of the product, provided that the characteristics of these variants are not different as regards the solutions adopted to satisfy the essential requirements of Prescriptions. For each type, the manufacturer may require to TRI:

the Type Examination only; the Conformity to Type only; all the necessary procedures for affixing the CE marking, namely the type

examination together with one of the procedures for production monitoring; the unit verification the conformity based on statistic or verification of each appliances or fitting

Upon receipt of the request, TRI evaluates it for its acceptance

3.2. Application for Type Examination

When is requested the type examination, the manufacturer shall provide the documentation relating to the project, prepared as required by applicable Prescription, as well as a written declaration stating that the request has not been submitted to another Notified Body.

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After the application acceptance, TRI provides - where appropriate - the drafting of a specific test protocol and notify the applicant the number of samples of the type that must be provided free of charge for the examination of conformity. The test protocol identifies the technical standards and/or testing methods most suitable to allow the better satisfaction of Prescriptions’ requirements, taking into account the technologies and state of the specific product.

On such samples and on the project client’s documentation, TRI provides to perform the appropriate examinations, inspections and tests according to, the requirements of the applicable Prescriptions.

If the result of the examinations, checks and tests were negative, TRI inform the manufacturer about the findings. The manufacturer must submit, by the deadline specified by TRI, another specimen and documentation appropriately amended; the cost to the repetition of checks will be borne by the manufacturer. In the event that the manufacturer does not proceed with the presentation of the modified sample, the application will be considered expired and TRI will give information to the competent authority and the other notified bodies. If the type meets the provisions of the Prescriptions, TRI supply the manufacturer with the Type Examination Certificate, which will contain references to the project documentation. This Certificate will have a maximum validity period of 10 years. Whatever the outcome of the examination, TRI keep a copy of the documentation relating to the project and the other documents accompanying the application. TRI reserves the right to ask that the manufacturer retains the tested samples, or parts of them, duly marked or sealed, at its headquarters.

In case there are subsequently applications submitted for other similar types already covered by Type Examination Certificate, it is up to TRI judge, unquestionably, if the documentation and evidence which the product must be subjected can be reduced, and the entity of this reduction.

In case the application is presented by a person other than the manufacturer who will be the holder of the certification (Co-certification case), it will be accompanied by a declaration signed by the Organization in charge of the certification, with which the latter instructs the compamy to represent it and act on its behalf for the management of the certification and with which it undertakes to respect the conditions established in this regulation which will sign for acceptance.

3.3. Application for production surveillance

Where it is required the approval of the Quality System, the manufacturer must provide, together with the application, the following documentation:

Quality Manual and all quality system’s documents that defines the procedure to assure the fulfilment of safety requirements of certified products;

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declaration of commitment to fulfill the obligations arising from the quality system approved;

statement of commitment to maintain in time the adequacy and effectiveness of the quality system approved;

technical documentation on the types approved, including a copy of the EC type examination certificates, if such approvals have been issued by other bodies.

The submission of the application for the options that provide the evaluation of the Quality System implies the acceptance of the activation of the continuous surveillance. When the application is accepted, TRI examine and evaluate the quality system to determine whether it satisfies the relevant points of the Prescriptions. If the result of the checks is negative, TRI inform the manufacturer about the findings, inviting him to provide evidence of corrective actions taken. If the manufacturer fails to take appropriate actions within the agreed time to adapt its quality system, the question will be considered lapsed and TRI will give information to the competent authority and the other notified bodies. If your system meets the requirements, TRI supply the manufacturer with a Surveillance Certificate. This Certificate will have a maximum validity period of 3 years. Where a manufacturer who has been granted the Surveillance Certificate intends to change its organization, it must give prior notice to the TRI, which can accept the changes or carry out checks. These checks must be made promptly and their cost is borne by the manufacturer. When a random inspection of the products is foreseen the manufacturer must provide, along with the application, the following documentation:

technical documentation on the types approved, including a copy of the type examination certificates, if such approvals have been issued by other bodies.

TRI will send the manufacturer a notice of acceptance of the assignment. The activities will then be made as indicated in par. 5.2 of this Regulation. Where it is required the EC verification of products, the manufacturer must provide, together with the application, the following documentation:

statement about choosing between the Verification by checking and testing of each device and the statistical procedure;

technical documentation on the types approved, including a copy of the type examination certificates, if such approvals have been issued by other bodies.

TRI performs its activities as described in par. 5.4 of this Regulation.

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3.4. Application for single unit certification

Where it is required verification of single unit, the manufacturer must make available the documentation for the project. When the application is accepted, TRI planning the execution of the proposed activity and defines the specific program of examinations, tests and trials as well as whether those investigations are conducted at least after of before installation of the product. If the result of the examinations, checks and tests were negative, TRI informs the manufacturer about the findings. If the manufacturer does not apply the necessary corrective actions within the agreed lead time, TRI refuses the certification issue and inform the Notification Authorities and the other NoBos that work in the same sector. If the product meets the provisions of the Prescription, TRI supply the manufacturer with a Certificate of Conformity for the specimen examined.

4. CE Marking

For products that have obtained CE according to the procedures in this Regulation, the following shall apply:

the CE marking is affixed by the manufacturer as provided by relevant Prescriptions; Note: It is appropriate that, for reasons of traceability and on the basis of what was agreed at GADAC (Gas Appliances Directive Advisory Committee), on the machine and / or the declaration drawn up for the devices is reported the reference to the number of its Certificate of Examination CE of type.

The CE marking must be followed by the number 1936 where TRI is involved in the surveillance phase of production, i.e. when TRI is mandated by the manufacturer to perform surveillance described by one of the following procedures:

Conformity to Type (Internal production control plus supervised product checks at random intervals)

Conformity to type (Quality assurance of the production process) Conformity to type (Product quality assurance) Conformity to type (Product verification. All products or Statistical approach) Conformity based on Unit verification

With the start of production of each of certified model, the manufacturer must draw up the Declaration of Conformity required by the Prescriptions and gives notice to TRI about the start of production. It is forbidden to affixing on products marks liable to be confused with the CE mark. The manufacturer will have to unequivocally distinguish the products CE marked by those who do not have one.

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The use of Certificates is strictly reserved for the manufacturer and is not transferable, except in the event of sale of the manufacturer’s company; in this case, it should be immediately notified to TRI, which will take note effects of the changes, reserving the right to issue, if appropriate, a new certificate. TRI verify the need to perform supplementary tests in order to ensure the maintenance of the requirements of the Prescriptions The manufacturer must undertake to promptly notify TRI any change of name, place of production, the type of product submitted for consideration.

5. PRODUCTION SURVEILLANCE

5.1. General

The manufacturer must take the proper procedures to ensure the ongoing compliance of mass production to the type covered by the EC-Type Examination Certificate, using one of the options provided. The choice made must be communicated by the manufacturer it TRI using the right template (see par. 3.1 of these Regulations); the same method must be followed in case the manufacturer intends to modify the choice of the type of option, as reported in the following table.

Opzione - Option Modalità di Valutazione – Evaluation method

I Conformity to Type - Internal production control plus supervised product checks at random intervals

II Conformity to type – Quality assurance of the production process

III Conformity to type - Product quality assurance

IV Conformity to type - Product verification (all products)

V Conformity to type - Product verification (Statistical verification)

5.2. Conformity to Type - Option I

TRI will carry out random checks on the premises at least once a year, in order to ensure that the products conform to the applicable essential requirements. These checks will be carried out according to a specific test program prepared by TRI. If the test defined in the program, or parts of them, could not be carried out by the manufacturer, the same will be performed at the laboratories TRI or external independent laboratories qualified by TRI. In this case, the manufacturer undertakes to allow TRI to pick-up the necessary samples, and, at the request of the inspector, to be delivered in TRI such samples free of charge, taking every precaution to ensure that they arrive at their destination in good condition within a maximum of one month from the date of withdrawal. After the tests these samples will then be given back, in the condition in which they are after the a.m. tests, at cost and risk of the manufacturer. In case of positive result of the tests, TRI supply the manufacturer with an attestation of this outcome.

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If one or more of the products tested were found not in compliance with the essential requirements of the Directive, TRI shall inform in writing the manufacturer and takes appropriate measures to avoid that they are put on the market before the manufacturer implements the relevant corrective actions. In severe cases of recurrence of the failure, TRI proceeds with the suspension, cancellation or scope reduction of the Surveillance Certificate and informs the others Notified Bodies that work in the same sector. All costs relating to activities resulting from the negative outcome are the responsibility of the manufacturer, according to the TRI Price List.

5.3. Conformity to type – Option II, III

TRI carries out checks at least once every two years to ensure that the manufacturer maintains and applies the approved quality system. The manufacturer, in addition to allowing them access to locations of interest, as indicated in par.2, it undertakes to make available to inspectors TRI all necessary information, in particular the documents concerning the quality system and the recordings made in the field of quality. At the conclusion of the visit will be issued a report on the audit performed. TRI also has the power to make unannounced visits. During these visits, inspectors may perform or have performed tests on products covered by CE certification. In case of non-conformities, TRI asks the relevant corrective actions evaluating, according to their importance, the timing for their identification and implementation. In case of critical NC the audit team can issue a request for the Certifier to evaluate the cancellation of Surveillance Certificate. TRI reserves the right to make additional visits at customer charge to verify their effective implementation and effectiveness.

5.4. Product Evaluation option IV and V

In the application the Manufacturer decides to apply for the verification of all models or for the statistic approach. After acceptance of the application, TRI plan to conduct the audit and defines the specific test program. The criteria for acceptance of the lot are those established by the Prescription. If the test defined in the program, or parts of them, could not be carried out by the manufacturer, the same will be performed at the laboratories TRI (see also par.2). In this case, the manufacturer must undertake to deliver to TRI the selected products, free of charge; After the tests these samples will then be given back, in the condition in which they are after the a.m. tests, at cost and risk of the manufacturer. TRI undertakes to carry out the verification within 30 days from the date of acceptance of the application or, in the case of tests at TRI, the date of receipt of the samples needed.

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In the event that the batch is accepted or all verified product are OK, TRI supply the manufacturer a Certificate of Compliance. In the event that a verified product is not in compliance, TRI shall inform in writing the manufacturer and take appropriate measures to prevent the batch from being placed on the same market. In the event that a batch is rejected frequently, TRI may suspend the statistical verification procedure.

6. UNAUTHORIZED OR IMPROPER USE OF THE CE MARKING OF EC CERTIFICATIONS

The CE marking and the use of CE certifications are incorrect when they can mislead the purchaser about the nature, quality and origin of the product and in particular when:

products manufactured in series do not comply with the type described in the type examination certificate;

the manufacturer did not meet the obligations specified in these Regulations.

The Manufacturer, holder of the certification must ensure the use of the certification in a way that does not bring discredit or damage to TRI and should not make statements about their product certification that TRI may consider misleading or unauthorized

7. RESIGNATION, SUSPENSION OR REVOCATION OF CERTIFICATION OR REGULAR SURVEILLANCE

7.1. Renounce

If the Manufacturer wishes to give up permanent control by TRI, it shall give written notice of at least two months, guaranteeing also:

to give up to affix the CE marking together with the identification code TRI (1936), in the case of products, and in any case refer to TRI as Notified Body;

to communicate, in a period not exceeding 15 days from the date of the renunciation, the stocks in its factories and warehouses of products that indicate references to TRI as Notified Body (eg. Identification number 1936);

to consume in their establishments or stores such products within the period, following the expiration, which will be indicated by TRI.

If the manufacturer wishes to cancel an Type Examination Certificate issued by TRI, it shall give written notice. This communication involves automatically the cancellation of its surveillance activities, if conducted by TRI; in this case, that is as described above. TRI informs the competent authority of the waiver and the other notified bodies, as required by the Prescription. TRI further activities to remove the name of the relevant types from the list of certified products CE active while retaining all the relevant documentation.

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7.2. Suspension or revocation

The activity of continuous surveillance of the production can be suspended, withdrawn or made subject of limitation by TRI after violations of the manufacturer, and in particular:

in the case of bankruptcy or insolvency proceedings of the manufacturer; in the case of non-payment of the amounts due to the TRI where the manufacturer

persists in its failure despite a warning sent to him by registered letter and one month after dispatch of the warning;

in the case of non-compliance, involving gross negligence, of the commitments made with regard to the maintenance of the conformity of production;

in the case of a wrongly affixed CE marking (see Article 6 of these Regulations). if the manufacturer has failed to implement appropriate and effective corrective

actions on time compared to "critical" non-conformities identified in the audits of periodic surveillance.

if the manufacturer does not let TRI to perform the surveillance audits in the time and manner planned tolerance of up to one month.

if the manufacturer does not comply with new technical provisions or regulations within the Prescriptions.

The validity of the certification issued by TRI may be suspended or revoked in cases provided for in Article 5 or in cases of default in the previous paragraph. In case of revocation or suspension, the manufacturer is required to immediately stop the use of the CE marking or the use of the declaration of conformity for that product and eliminate any reference to such claims in the catalogs and advertising in general. In case of withdrawal, the manufacturer of the certification holder must return the original certificates to TRI requiring the cancellation of references to his notification on products and related documents. TRI shall provide appropriate information as implemented, in particular the competent authority and the other notified bodies and evidence of the revocation or suspension of the technical file will be preserved. In case of presence on the market of a product for which was revoked the certification because of defects that can be detrimental to users, TRI can call upon the manufacturer to withdraw from the market all units of the product, informing in any case 'Competent Authority and other notified bodies. TRI will not admit new applications for products for which the activities of continuous surveillance of the production has been revoked for non-compliance until the manufacturer has demonstrated that they had, in the meantime, applied all those measures that TRI considers enough to prevent the recurrence of the failure that gave rise to revocation. In the event of suspension, the measure is communicated to the holder of the certificate in writing. The communication gives the reason for the suspension and deadlines within which the holder of the certificate must implement corrective action requests. The holder of the certificate has five working days to notify to TRI the receiving of the measure, the

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adjustment to the requirements, the timing of implementation, which should not exceed six months, and any other useful information on how solving disputed findings. The notice must be in writing. The suspension will take into account the principle of proportionality and will be canceled as soon as the holder of the certificate will demonstrate that they have taken appropriate corrective action. If the holder of the certificate fails to comply with the notices required or fails to remove the causes of the suspension within this period, TRI will revoke the validity of the issued Certificates. Following the suspension the holder of the certificate must stop to use the Certification and must refrain from publicizing them until the end of the suspension period. Starting from the date of suspension the certificate’s holder loss of the opportunity to apply the CE mark and the consequent inability to enter the products in the market. In severe cases, TRI may request to the certificate holder to recall products from the market, including those lying in the warehouses. The costs incurred by TRI to perform any checks or activities caused by suspension measures are borne of the certificate holder.

8. COMPLAINT

The Customer or any other part involved in the certification process even if it was not completed with positive results, may submit a complaint to TRI in the case of deficiencies found in the management of its activities, exposing and motivating in writing the reasons for the complaint. TRI will take care of handling the complaint using people other than those involved in the subject of the complaint and respond in writing to the client within a reasonable time, generally within one month from the date of registration of the complaint. In case of disagreement with TRI about the outcome of the evaluation of complaint, the customer may appeal to TRI within one month from the date of receipt of notice from TRI, describing and justifying in writing the reasons for the appeal. The appeal will be examined by the General Manager of TRI, which will have to decide about the acceptance or not of the appeal. Any additional information and / or additional information to support the appeal may be requested from TRI to the client. Its decision will be communicated in writing to the Purchaser within three months from the date of receipt of the appeal.

9. CHANGE OF TRI REGULATION, LAWS OR TECHNICAL STANDARDS

If TRI modify its certification regulations or the reference laws (Guidelines or implementing laws) or the technical standards, which provide presumption of conformity with the essential requirements of the Prescriptions, introduced changes that affect the released certifications, TRI will notify the manufacturer who will be entitled to adapt their products or their company's Quality System, within the period that will be specified. This period, in case of modifications generated by TRI only, will be at least 6 months. In case of non-compliance TRI report the non-compliance and the consequent renounce to the certification on its website.

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If the manufacturer intends to comply with the new provisions, TRI has the right to repeat tests on products or audits and evaluations of the Quality System that are considered necessary, as well as to request new documentation. The costs for such activities will be borne by the manufacturer, according to the TRI Price List.

10. PRICES

In case of variation in the prices for surveillance activities, it will be sent a notice to all the manufacturers involved. The manufacturer will have the right to renounce to the certification issued by TRI, even only for individual products, within one month from the date of communication. In the period of notice, the manufacturer who makes use of the right of cancellation, will be charged the Price List prior to the changes.

11. APPEALS

The manufacturer, both during the examination of an application for certification is in the subsequent stage of production monitoring, may appeal against decisions of TRI, stating the reasons for the disagreement within 30 days of the communication, TRI has to deal with the complaint using persons not involved in the object of the appeal, within a month after the submission, possibly hearing the persons concerned.

12. MEDIATION AND ARBITRATION

Any dispute arising in connection with this Regulation, including those relating to its validity, interpretation, execution and termination, shall be referred to the conciliation provided for in the Mediation desk of the Chamber of Arbitration of Milan. In the event that Mediation is not possible, the dispute shall be settled by a sole arbiter, who will provide decision fairly and without having to conform to the rules of procedure, and the players will be chosen by mutual agreement, in accordance with the Arbitration Rules of the National Chamber of Arbitration of Milan. The Parties undertake to accept and give prompt and timely implement the decisions of the arbiter, which is recognize as an expression of their own contract’s interpretation. The costs of the arbitration shall be borne by the losing party. The arbitration location is Milan. In the scope of disputes compromised referees are expressly excluded disputes relating to the request for payment to the TRI of money due to the activities referred to in this Regulation (paragraphs 2, 3.2, 3.3 , 5.2, 8) or by way of restitution or damages. For these disputes the competent court is the one in Milan.

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13. MARK USAGE

The CE certification of GAS products or Boilers do not let the use of TRI mark and, consequently do not let the use of the Accreditation Body mark.

14. OBBLIGATION OF LICENCE AND CO-LICENCE HOLDERS

The holders of certifications, are obliged to: • communicate to TRI any incident or problem related to the failure to comply with the essential requirements of the Regulation and/or Directive they came to know about. • communicate to TRI any changes they intend to make to the certified product before it is made available on the market for the purpose of its authorization after verification of the compliance with the requirements. • allow, for checks and controls, the collection from their production sites or warehouses of samples covered by a surveillance contract both during inspections and in sampling activities carried out also at different times from the inspection ones. • Allow, in the case of a surveillance contract, an inspection of the company in order to verify the presence of adequate means of production (personnel, plants and equipment) and/or storage (co-license holders). • in case of co-license: to ensure that the product is made available on the market without any modification and therefore exactly as it is released from the production site

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CERTIFICATION REGULATION GAS PRODUCTS AND BOILERS

Pag. 16 di 16

MS-0038301 rev.01 Annex 3– 08/03/2019

ACCETTAZIONE – ACCEPTANCE

The Applicant declares to have carefully read and approved the "Certification Regulations GAS Products and Boilers" on the issue and maintenance of certification to affix the CE marking for: (identify the applicable choice):

Products in the scope of 2016/426 Regulation Products in the scope of Regulation 813/2013

Date:_______________________

Company, Name and Surname of legal representative in capital letters:

______________________________________________________________________________________

______________________________________ _______________________________________

Stamp and Signature (readable):

According to and for the purposes of the rules contained in Articles. 1341 and 1342 of the Italian Civil Code, the Applicant expressly approves Articles. 2 (General Provisions), 6 (Affixing the CE marking misappropriation or misuse of CE), 7 (resignation, suspension or revocation of certifications), 8 (Complaint), 9 (Changes in laws or technical standards ), 11 (Appeals), 12 (Mediation and arbitration.

Date:_______________________

Company, Name and Surname of legal representativein capital letters:

______________________________________________________________________________________

______________________________________ _______________________________________

Stamp and Signature (readable):