CABF PED/SPV Memorandum of Understanding

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NBF PED/SPV N. 05/012

MEMORANDUM OF UNDERSTANDING OF THE Conformity Assessment Bodies Forum (CABF) For Pressure Equipment and Simple Pressure Vessels Rev 1 Draft (agreed version see doc N 01/002)
MISSION STATEMENT The purpose of Co-ordination is to enable the main parties involved in conformity assessment of new pressure equipment to promote clarification and common understanding of the directive and its application. 1. INTRODUCTION 1.1. The Pressure Equipment Directive, (97/23/EC) specifies the intervention of Notified Bodies, User Inspectorates and Recognized Third Party Organizations, appointed by Member States, as part of the conformity assessment procedures. 1.2. These bodies, known collectively as Conformity Assessment Bodies for Pressure Equipment are appointed by their Member State in accordance with requirements set out in the directive. 1.3. In order to create a favourable environment, for the consistent application of conformity assessment procedures it is desirable to establish a forum to generate confidence between manufacturers, Users, the European Commission, Member States, and Conformity Assessment Bodies. 1.4. In the past, the Notified Body Forum for Simple Pressure Vessels has provided the vehicle for co-ordination in this field. It is now appropriate to include the requirements of this group within the wider scope of Pressure Equipment. 1.5. It is therefore beneficial to establish a European Conformity Assessment Bodies Forum, with a view to establishing and maintaining mutual confidence by the interchange of technical opinion not related to commercial information. The Conformity Assessment Bodies Forum Pressure Equipment and Simple Pressure Vessels (CABF-PED/SPV), has been formed to contribute to the preparation of unified interpretations and procedures for all equipment detailed in Article 1 of the Pressure Equipment Directive and Article 1 of the Simple Pressure Vessel Directive. 1.6. This Memorandum of Understanding of the Conformity Assessment Bodies Forum aims to set the framework for operation and outline the structure for co-ordination and co-operation between the different parties involved. 1.7. This document is not legal binding on the members of the Conformity Assessment Bodies Forum.

VdTV Techn. Secretariat CABF-PED/SPV PO Box 10 38 34 D-45038 Essen

Jochem Grassmuck (-154) Horst Steffen (-144) Kurfrstenstrae 56 D-45138 Essen

Phone: ++49/201/8987- 0 Fax: ++49/201/8987- 157 eMail: vdtuev.grassmuck@t-online.de

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2. SCOPE

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2.1. The Conformity Assessment Bodies Forum -PED/SPV, will provide a framework for co-ordination and co-operation between its members, the EC Commission, Member States and CEN in the application of the pressure equipment and simple pressure vessel directives. While the primary purpose of the forum is to examine pressure equipment directive issues, where simple pressure vessels issues arise, they may also be considered in the Forum. 2.2. CABF-PED/SPV is a forum for the European conformity assessment bodies to exchange information and raise issues of common concern relating to conformity assessment and other technical aspects. 2.3. It is the intention of the CABF-PED/SPV to exchange information between members and to harmonize technical aspects. Furthermore the CABF-PED/SPV aims to resolve unclear situations by reaching a consensus on the application of the directive in order to avoid differences between conformity assessment bodies. 2.4. The CABF_PED/SPV will extend an invitation to participate in its activities to representatives of manufacturers and users of pressure equipment. Such invitations will be agreed by the majority of CABF-PED/SPV members.

3. OBJECTIVES 3.1. The Objectives of the CABF-PED/SPV are to: Set up and maintain co-operation between European conformity assessment bodies to promote consistency in the application of the pressure equipment directive and the simple pressure vessel directive. Provide a forum for the discussion of problems related to the consistent application of the directive and where appropriate consult with appropriate bodies to assist resolution. Contribute towards the interpretation of standards that relate to its members responsibility and to the preparation and revision of applicable standards. Facilitate co-operation amongst the members without inhibiting fair and open competition between them. Co-ordinate contact and co-operation with the European Commission and outside bodies disseminate information when it is of benefit to members and progress the aims and objectives of the CABF-PED/SPV. Share experience and exchange views on the application of the conformity assessment procedures by seeking a consensus. Remain informed of standardization work at National and European level and of harmonization activities at European level.

4. TASKS 4.1. The CABF-PED/SPV shall:

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Exchange information and raise issues of common concern relating to conformity assessment and other technical aspects. Define points of difficulty, propose solutions and either agree on a possible solution or agree on the equivalence of two or more solutions. Prepare recommendations and agree guidelines for submission to the Commissions Working Party Guidelines (WPG). Receive and discuss Commission guidance documents and other information pertinent to the practical application of the directive. Collect and collate questions and problems arising from the practical applications of the directive and to present these to the Commission. Make available the results of all work, including working documents, meeting reports, recommendations and guidance documents to all member Conformity Assessment Bodies and where applicable other interested parties.

5. PARTICIPATING MEMBERS 5.1. Membership of the CABF-PED/SPV shall be open to any European Conformity Assessment Body appointed by its Member State for the assessment of Pressure Equipment or Simple Pressure Vessels, who is prepared to agree to further the aims and objectives of the Forum. 5.2. Membership of the CABF-PED/SPV is open to the following organizations: Notified Bodies appointed by a Member State to provide services related to all or some of the Conformity Assessment Modules of the Pressure Equipment Directive or of the Simple Pressure Vessels Directive. Recognized Third Party Organizations appointed by a Member State to provide services related to Joining certification, NDE personnel certification or both. User Inspectorates appointed by a Member State, to provide services related to all or some of the applicable Conformity Assessment Modules of the Pressure Equipment Directive.

5.3. Observer Membership of the CABF-PED/SPV is open to the following organizations: Organizations that are undergoing an assessment procedure prior to being appointed as a Conformity Assessment Body. Representatives from; EC Commission, Member States and CEN. European Federations representing pressure equipment and material manufacturers together with other appropriate bodies.

5.4. Members and candidate Conformity Assessment Bodies will be admitted as of right. Other Observer members will be admitted on ongoing basis after the agreement of a majority of the Members. 5.5 Visitors will be permitted subject to the agreement of the Chairman.

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6. MANAGEMENT

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6.1. The CABF-PED/SPV will not be incorporated as a separate legal entity or partnership. 6.2. The CABF-PED/SPV is managed by a Chairman supported by a Vice Chairman the services of Technical and Administrative Secretariats. 6.3. The Chairman and Vice Chairman are selected from the membership, by its members. The appointment is for a period of two years and may be renewed once. In the interests of compromise where 2 candidates offer their services as Chairman the role of Chairman may be swapped between them during the two year term. 6.4. Questions are raised in the first instance through the Technical Response Group (TRG) and proposed solutions are brought to the Forum by the Chairman of the TRG. 6.5. The Chairman of the TRG is selected from the membership, by its members. The appointment is for a period of two years and may be renewed once. 6.6. The members of the Forum may approve the setting up of Working Groups under the responsibility of a convener to discuss specific topics. Such Working Groups will report back to the Forum with their recommendations. Such conveners will be responsible for the organization and reporting of their groups activity. 6.7. On completion of the assigned task the Working Group will become dormant and only re activated where specific activities are envisaged. Re-activated Groups may comprise of different members and convener. 6.8. Recommendations prepared by a Working Group must be approved by the Forum, prior to issue.

7. THE CHAIRMAN 7.1 During the meetings, the Chairman may not act on behalf of their own Notified Body. The Chairman works in close collaboration with the Technical and Administrative secretariats and gives instructions to them concerning their specific tasks. The Chairman is responsible for leading and directing the work in line with the relevant Community policy and in Co-ordination with the Commission departments. The Chairman represents the Forum at: The Working Group Pressure The Working Party Materials These activities may be delegated where appropriate. 7.4 The Chairman has the following tasks: Setting the dates of meetings in consultation with Commission departments, Technical and Administrative secretariat. Setting the agenda, taking into account the wishes of the Conformity Assessment Bodies and in consultation with the Commission. Compiling and regularly updating the attendance list for meetings of the Conformity Assessment Bodies.

7.2

7.3

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8 8.1 VICE CHAIRMAN

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The Vice Chairman assists the Chairman in all matters relating to the operation of the Forum, in particular by taking responsibility for specific tasks or activities. The Vice Chairman deputises for the Chairman in the event of his unavailability. TECHNICAL RESPONSE GROUP The Technical response group consists of a number of volunteers who agree to comment on questions raised from the membership. Questions are first submitted to the Chairman of TRG who circulates the questions by email. The Chairman then collates the responses and brings the agreed response to the next meeting of CABF. The Chairman of the TRG represents the Forum at: The Working Party Guidelines

8.2 9 9.1

9.2

10 10.1 10.2

TECHNICAL SECRETARIAT The Technical Secretariat is appointed by the Commission for a set period. The role of the Technical Secretariat is to support the Chairman in his tasks in particular in the preparation of technical documentation. Details are specified in CERTIF 94/6 Technical Secretariat.

11 11.1 11.2

ADMINISTRATIVE SECRETARIAT. The Administrative Secretariat is appointed by the Commission for a set period. The Administrative Secretariat assists the Chairman with the logistical side of the organization of meetings of CABF-PED/SPV. (As per CERTIF 94/6 and Annex IV) MEETINGS Members and Observers are entitled to attend each meeting or to be represented by a delegation. In general, agreements on technical issues will be reached by consensus, achieved when there is general agreement in the discussion. Where it is not clear that a consensus has been reached, the Chairman will direct the Technical Secretariat to prepare a solution taking account of the views expressed. Such proposals are returned to the Chairman for approval, prior to being circulated to the members for comment. The CABF-PED/SPV meetings shall be held as required and agreed by the membership. The meetings of the Forum are held in English, German or French with simultaneous translation into the other two languages. All documents relevant to, or resulting from these meetings, will be produced in these three languages. The documents relevant to the meetings should be distributed to the participants at least one week before the meeting Meetings and documentation of Working Group meetings shall be in one language decided on by the majority of the participants.

12 12.1

12.2

12.3

12.4

12.5

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12.6

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Any Member or observer has the right to request additional meetings when important topics must be discussed.

13 RECOMMENDATIONS 13.1 The agreements made by the Forum of technical issues are generally documented in TRGs but they may be in another form if it is more appropriate. 13.2 Each member may submit technical inquiries to the TRG, an appropriate Working Group or to the Forum for its opinion. Inquiries for the TRG are submitted to the Chairman of TRG, inquiries to a Working Group are submitted to the convenor of that group and questions to the Forum are submitted to the Technical Secretariat. 13.3 Inquiries should where appropriate include the question, a proposed solution together with any justification. References to the applicable clause of the PED should also be included. 13.4 The relevant recipient reviews the inquiry to ensure: The answer to the question adds value and does not merely restate the Directive. The same or similar question has not already been asked of this group or the WGP. The question and answer are written so that they are grammatically correct and understandable in each of the agreed languages Allocate a reference number. The technical inquiry is circulated to the membership for review and added to the agenda for the next meeting. 13.5 Comments on the inquiry and proposed solutions are sent to the Technical Secretariat prior to the date of the next planned meeting, so that they may be circulated to all members at least one week before that meeting. 13.6 Recommendations approved by the Forum may be passed to the Commissions Working Party Guidelines (WPG) for review and submission to the Working Group Pressure (WGP) for final acceptance. 13.7 Alternatively the Forum may also decide that if the answer is relevant only to Conformity Assessment Bodies the agreement should instead become a Silent TRG. Silent TRGs are filed in the CABF section of the CIRCA system. 14 DOCUMENTATION 14.1 All documentation issued by the participating members to other participating members or from the Secretariat to the participating members shall not be revealed to non-members unless approved by the Members. This obligation does not extend to information which is in, or comes into, the public domain, other than through the default of the receiving party, or is already in the possession or is shown to have been independently developed by the receiving member or is obtained by such member from a third party without obligation or confidentiality. 15 LIABILITY 15.1 Each member is solely responsible for their own actions and activities. Although the proceedings of the Forum may assist in clarifying matters or in agreeing acceptable

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actions, each member is responsible for decisions and cannot rely upon the agreement of the Forum as justification. Similarly if a member feels that it cannot implement an agreement made for whatever reason, it has the right to take no action or to dissent, without having to refer back to the Forum. 15.2 For the avoidance of doubt, it is agreed and understood that all members are absolutely free to compete with each other in the supply of services. Members shall not act in breach of relevant competition law (e.g. National legislation implementing Article 81 (ex 85) Cartels and Restrictive Practices) concerning in particular: Prices charged, quoted or paid, or to be charged, quoted or paid for their services. Terms and conditions on which their services are to be supplied. Precise details of services provided or to be supplied. The cost of providing their services. Customer details. Marketing and sales data. Information obtained through the CABF-PED/SPV.

15.3 Furthermore, the disclosure of customer related information, e.g. technical information, shall be in accordance with the confidentiality constraints which apply for Conformity Assessment Bodies. 16 FUNDING 16.1 There is no membership fee.

16.2

Each attendee is responsible for their own expenses and costs incurred in relation to attending meetings of the Forum and any associated Working Groups.

16.3

The Commission may agree to contribute toward members costs in specific circumstances.
Observer member shall have no liability in respect of fees, expenses or other costs incurred on behalf of the Forum or its Members.

16.4