Transcription
MPS-ECAS Certification regulationsApproved by the MPS-ECAS Council of Experts on 18 June 2019Version: 009Date of release: 1 January 2020This regulation is effective from the date of : 1 van 17
CONTENTS OF THE REGULATIONS0DEFINITIONS1GENERAL2APPLICATION PHASE3PREPARATION PHASE4AUDITING and EVALUATION PHASE5CERTIFICATION PHASE5.1Certificate and Certification agreement5.2Inspection6SUSPENSION7TERMINATION OF THE CERTIFICATION AGREEMENT8OTHER PROVISIONS98.1Complaints and liability8.2Publicity8.3Use of marking and logo8.4Working conditions8.5Confidentiality, anti-recruitment clause, impartialityFINAL PROVISIONSSave the exceptions incorporated in or based on the “Auteurswet 1912” (Copy Right law 1912), nothing inthis publication is to be duplicated and/or published by way of print, photocopy, microfilm or in whateverway and to be saved in a retrieval system without preliminary permission of ECAS B.V. in writing.Code:Versie:AL-AL-401e010Pagina: 2 van 17
00.1DEFINITIONSAuditAn audit is a targeted and independent examination. During this examination is establishedwhether the subject of the certification (scope) meets the requirements of the certificationscheme concerned. With regard to a quality system, this also includes ascertainment that isdone what has been said (described) that is being done. Please note: the examination is aimedat obtaining factual information indicating that the process works as is said that it works. It is notmeant to detect aberrations or imperfections. Another important feature of an audit is, that it is arandom check. This random check is the basis for granting a certificate. We distinguishdocumentation audits, implementation audits and periodical audits.Documentation auditOn the basis of the quality manual and sub lying procedures will be assessed if the qualitysystem as described meets the standard. In addition to this, a number of registrations will bechecked and a consultation with the auditee will take place. A description of this can be foundfurther down this document.A documentation audit is also called a Phase 1 audit.Implementation auditBased on interviews, visit(s) to the company and company data will be assessed if the qualitysystem is implemented well and functions.An implementation audit is also called a Phase 2 audit.Periodical auditThis concerns a check in order to determine whether or not a certified company continues tomeet the requirements of the standard and takes the fitting measures where necessary.0.2AuditorThe specifically trained performer of the audit. Another important aspect of an auditor is, thathe/she is bound to full confidentiality. When there is more than one auditor one speaks of anaudit team, of which only one person has the lead and is charged with the correct performanceof the audit. This person, indicated as lead auditor, will make himself known as such.0.3MPS-ECASThe legal form of ECAS is a “besloten vennootschap“ (B.V.) (Company with limited liability). Forcommunication purposes it was decided to use the trade name MPS-ECAS Certification, alsoabridged to MPS-ECAS. Both trade names are registered with the “Kamer van Koophandel”(Chamber of Commerce). MPS-ECAS Certification has its offices in Honselersdijk, municipalityof Westland, an is registered with the Kamer van Koophandel under number 28073898.0.4StandardThe standard, the certification scheme or the total of requirements that the quality system, theproduct or the process is to meet. This will be agreed upon before the audit takes place. In caseof quality systems, this will mostly be ISO 9001, ISO 22000, HACCP or Groenkeur BRL. In caseof product certification this could for instance be certification schemes such as RHP, BRC,MPS- schemes, GLK (Green label hothouses), Hygiene Code, Marking Transport and Logistics,etc. If an auditor finds a shortcoming, this should always be based on the standard. This way,the company will also have the possibility to check the findings of the auditor.Code:Versie:AL-AL-401e010Pagina: 3 van 17
0.5Report (audit report)This is the final report concerning the results of an audit, in which the shortcomings are includedas well. To this report the (lead) auditor will attach a recommendation. Please note: the auditoror audit team only does the reporting and does not take any decision. The report is the basis forthe decision by the reviewer/decision maker regarding granting or continuing the certificate.0.6RvA (Raad voor Accreditatie; Dutch Accreditation Council)The national organization appointed by the authorities of The Netherlands assessing thesoundness of the assessment systems of conformity assessment bodies, such aslaboratories, inspection bodies and certification bodies.0.7ScopeThe field of application or the subject of certification. The scope of MPS-ECAS (see clauses 1.2and 2.3) concerns the certification schemes and the specified activities and/or products includedin these, regarding which MPS-ECAS performs certification activities. The scope is published onwww.ecas.nl. Part of the activities is performed subject to accreditation by the RvA. The scopeof the recognition by the RvA can also be viewed at www.ecas.nl. Concerning the certificateholder (see clauses 5.2.8 and 8.2.10), the scope is the subject of the certification as laid down inthe certificate. This could concern the quality system, products, processes, locations, etc.0.8ShortcomingsThe word says it all. An activity or an occurrence has been established, objectivelydemonstrable, that does not meet the standard or the own written quality system. Allshortcomings must have been dealt with in accordance with these certification regulations andthe certification scheme in order to be allowed to keep the certificate, or before MPS-ECAS cangrant the certificate. MPS-ECAS distinguishes two types of shortcomings that differ from eachother in seriousness.Major shortcoming (major)The most serious is a shortcoming that generally needs to be remedied quickly. This is the case- when part of a standard is not covered at all;- when part of a standard has not been implemented at all;- when shortcomings are found that directly or indirectly put (e.g.) food safety or quality of theproduct at risk;- when shortcomings are found that put the continuity of the (quality-) system at risk.Minor shortcomings (minor)This is the case- when part of a standard has not been filled out;- when the applicant or certificate holder deviates from his own procedure and/or instructions;- when shortcomings are found that could possibly put (e.g.) food safety or quality of theproduct at risk, without the occurrence of critical situations.- when shortcomings are found that could possibly put the continuity of the (quality-) systemat risk.1GENERAL1.1The system used by MPS-ECAS for quality system, product certification and inspectioncertification is based on the accreditation criteria that apply to comparable certificationprocesses and are laid down in these MPS-ECAS Certification Regulations na: 4 van 17
1.2The MPS certification system and the execution of certification procedures based on thissystem are subject to the requirements of the certification schemes and accompanyingmodules concerned and periodical assessment by the RvA. Within this scope upon requestby the RvA or another assessment body that derives its authority from a specific certificationscheme, MPS-ECAS will give them elucidation regarding all aspects of the certificationprocess as executed by MPS-ECAS. This does not only encompass the documents used inthe process and that constitute the basis of the certification decisions by MPS-ECAS MPSECAS, but also includes the actual performance of the process, including announced andunannounced company visits during which the applicant or certificate holder is obliged togrant (the representative of) the RvA, assessment body or scheme owner access to alllocations, facilities and documents.1.3MPS-ECAS provides certification services to applicants whose activities are within the scope ofMPS-ECAS, unless the application concerns a repeated application as in clause 2.4, and grantsa certificate if and for as long as the criteria of the certification scheme concerned are met,which will be checked periodically by MPS-ECAS.1.4The provision of services by MPS-ECAS and the conditions pertaining thereto are laid downin these Regulations, in an agreement with the applicant, in the additional conditions signedoff in the context of an audit, in the General Terms and Conditions of MPS-ECAS and in theCertification Scheme for which the applicant has opted, as well as in the regulations referredto in these documents.1.5Should there be any conflicting stipulations in the documents pertaining to the provision of theservices, then the regulations as laid down in the Certification Scheme have preference over allother regulations. Next in rank are the stipulations as laid down in the agreement pertaining tothe certification (procedure) and after that the present Regulations, whereas the General Termsand Conditions are of the lowest rank.2APPLICATION PHASE2.1All information needed by a potential applicant in order to hand in an application regardingcertification can be downloaded from the website of MPS-ECAS, but will be sent to the potentialapplicant by regular mail or by e-mail, should he so desire.2.2An application regarding the provision of a certification by MPS-ECAS is done by sending in anapplication form that has been filled in completely and truthfully, that has been signed by a legalrepresentative of the applicant and that is accompanied by all of the documents as determinedin the application form. Application forms can be downloaded from the website of MPS-ECAS.2.3MPS-ECAS has the right not to process an application, e.g. if the activities of the applicant arenot within the scope of MPS-ECAS. MPS-ECAS will inform the applicant of its decision inwriting, in which the reasons for the decision are given.2.4MPS-ECAS has the right not to process an application, if within a term of two years precedingthe application, an application has been rejected by MPS-ECAS or by another certificationinstitution, unless the applicant has shown that regarding the subjects that have led to thetermination or rejection of the former application, measures leading to improvement have beentaken.Code:Versie:AL-AL-401e010Pagina: 5 van 17
2.5Unless requested to do so by the applicant or in case MPS-ECAS has a legal obligation to doso, MPS-ECAS is not allowed to disclose to third parties any information about a firstapplication, the phase the certification process is in, and the handling of the process until themoment the certificate has been granted.2.6An applicant is not allowed to associate the name MPS-ECAS, the certificate that was appliedfor, or the marking with its quality system, product, process or service as long as a positivedecision has not been taken with respect to the application and as long as the applicant has notconcluded a certification agreement with MPS-ECAS, unless this is explicitly specified otherwisein the certification scheme concerned.3PREPARATION PHASE3.1On the basis of the information supplied in the application form and, in case MPS-ECAS is ofthe opinion that more information is needed, the results of a review of the information with theapplicant, MPS-ECAS shall draw up a quotation in which the subject of the certification and theplan concerning the provision of the services are laid down as detailed as possible.3.2In preparation of the audit, the applicant will provide MPS-ECAS free of charge all of thedocumentation that MPS-ECAS indicates to the applicant to be relevant to the audit, such asthe quality manual. This may be done electronically.3.3Even when the certification scheme that the applicant seeks certification for does not containthe condition for the certificate holder to maintain a system for handling and registeringcomplaints, the certificate holder will still have to maintain such a system. In this system thecorrectional measures pertaining to complaints and the fulfilment of the certification scheme bythe applicant are to be recorded as well. The appraisal of the thoroughness of both the systemof handling of the complaints and the registration thereof is in the discretion of MPS-ECAS.3.4An announced audit is scheduled in consultation with the applicant.An unannounced audit is scheduled by MPS-ECAS in conformance with scheme ownerrequirements for unannounced audits.4AUDITING and ASSESSMENT PHASE4.1After the quotation as mentioned in clause 3.1, signed by a legal representative of the applicant,has been received by MPS-ECAS this will be considered to be the agreement to perform theaudit. At that moment the auditing phase starts.4.2This phase consists of an audit during which, depending on the certificate that was applied for:- the quality system of the applicant will be assessed and/or- product samples at/with the applicants are tested and/or- product samples from the market are tested,and a report will be drawn up in which will be recorded whether the product, the process or theservice complies with the relevant certification scheme.The audit of a quality system again consists of two phases:1) assessment of the documentation that was sent in by the applicant (documentation audit)and2) assessment of the implementation (implementation audit).Code:Versie:AL-AL-401e010Pagina: 6 van 17
4.3If a scheduled audit is rescheduled on request of the applicant within 10 days before the auditwas to take place, the applicant forfeits 75% of the normal audit costs to MS-ECAS. If an auditis cancelled on request of the applicant on the day on which the audit was to take place, theapplicant forfeits 100% of the normal audit costs to MPS-ECAS.4.4The findings of each part of the audit will be discussed afterwards with the parties concernedand laid down in writing. When the applicable certification scheme requires the taking ofsamples and examination, this will be a part of the examination. (Samples of) the products thatare to be assessed will be supplied by the applicant to MPS-ECAS without compensation.4.5If there is cause for interim reports MPS-ECAS will report to the applicant in the course of theaudit. If an interim report leads to the conclusion that a positive final result of the audit is notreasonably to be expected, the handling of the application may be terminated after mutualconsultation.4.6In case the handling of an application threatens to exceed the budget or time schedule, MPSECAS will consult the applicant to discuss the matter in due time.4.7An applicant may at any time during the audit withdraw his application, without prejudice to theobligation of payment of any costs already made by MPS-ECAS in relation to the application.4.8Within one month after the conclusion of the audit, MPS-ECAS reports the results of the audit tothe applicant in writing. The reports for applicants with a registered address in the Netherlandsor Flanders will be in Dutch, reports for applicants with a registered address elsewhere will be inEnglish or, if so requested, in German. Reports remain the property of MPS-ECAS.4.9If the result of the audit is found to be positive, the applicant will qualify for the certificate.MPS-ECAS will inform the applicant of the positive certification decision in writing, within onemonth from the date on which the examination was completed. From that point onwards, thesigned quotation is regarded as the certification agreement between the parties. Thiscertification agreement is valid for an indefinite period and can be terminated subject to theprovisions set out in clause 7.1.4.10If in assessing the results of the audit any shortcomings are observed, which in the applicant'sand MPS-ECAS' opinion can be remedied within six months (see clause 5.2.5. as well), thedecision may be postponed for no longer than six months from the day on which theshortcoming was found. In case the applicable certification scheme prescribes a shorter term,the shorter term is to be observed.4.11If the result of the audit is negative, MPS-ECAS will take a negative certification decision andindicate the reasons for its decision to the applicant in writing.4.12If MPS-ECAS cannot offer a certification agreement and a certificate because of circumstancesthat regard the applicant, other than the result of the audit, MPS-ECAS will take a negativecertification decision and indicate the reasons for its decision to the applicant in writing.Code:Versie:AL-AL-401e010Pagina: 7 van 17
5CERTIFICATION PHASE5.1Certificate and certification agreement5.1.0Per certification path that is judged positive by MPS-ECAS, the applicant will be entitled tojust one hard copy of a certificate. In case more hard copies are wished for, MPS-ECAS willcharge the supplement hard copies separately.5.1.1The validity of a certificate is determined in each specific certification scheme. In the event thatthere is no clarity in the certification scheme, the validity is 3 years for quality system certificationand 1 year for inspection certification and product certification.5.1.2During the term of the certificate the certificate holder is obliged to keep meeting therequirements of the standard that is mentioned on the certificate or of the certification schemeas well as the requirements as laid down in the quotation/certification agreement and theassociated regulations and to adhere strictly to the procedures and regulations as included inhis quality manual.5.1.3In the event of changes to the certification scheme, the certificate holder will be informed inwriting, indicating the term in which the certificate holder must have implemented the changes.5.1.4The certificate holder has the obligation to allow MPS-ECAS to check whether or not thecertificate holder sticks to the obligation of clause 5.1.2.5.1.5In addition to the loss of validity on account of premature termination of the certificationagreement referred to in clause 7, the certificate can also temporarily lose its validity beforethe periods of notice have lapsed. This will happen in the event of suspension or if changesare made to the certified quality system, the production process and/or the standards laiddown in the different certification schemes.5.1.6When the period of validity expires, a reassessment is necessary for renewal of thecertificate. The reassessment must be completed before the certificate expires, otherwisethe certification periods will not be contiguous and the certificate cannot be used in theinterim. Extra costs linked to these activities will be charged to the certificate holder. In theevent of changes as referred to in clause 5.1.5, (re)assessment will take place during thefollowing inspection audit.5.1.7When there is dispute between the applicant and MPS-ECAS concerning the interpretationof requirements from a certification scheme, the MPS-ECAS Council of Experts will beinvolved to give its opinion. The decision of the Council of Experts shall be binding. Whenthe dispute concerns a difference in interpretation regarding a certification scheme which hasits separate Commission of Experts (or equivalent), the MPS-ECAS Council of experts shallput the dispute before that Commission and conform its decision to the decision of thatCommission.Code:Versie:AL-AL-401e010Pagina: 8 van 17
5.2Audits5.2.1When the certificate holder holds a valid certificate, MPS-ECAS regularly conducts periodicalinspections (audits) in order to assess whether or not the certificate holder meets hisobligations. Representatives of the RvA, assessment bodies or the owner of a certificationscheme can do the same. These audits can also take place unannounced. The audit plan andthe frequency of the audits will be determined on the basis of the audit scheme of thecertification scheme concerned. Herewith seasonal activities of the certificate holder will betaken into consideration. In the event that a certification scheme does not mention an audit plan,the frequency is determined by MPS-ECAS in consultation with the Council of Experts.5.2.2The auditors that MPS-ECAS deploys, (the representatives of) the RvA, assessment bodies orthe owner of a certification scheme need to get all necessary co-operation from the certificateholder in order to be able to properly do their job. The auditors take samples where required andperform the inspections. They need to be allowed to freely access all of the locations relevant tothe assessment and to freely accost all of the personnel present at these locations.5.2.3Depending on the relevant certification scheme and as far as applicable on the basis of thecertificate, the audits will at least relate to:- the application of the quality system;- potential consequences for the quality system of:* changes to the organisation and* changes to the production process* changes to the documented quality system;- the application of changed standards, procedures and regulations;- the way in which the certificate is published;- the periodical assessment by the certificate holder of his own quality system;- the corrective preventive measures taken after external audits and self assessments by thecertificate holder;- the handling of complaints;- product assessment;- sample taking and testing;- the realisation (production);- the certificate holder’s own process, company and production requirements.5.2.4The certificate holder cooperates in the audits as deemed necessary by MPS-ECAS, (therepresentative of) the RvA, assessment body or scheme owner.5.2.5If non conformities have been established, the certificate holder will have to inform MPS-ECASwhat corrective and preventive measures is taking. MPS-ECAS decides how this information isto be supplied and the term in which it has to have been received. The term does not exceedthe term set in the relevant certification scheme or the relevant standard that applies in thiscase. If in the relevant scheme or standard no term is indicated, the term shall not exceed sixmonths. By way of an assessment of the documentation and possible verification through anextra inspection on location MPS-ECAS will decide whether or not the taken measures suffice.5.2.6If non conformities are established during the audits, MPS-ECAS will decide on the basis of theseverity of the non conformities whether or not it should take one or more of the followingmeasures:a. a written warning;b. extra (partial) audit(s);c. a temporary increase in the frequency at which MPS-ECAS performs its audits;d. temporary suspension of the right to use the certificate;e. immediate termination of the certification agreement;Code:Versie:AL-AL-401e010Pagina: 9 van 17
f. publication of the measures referred to under d or e in media which MPS-ECAS findssuitable.MPS-ECAS informs the certificate holder of its decision in writing, specifying the reasons for thedecision. If any of the above measures involve extra costs for MPS-ECAS, these costs will becharged to the certificate holder.5.2.7The certification agreement will initially remain in force throughout the period of suspensionreferred to in article 5.2.6.d, the consequence being, that the certificate holder temporarilycannot exercise the rights connected to the issued certificate. If the certificate holder fails to takeadequate corrective measures in the specified suspension period, MPS-ECAS will have theright to terminate the certification agreement with immediate effect.5.2.8The certificate holder must inform MPS-ECAS timely in writing (for FSSC within three workingdays) of his intentions to make changes to a part of his company and/or product, and/orprocess and/or quality system in one way or another associated with the certification schemeand covered in the certification agreement. MPS-ECAS will then determine whether additionalresearch is required and informs the certificate holder of this.In case of- an application regarding extension of the scope of his certificate (for instance with a newproduction facility or a new product, process or service) or reduction of the scope of thecertificate (for instance hive off a production location, products processes or services)- a change to a certified management system, among whicha) change of the legal entity, the articles of association, the organisational structure or theownershipb) change of organisation and management (for instance regarding the most importantstaff in managerial positions, decision making functions or on the highest technicallevel)c) change of contact address and places of businessd) change of scope of the certified management system ande) important changes to the management system and processes,MPS-ECAS will determine which of the audits will have to be carried out, on the basis of thetype of extension/reduction or change concerned, in accordance with the certification schemeand the relevant accreditation criteria.5.2.9In the occasion of a decision by the certificate holder to recall or withdraw products from themarket, the certificate holder must act in accordance with the requirements related to thecertificates that have been issued to him. MPS-ECAS shall be notified in writing within threeworking days.The notification shall include at least the following:- the justification of the recall or withdrawal;- Description of the products;- corrective measures;- situation on the execution of the recall or withdrawal.The notification is assessed by MPS-ECAS and MPS-ECAS decides on the follow-up actionsand consequences for the certificate.5.2.10If additional research is required, in case of a product- or inspection certificate the certificateholder will not in any way suggest that a new or changed product falls within the scope of thecertificate until MPS-ECAS has granted permission to do so.Code:Versie:AL-AL-401e010Pagina: 10 van 17
6SUSPENSIONA certificate may be suspended:a) if an audit reveals a non conformity that does not necessitate the immediatewithdrawal of the licence;b) if a certificate holder fails to remedy incorrect use of the quality marking or certificate bytaking suitable corrective measures;c) in the event of any other breach of MPS-ECAS' scheme or procedures, andd) in mutual consultation between the applicant and MPS-ECAS.MPS-ECAS will inform the certificate holder of the suspension in writing, specifying theconditions under which the suspension may be abolished. If the certificate holder fails to complywith these conditions, the licence will be withdrawn and the certification agreement terminated.7TERMINATION OF THE CERTIFICATION AGREEMENT7.1Barring the provisions of clauses 5.2.6, 5.2.7 and 7.2, the certification agreement can only beterminated with a period of notice of at least two full months before the end of the currentcalendar year. The other party must be informed of the termination of the certificationagreement by registered mail, stating the reasons and the date of termination.7.2If one of the parties has breached one or more of its obligations under the certificationagreement, the other party will have the right to terminate the certification agreement withimmediate effect, provided that a notice of default had been sent to this party, in which areasonable term had been granted to remedy the breach and this party has failed to do so.7.3From the date of termination of the certification agreement or of suspension of the right to usethe certificate, the certificate holder must refrain from using the certificate and exercising therights connected to the certificate as well as refrain from creating the impression that he still hasthe right to use the certificate and the rights connected to the certificate. A certificate holder whobreaches this regulation will have to pay MPS-ECAS a fine payable at call of 5000 plus a fineof 500 for every day that said breach continues.7.4If a certification agreement is terminated for a reason that cannot be attributed to MPS-ECASas referred to in clauses 5.2.6, 5.2.7 and 7.2, the applicant will be charged administrationcosts of at least 200 in accordance with the schedule of fees in its most recent version.7.5Termination will not in any way affect the applicant’s financial obligations towards MPS-ECAS8OTHER PROVISIONS8.1ComplaintsComplaints general8.1.1Code:Versie:In all cases, complaints need to be filed with MPS-ECAS no later than one month from the dateat which the (pretended) shortcoming has become known to the complainer. Filing needs to bedone in writing, providing all facts that MPS-ECAS deems necessary for appropriate processingof the complaint. At all times, the complaint should contain information regarding the companythat the complaint regards and in which period the (pretended) shortcoming would have takenplace, substantiated by evidence from which the shortcoming becomes evident. If the complaintdoes not satisfy these prerequisites, the complaint will not be processed.AL-AL-401e010Pagina: 11 van 17
Complaints (of third parties) regarding a certificate holder8.1.2Complaints pertaining to a (pretended) shortcoming that would have taken place in acertification period that has already come to an end and/or which can be assessed only by wayof documents and or samples that are subject to a limited preservation period, will not beprocessed after the said period has come to an end.8.1.3If MPS-ECAS receives a complaint about a certificate holder relating to his execution of thecertification agreement or his adherence to the relevant certification standards, MPS-ECAS will,if it deems such necessary, discuss with the certificate holder the actions to be carried out inorder to determine the nature and cause of the brought up facts.8.1.4If the complaint proves to be justified, this may be reason for MPS-ECAS to again consult withthe certificate holder regarding adjustments to the quality system or taking measures as impliedin article 5.2.6.8.1.
2.3 MPS-ECAS has the right not to process an application, e.g. if the activities of the applicant are not within the scope of MPS-ECAS. MPS-ECAS will inform the applicant of its decision in writing, in which the reasons for the decision are given. 2.4 MPS-ECAS has the right not to process an application, if within a term of two years preceding
