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Since Council Directive 96/98/EC on marine equipment entered into force on 1 January 1999, only bodies notified to the EU Commission ("notified bodies") have been authorized to perform type-testing of the marine equipment listed in the Directive, i.e. to perform an EU conformity assessment procedure. The Council Directive on marine equipment also includes provisions on the minimum requirements to be met by organisations planning
to perform such conformity assessment procedures. Annex A.1 of the Directive lists the marine equipment for which conformity assessment procedures have to be carried out. The Directive and its Annexes are continually updated.
When an organisation has applied for acceptance as a notified body, an assessment is made of its professional competence and ability to perform the conformity assessment procedure and of its independence, impartiality, and integrity. The competence of notified bodies is re-assessed regularly by the Member States - in the case of the BSH-Cert by the Federal Ministry of Transport, Building, and Urban Development - in conformity with procedures established by the accreditation bodies.
The standards of the EN 45000 series, the EN ISO/IEC standard, and the accreditation are important tools in the assessment of conformity with the requirements of the applicable Directive.
After an organisation has been notified by a Member State to the EU Commission, all other Member States are informed of the notification. The EU Commission keeps a list of all notified bodies which is published in the Official Journal of the European Communities.
At the end of 1998, the Federal Ministry of Transport, Building, and Urban Development notified theBSH, since 01 March 2009BSH-Cert, to the EU Commission as notified body in the Federal Republic of Germany, which is authorized to carry out conformity assessments according to Council Directive 96/98/EC on marine equipment.
As part of its general tasks, a notified body must
provide relevant information to the notifying authority, the supervisory authorities, and other notified bodies; perform its work in a competent, non-discriminating, transparent, unbiased, and independent manner. It has to employ experienced personnel which is adequately qualified to perform conformity assessment procedures in accordance with the relevant Directive;
take suitable measures to ensure that information it has gained in the course of conformity assessment procedures is treated confidentially;
participate in co-ordinating activities. Besides, it has to co-operate in European standardisation work, either directly or through representatives, or must take appropriate measures to ensure that it is kept informed about the status of relevant standards.
Within the framework of their notification, notified bodies are free to offer their conformity assessment services to all enterprises domiciled within or outside the EU. They may also perform their activities on the territory of other Member States or non-EU countries.
This implies that manufacturers may choose among the notified bodies which are authorized to perform a particular conformity assessment procedure.
Nevertheless, BSH-Cert has defended its position successfully because the cooperation with the accredited testing laboratory of the BSH performs a wide range of different type tests of navigational equipment and life-saving appliances, and thus is able to provide a high level of competence and experience.
To ensure uniform application of the conformity assessment procedures, the notified bodies, Member States, and the EU Commission co-operate closely. The regularly scheduled meetings of the notified bodies and of the EU Commission are attended by experts from BSH-Cert and the BSH's shipping department.
The conformity assessment procedure performed by a notified body includes not only type-testing (product - certification as per module B, G or F) but also the assessment, approval, and surveillance of the quality systems established by the manufacturers (module D or E) of navigation and radiocommunications equipment (see Certification).
Commitment
The management of the Notified Body BSH -Cert is bound to neutrality by handling conflicts of interests of fundamental significance as well as all actions / processes / regulations.
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