Is a certificate valid after a manufacturer closes?
We are often asked what happens to the validity of certificates when a manufacturer closes, particularly when bankrupt and no transfer of ownership results. This question was posed to the EU Commission for a legal ruling and they have returned with the following:
The EC type examination certificate for the boat placed on the market remains valid even after the manufacturer bankrupted.The EC type-examination certificate refers to a product, not to the manufacturer.
In case there is a new manufacturer who wants to produce the same type of boat under the same brand, he must apply for the new EC type examination certificate because this certificate always applies to a particular manufacturer. This manufacturer also has to put his name on the EU Declaration of Conformity.
However, the notified body assessing the product should take into consideration the fact that the new manufacturer may use the same manufacturing methods & technologies including the material and workforce as the previous original manufacturer. For this case, the scope of assessment should not create unnecessary burden for the manufacturer.
In case of change of the manufacturer’s ownership, the EC type examination certificate remains valid until the manufacturer continues his business under the same legal entity.
Note that while the above refers to Type Approval certificates, it would also apply to module Aa certificates. It does not apply to other types of certificate (module D, E, F, G or H) as these certificates relate to specific units of production or production processes. There is, therefore, no carry-over of these certificates.
For further information, contact HPiVS.