Appeal handling procedure
An appeal is a request from the applicant or the holder of an EU certificate to the notified body NB 1023 to reconsider the decision which was made in relation to the subject of the assessment. The appeal is therefore a request for re-examination of the documents and conditions on the basis of which the NB 1023 made a decision and is not understood as explicit expression of client’s dissatisfaction with the results of conformity assessment process.
The appeal usually contains additional information or a more detailed explanation of the certificate holder concerned on certain facts available in the documents provided within the completed conformity assessment process.
The applicant or the holder of an EU certificate has the right to place an appeal against the NB 1023 decision on refusal, suspension, withdrawal or restriction of the certificate within 15 days after the decision was delivered. The initiation of the appeal process does not affect the conditions that have arisen by the NB 1023 decision (especially validity of EU certificate, limitation in the certified product scope, etc.).
The appeal shall be submitted in writing by the applicant or the holder of the EU certificate and shall clearly and unambiguously specify which parts of the NB 1023 decision the applicant / certificate holder does not agree with, he shall justify this disagreement and, in most cases, add new facts.
Each appeal of the manufacturer against the NB 1023 decision is investigated from the view of its legitimacy and further the process of corrective / preventive actions is initiated by the NB 1023. After the investigation has been finalized the standpoint on the appeal is prepared, in which it is clearly stated which arguments of the applicant / certificate holder are acceptable or unacceptable from the legal and factual point of view.
The NB 1023 Decision Council decides whether the appeal will be accepted or rejected. The representative of the NB 1023 or his deputy shall notify the applicant or the holder of the EU certificate of the justified decision in written form. If the decision in favor of the applicant / certificate holder is made, the previous outputs and records are cancelled.
Another appeal against the NB 1023 appeal decision shall be subject of an independent court.
A scheme of the appeal handling process is given below.