As I described in my last post, all eight UK ATEX Notified Bodies have taken steps to establish an ATEX NB operation in the EU27, and so far five of them have completed the process, beginning with Certification Management Limited (CML), while the remaining three are only one short step away from doing so. In this article, I outline in a little more detail the establishment of CML B.V. (Netherlands) as an EU Notified Body, and attempt where possible to trace the transfer of certificates to it from CML UK or other UK NBs.
Certification Management Limited was taken over by Eurofins Scientific (headquartered in Luxembourg) in January 2019, and is now called Eurofins E&E CML Limited. The Dutch CML B.V. is a subsidiary of the UK company. CML B.V. achieved accreditation by the Dutch Accreditation Council in March 2018:
to carry out a full range of conformity assessment procedures (continuing for 7 pages of the schedule) under the ATEX Directive:
CML BV became an ATEX Notified Body two months later on 17 May 2018:
with NB number 2776:
and a full scope (continuing for 4 pages), corresponding to the accreditation schedule:
CML began to advertise the fact that ATEX certificate holders could ‘Brexit-proof’ them by transferring them to CML Netherlands:
CML UK would ‘handle all enquiries and manage the projects’ on behalf of CML Netherlands, suggesting that the latter operation is on a relatively small scale:
In December 2018, 100 days before the 31 March 2019 deadline, CML believed, apparently correctly, that they were the only conformity assessment body able to offer both CE and UKCA (UK Conformity Assessed) marking 1:
This situation was about to change, however, as I described in my last post, with four further UK ATEX Notified Bodies, Ex Veritas in Denmark, SGS in Finland, FM Approvals in Ireland, and Intertek in Italy, establishing an ATEX NB operation in the EU27 during the first three months of 2019.
The transfer of CML certificates
Certificates issued by the new body may record a transfer from CML UK. For example, this EU Type Examination Certificate issued by CML B.V. to a German manufacturer:
was transferred in December 2018:
One CML B.V. certificate held by the UK manufacturer CMP Products Ltd:
states that it replaces a certificate issued by Sira (one of the other 7 UK ATEX Notified Bodies) for the identical product:
CMP explained in a February 2019 statement that their decision to change their certifier had resulted from the statement (or, rather, claim) made by the European Commission in January 2018 that UK NB certificates would lose their validity in the event of No Deal:
CMP hold 34 other CML ATEX certificates according to their web-site (select ‘ATEX’), of which the following 6 at least were all also transferred from Sira:
Two web searches
In an attempt to gain some impression of the extent to which certification has been transferred already from the UK to the EU27, I conducted two web searches, one for ATEX Notified Body interventions by CML UK, and one for interventions by CML B.V.
a) CML UK certificates
A search for ATEX Notified Body interventions by CML UK:
Notified + Body + 2503 + 2014/34/EU
yielded the following results, arranged by country of manufacturer. I have abbreviated EU Type Examination Certificates as EUTECs, Quality Assurance Notifications as QANs, and Certificates of Receipts of Technical Documentation, also known as EU Technical File Receipts, as TDRs (for Technical Documentation Receipts) 2 (I suppose that the terms ‘Prime certificate’, ‘1st issue’ and ‘Initial issue’ which appear variously on the certificates all have the same meaning):
EUTEC. Scancon, Denmark. ‘Prime certificate’: Oct 2016. Last variation: Feb 2018.
EUTEC. 17ATEX1106U. Bartec, Germany. ‘Prime certificate’: Aug 2017.
EUTEC 18ATEX5194X. Nivus, Germany. ‘Prime certificate’: Jul 2018. (+18ATEX2193X)
EUTEC. Pepperl+Fuchs, Germany. ‘Prime certificate’: Jul 2016. Last variation: Oct 2018.
EUTEC. CML16ATEX1090X. MTS Technologie, Germany.
EUTEC. 15ATEX2128X. Braun, Germany. ‘Prime certificate’: Jan 2017.
DoC. Clemens Lammers, Germany. QAN: CML ATEXQ676.
EUTEC 17ATEX3111U. Cortem, Italy. ‘Prime certificate’: Jun 2017; Last variation: May 2018. (+15ATEX3188)
QAN ATEXQ935. Index Electro, Netherlands. 1st issue: Oct 2016.
EUTEC. Raytec, UK. ‘Prime certificate’: Dec 2013; last variation: Apr 2017.
QAN. PPI Engineering, UK. Expired: Dec 2018.
EUTEC. Abtech, UK.
EUTEC 14ATEX3107. Hubbell, UK. (+18ATEX3358X)
EUTEC 15ATEX1120X. Pneumatrol, UK. (+15ATEX1119X)
EUTEC. Casella, UK.
EUTEC. HMI Elements, UK.
DoC. IMI Precision Engineering, UK. EUTEC: CML; QAN: SGS Baseefa.
EUTEC. Extronics, UK.
QAN. Cinch Connectivity, UK. August 2020.
EUTEC. Sensonics, UK. (cached only)
EUTEC CML 15ATEX2122X. Trolex, UK. (+15ATEX1013X)
EUTEC. Barrier-Ex, UK.
EUTEC. Controlled Systems, UK
EUTEC. CML 16ATEX2050X. BxLAN, UK.
EUTEC. CML 13ATEX3005X. Petrel, UK.
EUTEC 16ATEX3396X. SA Equipment, UK.
EUTEC. 16ATEX6153X. Elecex, UK.`
DoC. Beka Associates, UK. EUTEC: CML18ATEX3128U.
DoC. Eaton MEDC, UK. EUTEC: CML14ATEX3045
Rest of the world
EUTEC. Cooper Electric, China.
TDR. 16ATEXT382. CSE Chiang Sung, China. November 2016-November 2026.
EUTEC. TaeChin, Korea.
EUTEC. Precision Digital, USA.
EUTEC. Ice Qube, USA.`
EUTEC 14ATEX3033U. Rockwell Automation, USA.
EUTEC 17ATEX1297X. Amphenol, USA.
EUTEC. 16ATEX1325X. Killark, USA.
Of 37 manufacturers, 20 are based in the UK, 9 in the EU27, and 8 in the rest of the world, of which 5 are in the USA.
a) CML B.V. (Netherlands)
A similar search for ATEX Notified Body interventions by the new Notified Body CML B.V. (Netherlands):
Notified + Body + 2776 + 2014/34/EU
yielded the following results:
QAN. ATEXQ12054. Van Houcke, Belgium. November 2018 – October 2021.
QAN. ATEXQ11814. Chromatotec, France. November 2018 – September 2021.
EUTEC. 17ATEX1117X. Bartec, Germany. Transfer from CML UK to CML BV: Dec 2018.
EUTEC. 19ATEX2096X. Heinrichs, Germany. ‘Prime certificate’: Mar 2019.
EUTEC. 18ATEX1212X. Index Electro, Netherlands. ‘Prime certificate’: July 2018. (+18ATEX3276X. Prime certificate: December 2018)
EUTEC. 18ATEX1320X. CMP Products, UK. Transferred from Sira (13ATEX1265X) on 18 February 2019.
EUTEC. 15ATEX1143X. Trolex, UK. Transferred 6 December 2018, from CML UK as demonstrated below..
EUTEC. 17ATEX5237X. Quazr LED, UK. 1st Issue: March 2019.
EUTEC. 18ATEX3372X. Wolf Safety, UK. ‘Prime certificate’: February 2019.
EUTEC. 19ATEX1166X. Hawke, UK. ‘Prime certificate’: June 2019.
Rest of the world
EUTEC. 19ATEX1289X. Killark, USA. Initial issue; June 2019.
EUTEC. 17ATEX1052X. Siemens, USA. Transfer from CML UK to CML BV: 27 March 2019.
5 of the manufacturers are based in the EU27, 5 in the UK, and two in the rest of the world, both of which are in the USA.
In 4 of the 12 cases, the certificate records a transfer, two from CML UK, one from Sira, and one unidentified on the certificate, but which can be shown to be from CML UK (see Addendum).
4 out of 5 of the EU27 certificates appear to be first issues, possibly indicating, admittedly on slender evidence, that the establishment of the new operation in the Netherlands, though occasioned by Brexit, could be reaping benefits for CML in market penetration.
i) Even though CML has been offering EU27 ATEX Notified Body services since May 2018, web searches still found more than three times as many manufacturers certified by CML UK as by CML B.V. (It is possible of course that some manufacturers have made the transfer but not yet uploaded the new certificate to their web-site.)
ii) A little over half of the potentially exposed manufacturers are located in the UK. The remainder are divided nearly equally between the EU27 and the rest of the world.
iii) Four examples of certificate transfer were found, three from CML UK, and one from Sira. These cases demonstrate that the process is available for manufacturers who choose to make use of it.
iv) The preponderance of First Issues among the CML B.V. certificates suggests that the new subsidiary may possibly be generating new work for CML UK, which will continue to manage the projects.
Addendum: Manufacturers holding both CML UK and CML B.V. certificates
Three companies in the above lists are holding at least one CML UK certificate and one CML B.V. certificate on their web-site. The Dutch company Index Electro holds a Quality Assurance Notification issued by CML UK in October 2016, and an EU Type Examination Certificate apparently first issued by CML B.V. in July 2018. It would presumably have been convenient for it to use the local Dutch CML subsidiary for the certification of new products.
The German company Bartec holds one CML UK EUTEC, for an Illuminated Indicator Module, issued in August 2017:
and one CML B.V. EUTEC, for a Control Module, first issued by CML UK in October 2017, and transferred to the Dutch subsidiary in December 2018 (also shown above):
It is not apparent why one has been transferred and the other not. One possibility might be that a customer for the second product required an EU27 certificate to ensure continuity of supply in the event of a No Deal UK exit.
The UK manufacturer Trolex holds 53 ATEX certificates according to its web-site, of which all but three were issued by either Sira or Baseefa/SGS Baseefa, with the remainder issued by CML. A CML UK EUTEC was first issued in April 2016:
while a CML B.V. EUTEC was first issued by CML UK (for which see below) in December 2015, and then transferred to the Dutch subsidiary in December 2018:
That the transfer was from CML UK is apparent from a manual, dated 2016, which shows the same product with the same CML certificate identifier:
One difference between the two certificates is that the first is held by Trolex alone:
whereas the second, for a Connector, is held jointly by Trolex and PEI-Genesis UK:
the address of the latter being that of a 7,000 square metre production facility ‘serving the European market’ and dedicated among other purposes to the fast assembly of connectors:
It may be that it was PEI-Genesis that required the early transfer to CML B.V. to ensure access to the EEA market in the event of a No Deal exit. That the third Trolex CML certificate, for another connector, is also issued by CML B.V. may be due to its first issue being in November 2018, after the Dutch notification, or to it also being held jointly with PEI-Genesis, or for both reasons:
- A UKCA mark will not be necessary immediately after a No Deal exit. The CE mark will also be accepted for a period of time, not yet determined. After that, the UKCA mark will be required, and EU27 Notified Bodies will not necessarily be able to supply the required certification. ↩
- For an explanation of these three types of certification, see my last post. ↩