CE MARK IRECTIVE 95/16/EC “LIFTS AND SAFETY COMPONENTS - IMQ

IMQ RULES
CE MARK
DIRECTIVE 95/16/EC
“LIFTS AND SAFETY COMPONENTS”

Contents
____________________________________________

• IMQ Rules
• Acceptance

This bundle is made up by the Rules, which, after being read carefully thorougly must be signed in
acceptance by means of two signatures on the last page at the points marked.

IMQ RULES

CE Marking

EC Directive 95/16/EC "Lifts and safety components"

Approved by the IMQ General Management on 10 November 2005

CONTENTS
1) - Object of the Rules
2) - General terms and conditions
3) - Application of certification
4) - Use of the EC certifications and application

of the CE Marking
5) - Surveillance of EC certified production
6) - Unauthorised use of CE marking or

improper use of the EC certifications
7) - Renouncement, suspension or revocation of

the EC certification or surveillance activity
8) - Modification of the legislative provisions or

technical standards
9) - Fees
10) - Claims
11) - Conciliation and arbitration

(This is a translation from the original text, in Italian language, which prevails in case of doubt)

IMQ S.p.A. - Via Quintiliano 43 - 20138 Milan
Tel.: 02 50731 – Fax: 02 50991500 – E-mail: [email protected] – www.imq.it

November 2005 Page 1 of 11 Form 512/1

Article 1 - OBJECT OF THE RULES

1.1 These Rules establish the procedures for IMQ to perform activities of evaluation and declaration of
conformity of "lifts" and the respective "safety components," in accordance with the Presidential Decree
162 of 30 April 1999 (hereinafter, DPR 162/99), implementing the Directive 95/16/EC of 29 June 1995
(hereinafter also the "Directive").
The definitions set forth in Article 2 of DPR 162/99 apply to "lifts" and "safety components" (the latter
hereinafter also called "components") for the purposes of this document.

1.2 For the purposes of these Rules, the term "EC certifications" encompasses all the activities of evaluation
and declaration of conformity, in accordance with the various procedures envisaged by Article 6 of the
DPR 162/99.
These activities are performed by IMQ based on specific authorization obtained by the competent national
authorities and notified to the European Commission and the other Member States of the European Union.
The documents issue by IMQ as a notified body for the Directive, in accordance with the evaluation
procedures specified in the various Annexes of the DPR 162/99 are as follows:
- EC Type-Examination Certificate, in accordance with Annex V, for the safety component or lift model;
- Final Examination Certificate, in accordance with Annex VI, for lifts;
- Declaration of approval of Quality Assurance System (Product Quality Assurance), in accordance with
Annex VIII, for the manufacturers of the components;
- Declaration of approval of Quality Assurance System (Total Quality Assurance), in accordance with
Annex IX, for the manufacturers of the components;
- Attestation of Conformity, in accordance with Annex X, for lifts;
- Conformity to type, in accordance with Annex XI, for the components;
- Declaration of approval of Quality Assurance System (Product Quality Assurance), in accordance with
Annex XII, for the individuals installing the lifts;
- Declaration of approval of Quality Assurance System (Total Quality Assurance), in accordance with
Annex XIII, for the individuals installing the lifts;
- EC Examination Certificate of the Design, in accordance with Annex XIII, for lifts, if the design of the
lift does not fully conform to the harmonized standards;
- Declaration of approval of Quality Assurance System (Production Quality Assurance), in accordance
with Annex XIV, for the individuals installing the lifts;

Article 2 - GENERAL TERMS AND CONDITIONS

2.1 The components manufacturer (hereinafter also simply the Manufacturer) or the individual installing the lifts
(hereinafter also simply the Installer) is entitled to choose the procedure to use to assess the conformity,
which it will follow in order to apply the CE Marking on its products, based on the options provided under
Article 6 of DPR 162/99.

2.2 IMQ will perform all the necessary tests and checks on the components or the lifts and the evaluation of
the Quality System of the Manufacturer or the Installer. In addition to its own resources, IMQ may use
independent laboratories or auditors, in compliance with the reference technical standards and the
competent national authority.

2.3 The Manufacturer or the Installer must allow IMQ personnel or third parties hired by IMQ access to the
engineering and production or the assembly and installation, inspection, testing, and warehouse areas,
accompanied, where necessary, by officials of the competent national authority.
If IMQ hires independent collaborators, as experts, it will send notification to this effect to the Manufacturer
or the Installer. The Manufacturer or Installer can oppose the choice of the expert, demonstrating conflicts
of interest that the expert may have in performing the activities subject to evaluation.

November 2005 Page 2 of 11 Form 512/1

2.4 In performing its activities, IMQ reserves the right to recognize the documents issued by other notified
body in accordance with the Directive, as certificates, testing reports, reports attesting to the conformity of
the products or production systems.

2.5 If the Manufacturer of the component or the Installer of the lift for which the CE Marking is being requested
has the Quality System of the place of production certified under the terms of the CSQ System, IMQ may
define, at its own discretion, the criteria of reducing the number of checks of the Quality System, in
accordance with the technical compatibility between the procedures for evaluating the conformity chosen
by the Manufacturer according to the Directive and the checks already made voluntarily by IMQ (CSQ
system).
Making the aforementioned reductions will not invalidate the certification of the complete satisfaction of the
related requirements of the Directive.

2.6 If the Manufacturer of the component or the Installer of the lift for which the EC certification is being
requested wants to concurrently obtain a voluntary IMQ certification for its product (IMQ-UNI and CSv
Marks) or the Quality Assurance System (CSQ System) they must submit separate applications which will
be laid down according the matters set forth in the respective rules.

2.7 Issue or updating of the documents listed under Paragraph 1.2 of these Rules (Certifications, Certifications
of Approval, and Reports) is contingent on payment of the fees:
- for handling the application and documentation;
- for performing the inspections and checks;
- for issue of the document,
according to the IMQ Fee Scale in effect.

2.8 Maintenance of any type of Certification of Approval of the Quality System and performing any
surveillance activity is contingent on payment of the fee required during the surveillance phase.
Otherwise, IMQ will suspend its surveillance activity, sending communication to this effect to the competent
national authority and other notified bodies.
The continuing suspension of the surveillance activity implies, in the case of the Quality System approved
in accordance with DPR 162/99, the successive revocation of the Certification of Approval, since certain
conditions guaranteeing the suitability of the production system are lacking.

2.9 All the documents relating to conformity evaluation activities, in accordance with DPR 162/99, in particular
the inspections, checks and evaluations, are understood to be strictly confidential, except for the matters
prescribed by the DPR as regards, in particular, the competent national authority, the other Member
states and other notified bodies.

2.10 The Manufacturer or the Installer may not make public the application in progress until the positive
outcome of the respective inspections, checks and evaluation.
IMQ may grant an exception to this provision in special, justified cases.

Article 3 – APPLICATION OF CERTIFICATION

3.1 General Information

3.1.1 The Manufacturer or installer must submit the application, filling out the special form available from IMQ.
In particular, the Manufacturer or Installer must specify in the form the procedures selected for evaluating
conformity (Article 6 of DPR 162/99).

November 2005 Page 3 of 11 Form 512/1

3.1.2 The Applicant must enclose the following documents with the application:
- a written declaration that the application has not been submitted to any other notified body;
- the technical documentation required by the selected procedure for evaluating conformity, as specified
in the related Annexes of the DPR 162/99; if the procedure listed under Annex XI is selected for the
components object to the EC Type-Examination Certificate issued by other notified bodies, the
technical documentation related to the types approved must be enclosed, including a copy of the
certifications;
- the administrative documents specified below (only for the first time application):
a) a certificate proving the Manufacturer or Installer is registered with the Chamber of Commerce
of the country of origin;
b) the trademark used on the products object of the application;
c) a copy of these Rules, signed in acceptance.
Additional technical documentation may be included with the application (for example declarations,
certificates of approval, testing reports, reports certifying the conformity of the products or their production
systems to one or more of the essential requirements of the Directive); IMQ acceptance will be given
according to the paragraphs listed in paragraphs 2.4 and 2.5 above.

3.1.3 Upon receiving the application, IMQ will examine it and decide whether to accept it or not.
More specifically:
- For an application for EC Type-Examination Certificate for components (paragraph 3.2 below), this
activity also includes examination of the criteria of uniformity of the family of components object of the
application;
- For an application for Quality System approval (paragraph 3.4 below), this activity also includes type
examination of the products object of the application; any related limitations will be established by IMQ
in accordance with the orientations expressed in terms of co-ordination of the notified bodies for the
Directive.

3.1.4 Regardless of the outcome of the successive examination, IMQ shall retain a copy of the documentation
enclosed with the application.
The components tested in the IMQ laboratories, if returned, are sent to the Manufacturer - at his expense -
in the conditions in which they are found after the testing.

3.2 Application for EC-type examination (Annex V)

3.2.1 The procedure described in Annex V of DPR 162/99 applies to components (Part A) and lifts (Part B).

3.2.2 Once the application is accepted, IMQ undertakes - if necessary - to lay out a specific testing protocol and
communicates to the applicant the schedule of tests and checks planned; in the case of components, it
also communicates the number of samples that must be provided free of charge for the evaluation of
conformity.
IMQ performs the appropriate testing and checks as well as the necessary evaluations on the products
presented and the respective documentation, according to the matters under point 4 of Annex V of the
DPR 162/99.
If the type of component or the lift conforms to the provisions of the Directive, IMQ issues to the
Manufacturer the EC Type-Examination Certificate.
If the result of the testing, checks and examinations is negative, IMQ informs the Manufacturer or the
Installer what it found. The Manufacturer or Installer must then submit another or several other prototypes
no later than the term indicated by IMQ, and the respective documentation with the appropriate changes
made. The cost of repeating the testing and checks will be met by the Manufacturer or Installer.
If the Manufacturer or Installer decides not to proceed in this sense within a defined date, the application
will be considered lapsed and IMQ will provide notification thereof to the competent national authority.

November 2005 Page 4 of 11 Form 512/1

3.2.3 If other applications are submitted subsequently for products similar to the ones already covered by the EC
Type-Examination Certificate, IMQ will decide whether the documentation provided and the necessary
product tests/checks can be reduced, and the degree of this reduction.

3.3 Final examination application (Annex VI)

3.3.1 The procedure described in Annex VI of the DPR 162/99 applies to lifts.

3.3.2 Once the application is accepted, IMQ will plan - together with the applicant - how to perform the final
examination on the lift destined to sale and provide for performing the appropriate tests and checks and
the necessary examinations, according the matters under Point 4 of Annex VI of DPR 162/99.
If the lift conforms to the provisions of the Directive, IMQ will issue the Final Examination Certificate to the
Manufacturer.
If the result of the testing, checks and examinations is negative, IMQ informs the Installer what it found,
providing the necessary details.
After having made the appropriate modifications to the lift, the Installer must submit a new application to
IMQ, specifying how it resolved the non-conformities that had been originally found; the cost of repeating
the testing and checks will be met by the Installer.
If the Installer decides not to proceed in this sense within a defined date, the application will be considered
lapsed and IMQ will provide notification thereof to the competent national authority.

3.4 Application for Quality System Approval (Annexes VIII – IX – XII – XIII – XIV)

3.4.1 The application for Quality Assurance System approval can be submitted for components (according to
one of the procedures described in Annexes VIII or IX of DPR 162/99) and for lifts (according to one of the
procedures described in Annexes XI or XIV of DPR 162/99).
Submission of the application according to one of the aforementioned procedures implies automatic
acceptance by the Manufacturer or the Installer of activation of the continuous surveillance procedures.

3.4.2 Once the application is accepted, IMQ will examine and evaluate the Quality Assurance System to
determine if it meets point 3.2 of the related Annex of DPR 162/99.
The evaluation procedure includes an inspection of the production site of the Manufacturer or the Installer
and at his work site.

3.4.3 If the Quality Assurance System meets the requirements, IMQ will issue the Manufacturer or the Installer
the related Declaration of Approval of the Quality System.
If the results of the inspections come out negative, IMQ will inform the Manufacturer or the Installer
regarding what it found, asking for evidence of the consequent corrective actions adopted. The cost of
repeating the testing and checks will be met by the applicant. If the Manufacturer or Installer fails to adopt
the appropriate corrective measures to adapt its Quality Assurance System, the application will be
considered lapsed and IMQ will provide notification thereof to the competent national authority.

3.4.4 If an application is submitted according to the procedure under Annex XIII and the design of the lift does
not conform fully to the harmonized standards, IMQ will also check if this design conforms to the
requirements of the Directive.
If the result of the check is positive, IMQ will issue the Installer the EC Examination Certificate of the
Design.
If the results of the inspections come out negative, IMQ will inform the Installer of its findings, providing all
necessary details. After making the appropriate modifications to the design, the installer must present a
new application to IMQ, specifying how it resolved the non-conformities found previously; the cost of
repeating the testing and checks will be met by the Installer.

November 2005 Page 5 of 11 Form 512/1

3.5 Application for attestation of a conformity (Annex X)

3.5.1 The procedure described in Annex X of DPR 162/99 applies to lifts.

3.5.2 Once the application is accepted, IMQ will plan - together with the applicant - how to inspect the lift
destined to sale and provide for performing the appropriate tests and checks and the necessary
examinations, according the matters under Point 4 of Annex X of DPR 162/99.
If the lift conforms to the provisions of the Directive, IMQ will issue the attestation of Conformity to the
Manufacturer.
If the result of the testing, checks and examinations is negative, IMQ informs the Installer what it found,
providing the necessary details.
After having made the appropriate modifications to the lift, the Installer must submit a new application to
IMQ, specifying how it resolved the non-conformities that had been originally found; the cost of repeating
the testing and checks will be met by the Installer.
In the case that the Installer decides not to proceed in this sense within a defined date, the application will
be considered lapsed and IMQ will provide notification thereof to the competent national authority.

3.6 Application for EC-type examination (Annex XI)

3.6.1 The procedure described in Annex XI of DPR 162/99 applies to lifts.

3.6.2 After the application is accepted, IMQ will send the Manufacturer notification of acceptance of the
assignment granted.
The checks will be peformed at random intervals, according to the matters indicated in paragraph 5.4
below of these Rules.

Article 4 – USE OF THE EC CERTIFICATIONS AND APPLICATION OF CE MARKING

4.1 The Manufacturer or the Installer is entitled to use CE Marking on the products that have obtained from
IMQ CE certifications described in paragraph 1.2 of these Rules - save for the ones issued in accordance
with Annex V of the DPR 162/99 - , in accordance with the methods foreseen under Article 7 of DRP
162/99.
This CE Marking must be followed by the code reference 0051, which identifies IMQ as the notified body,
attesting to IMQ's intervention in the surveillance phase of production.

4.2 For the products that have obtained from IMQ CE Certification in accordance with the procedure foreseen
in Annex V of the DPR 162/99 (EC Type-Examination Certificate), the Manufacturer or the Installer must
subsequently obtain additional certification, according to one of the procedures belonging to the production
phase, before affixing the CE Marking.

4.3 It is strictly prohibited to use any marks or registrations on products that can be confused with the CE
Marking.
The Manufacturer or the Installer must make an unequivocal distinction between the products with CE
Marking and those which do not bear these certifications.

4.4 Use of the CE certificates issued by IMQ is strictly reserved to the Manufacturer or the Installer and cannot
be transferred, except in the event that the company is sold or transformed.
In this case, the company must notify IMQ to this effect immediately. IMQ will take note of the change,
reserving the right to issue- if necessary - new certification.
Before doing so, IMQ will also evaluate the need to make additional checks, whose cost will be met by the
applicant company, according to IMQ fees.

November 2005 Page 6 of 11 Form 512/1

Article 5 – SURVEILLANCE OF EC CERTIFIED PRODUCTION

5.1 General Information

5.1.1 The Manufacturer or Installer must adopt the appropriate procedures to guarantee that the production
constantly meets the requirements of the Directive.

5.1.2 The choice made between the possible options (Art. 6 of DPR 162/99) must be communicated to IMQ by
the Manufacturer or the Installer using the special form (see paragraph 3.1 of these Rules); the same
method must be used if the Manufacturer or Installer intends to change the type of option.

5.2 Surveillance of the Manufacturer's Quality Assurance System (Annexes VIII, IX)

5.2.1 The Manufacturer must meet the obligations arising from the approved Quality Assurance System and
must do what it can to ensure that the system is adequate and effective.

5.2.2 The Manufacturer must notify to IMQ about all the changes it intends to introduce in the design or in
organization of the production systems of the components covered by EC certification.
These modifications are object of a specific examination by IMQ, which evaluates whether these require
additional tests, checks, examinations or appraisals; if positive, IMQ will proceed as described in the above
listed Article 3 of these Rules.

5.2.3 At least once a year, IMQ must perform surveillance inspections to make sure that the Manufacturer is
maintaining and applying the approved Quality Assurance System.
These visits will be announced in advance to the Manufacturer, which undertakes to allow IMQ to perform
all the inspections necessary and make available all the information and documentation specified under
Point 4.2 of the related Annex of DPR 162/99.

5.2.4 IMQ also reserves the right to make not announced visits with a view to ensuring that the Manufacturer is
maintaining and applying the approved Quality Assurance System.
During these visits, IMQ can also perform or order testing to be done in order to certify the proper
functioning of the Quality Assurance System.

5.2.5 Following of the aforementioned visits, IMQ will issue an inspection report and, if tests were performed, a
testing report.

5.2.6 If IMQ finds non-conformities in the approved Quality Assurance System or in any component covered by
EC certification, IMQ will ask the Manufacturer to take the necessary corrective actions, within a certain
date. IMQ will also check the adequacy and efficiency of the corrective actions indicated.

5.2.7 In more serious cases or repeatedly negative results of testing, IMQ will warn the Manufacturer to suspend
production and supply to the market of all the products covered by EC certification; IMQ evaluates if it is
necessary to also proceed with suspension or revocation of the validity of the EC Type-Examination
Certificate, coordinating with the notified body that has issued it, if this was not IMQ.
The warning letter will be annulled only after IMQ has noted that the technical steps have been taken to
ensure its future conformity.
If the warning letter is not annulled within six months, IMQ will revoke the EC certifications involved.

5.2.8 Any costs related to the activities resulting from the negative result found are met by the Manufacturer,
according to IMQ fees.

November 2005 Page 7 of 11 Form 512/1

5.3 Surveillance of the Installer's Quality Assurance System (XII, XIII, XIV)

5.3.1 The Installer must meet the obligations arising from the approved Quality Assurance System and must do
what it can to ensure that the system is adequate and effective.

5.3.2 The Installer must notify IMQ regarding all the changes it intends to introduce in the design or in
organization of the production of the lifts covered by EC certification.
These modifications are object of a specific examination by IMQ, which evaluates whether these require
additional tests, checks, examinations or appraisals; if positive, IMQ will proceed as described in the above
listed Article 3 of these Rules.

5.3.3 At least once a year, IMQ must perform surveillance inspections to ensure that the Installer is maintaining
and applying the approved Quality Assurance System.
These visits will be announced in advance to the installer, which undertakes to allow IMQ to perform all the
inspections necessary and make available all the information and documentation specified under Point 4.2
of the related Annex of DPR 162/99.

5.3.4 IMQ also reserves the right to make not announced visits to the work site set up for installing the lift, view
to ensuring that the Installer is maintaining and applying the approved Quality Assurance System.
During these visits, IMQ can also perform or order testing to be done in order to certify the proper
functioning of the Quality Assurance System.

5.3.5 Following of the aforementioned visits, IMQ will issue an inspection report and, if tests were performed, a
testing report.

5.3.6 If IMQ finds non-conformities in the approved Quality Assurance System or in any lift covered by EC
certification, IMQ will ask the Installer to take the necessary corrective actions, within a certain date. IMQ
will also check the adequacy and efficiency of the corrective actions indicated.

5.3.7 In more serious cases or repeatedly negative results of testing, IMQ will warn the Installer to suspend
production and supply to the market of all the products covered by EC certification; IMQ evaluates if it is
necessary to also proceed with suspension or revocation of the validity of the EC Type-Examination
Certificate, coordinating with the notified body that has issued it, if this was not IMQ.
The warning letter will be annulled only after IMQ has note that the technical steps have been taken to
ensure its future conformity.
If the warning letter is not annulled within six months, IMQ will revoke the EC certifications involved.

5.3.8 Any costs related to the activities resulting from the negative result found are met by the installer,
according to IMQ fees.

5.4 Checks for EC-type conformity (Annex XI)

5.4.1 The Manufacturer must adopt all the measures necessary so that the manufacturing process ensures
conformity of the components manufactured to the type object of the EC Type-Examination Certificate and
the applicable requirements of the Directive.

5.4.2 Every so often, IMQ will perform checks on the place of production, in order to certify conformity of
production to the related requirements of the Directive.
As a rule, these checks will be performed once a year, according to a specific testing plan drawn up by
IMQ in accordance with the instructions expressed to co-ordination of the notified bodies for the Directive.

November 2005 Page 8 of 11 Form 512/1

5.4.3 If the tests defined in the programme, or part thereof, cannot be performed at the manufacturer's premises,
they will be performed at IMQ laboratories (see also paragraph 2.2 above).
In this eventuality, the Manufacturer undertakes to help IMQ take the necessary samples and by request of
the inspector, to send to IMQ - free of charge - these samples, taking all the necessary precautions so that
they reach their destination no later than one month after the date of sampling.
In the event of a positive outcome of the tests performed, IMQ will issue the manufacturer certification of
this result.

5.4.4 If one or more of the products tested was found to not conform to the essential requirements of the
Directive, IMQ will inform the manufacturer in writing and take the appropriate measures to prevent these
products from entering the market.

Article 6 – UNAUTHORISED USE OF CE MARKING OR
IMPROPER USE OF THE EC CERTIFICATION

6.1 Use of the CE Marking or EC certifications is prohibited when such use can mislead the purchaser as to
the nature, quality, or origin of the lift or the component, and specifically, when:
- the products are not manufactured according to the technical documentation submitted to IMQ for
issue of the certifications under Paragraph 1.2 of these Rules;
- the Manufacturer or the Installer has failed to meet the obligations specified in these Rules.

Article 7 - RENOUNCEMENT, SUSPENSION OR REVOCATION OF THE
EC CERTIFICATION OR SURVEILLANCE ACTIVITY

7.1 Renouncement

7.1.1 If the Manufacturer or the Installer should decide to relinquish the constant monitoring by IMQ (surveillance
of the Quality Assurance System or verification of type conformity with sample checks on the components),
the Manufacturer or Installer must give written notification to this effect with at least two months notice,
also undertaking:
- to cease to use the CE Marking, furnished with the IMQ code reference (0051) and to cease to refer to
IMQ as a notified body;
- to inform IMQ, within 15 days from the date of this renouncement, the amounts of stock in its
warehouses and production facilities that refer to IMQ as a notified body (e.g. the code reference
0051);
- to eliminate from its warehouses and production facilities the products in question, within a period that
IMQ shall dictate.

7.1.2 The Manufacturer or Installer must give written communication if it decides to void a EC Type-Examination
Certificate issued by IMQ.
This notification will imply the automatic voiding of the respective surveillance activity, if performed by IMQ;
in this eventuality, the matters set forth in Paragraph 7.1.1 apply.

7.1.3 IMQ will void the EC certificates issued, informing of the relinquishment the competent national authority,
the other Member States and any other notified bodies, in compliance with the provisions of DPR 162/99.
IMQ will also cancel the name of the relative types from the directory of EC certified products.

November 2005 Page 9 of 11 Form 512/1

7.2 Suspension or revocation

7.2.1 The continuous production surveillance activity (surveillance of the Quality Assurance System or
verification of type conformity) can be suspended, revoked or subject to limitation by IMQ pursuant to non-
performance by the Manufacturer or Installer, and specifically in the following cases:
- bankruptcy of the Manufacturer or Installer;
- non-payment of IMQ invoices if the Manufacturer or Installer fails to pay after one month has passed
since a warning letter was send by registered letter;
- non-compliance of the undertakings assumed as regards maintaining product conformity, leading to
gross negligence;
- unauthorised use of the CE Marking (see article 6 of these Rules).

7.2.2 The validity of the EC Certificates issued by IMQ can be suspended or revoked in the cases foreseen by
Article 5 or in the cases of non-compliance described in Paragraph 7.2.1 above.

7.2.3 Suspension or revocation will consider the principle of proportionality and can be voided as soon as the
Manufacturer or Installer demonstrates to have adopted the appropriate corrective actions.

7.2.4 In the event of revocation, the Manufacturer or Installer is required to immediately suspend use of the EC
Marking for the products in question and eliminate any reference to certificates in his catalogues and
advertisements.
IMQ will give appropriate notification of the steps taken to the competent national authority and other
notified bodies.
IMQ also has the right to ask for a modification of the type references of the product for which the EC
certification was cancelled.

7.2.5 If the EC Certification has been revoked for a product currently on the market due to dangerous defects,
IMQ may require the Manufacturer or the Installer to withdraw from the market all stocks of the product in
question and concurrently notify the competent national authority and other notified bodies.

7.2.6 IMQ shall not allow applications for products for which the continuous production surveillance has been
revoked due to non-compliance unless the Manufacturer or Installer has demonstrated to have taken all
the necessary steps that IMQ considers, at its discretion, sufficient to avoiding a repetition of the non-
compliance which gave rise to the original revocation.

Article 8 - MODIFICATION OF THE LEGISLATIVE PROVISIONS OR TECHNICAL STANDARDS

8.1 If modifications are introduced to the legislative provisions in question (Directive or DPR 162/99) or in the
technical standards that can affect the compliance with the essential requirements of the Directive and the
validity of EC Certificates, IMQ shall notify the Manufacturer or the Installer, who has the right to adjust its
products or the company Quality Assurance System to comply with the new rules by an agreed date or
relinquish authorization to use the CE Marking.

8.2 If the Manufacturer or Installer decides to make the necessary adjustments to meet the new provisions,
IMQ has the right to repeat any tests and checks on the products or evaluations of the Quality Assurance
System it considers necessary and request new documentation.
The costs for these activities are met by the Manufacturer, according to IMQ fees.

November 2005 Page 10 of 11 Form 512/1

Article 9 - FEES

9.1 The fees related to the activities object of these Rules are decided by IMQ based on criteria of equity and
proportionality.

9.2 If IMQ changes the fees it charges for surveillance activities, it will notify all the manufacturers and
installers involved by registered letter.
The Manufacturer or Installer has the right to relinquish the IMQ certification, including only for individual
components or lifts, within one month after the fee change notification.

9.3 During the period of notice, IMQ will apply the fee that was valid before the changes were made to the
Manufacturer or the Installer who exercises the right to renouncement under Paragraph 9.2.

Article 10 – CLAIMS

10.1 In phases of EC Certification application or in subsequent production surveillance phases, the
Manufacturer or Installer can make a claim against any decision by IMQ, stating the reasons for the
complaint within 30 days after the respective notification.

10.2 IMQ must handle the claim within one month after its submission.
The claim must be dealt with by a body other than the body that has taken the disputed decision, after
hearing the parties involved.
IMQ will notify the Manufacturer or Installer in writing of its decision no later than 3 months after the claim
is submitted.

10.3 Costs related to the claim are met by the Manufacturer or the Installer, according to prevailing rates, unless
his claim is decided in the favour of the claimant.

Article 11 - CONCILIATION AND ARBITRATION

11.1 Any disputes might arise with regard to these Rules, including as to its validity, interpretation, performance
and resolution, shall be sent to the Board of Arbitration of Milan in order to reach a settlement that satisfies
both parties.
If a settlement cannot be reached, the dispute will be equitably settled by a single arbitrator, without the
need to follow set procedures. This arbitrator will be selected by mutual agreement, in compliance with the
National Arbitrating Rules of the Board of Arbitration of Milan.
The parties undertake to accept and implement the decisions of the Arbitrator without delay, recognizing
this as an expression of its contractual will.
The costs of the arbitration are met by the losing party. Arbitration shall take place in Milan.

11.2 All disputes regarding requests for payment to IMQ of amounts payable under these Rules (paragraphs
2.7, 2.8, 3.2.2, 3.3.2, 3.4.3, 3.4.4, 3.5.2, 4.4, 5.2.8, 5.3.8, 8.2, 10.3) or as restitution or settlement of
damages are expressly excluded from arbitration.
These disputes will be settled by the Court of Milan.

November 2005 Page 11 of 11 Form 512/1

ACCEPTANCE

Regulation approved by the General Management of IMQ S.p.A. on 2005/11/10.
The Applicant declares to have carefully read and to approve the IMQ Rules: “CE
Marking – Directive 95/16/EC: Lifts and safety components”.

Date:
Signature of the Legal representative* and Company Stamp:

* Complete and legible signature

In accordance with and to the effects under Article 1341 and 1342 of the Italian Civil
Code, the Applicant expressly approves Articles 2 (General terms and conditions), 6
(Unauthorised use of the CE marking or improper use of the EC certifications), 7
(Renouncement, suspension or revocation of the EC certification or surveillance
activity), 8 (Modification of the legislative provisions or technical standards), 9 (Fees),
10 (Claims) and 11 (Conciliation and arbitration).
Date:
Signature of the Legal representative* and Company Stamp:

* Complete and legible signature