CAUSES FOR CERTIFICATE/OPINION SUSPENSION AND/OR CONCESSION WITHDRAWAL (CANCELLATION)
CAUSES FOR CERTIFICATE SUSPENSION
A suspension applies to products previously assessed and those with a Conformity Certificate/Opinion issued by UL de Mexico, in the following cases:
- Negative results obtained during the verification process.
- Because of changes in or modifications to specifications or design of products that have not been assessed for reasons attributable to the certificate holder.
- The inspection visit may not be made for reasons attributable to the customer, (NOM-001-SCFI, NOM-003-SCFI, NOM-005-ENER, NOM-014-ENER, NOM-016-ENER-2016, NOM-019-SCFI, NOM-025-ENER, NOM-029-ENER, NOM-030-ENER-2016 and NOM-058-SCFI).
- Characteristics and conditions established in the certificate/opinion are not met, except for those in NOM-003-SCFI, NOM-005-ENER, NOM-016 and NOM-030-ENER (see Cancellation).
- Confirmation of non-compliance of the product with the requirements applicable during the investigation for complaints or claims received.
- Non-compliance with the Certification Service Contract entered into by and between the two parties, which, after analysis, is determined as a cause for suspension.
- When determined by the Agency based on Article 112, Section V, of the Ley Federal sobre Metrología y Normalización (‘LFMN,’ Federal Law on Metrology and Standardization in English), and Article 102 of the Reglamento (Regulations in English) thereto.
- Non-compliance with the Norma Oficial Mexicana (‘NOM,’ Official Mexican Standard in English) that applies for marking or information required by the applicable standard; for NOM-003-SCFI.
- Non-compliance with marking or public information requirements established by NOM; for standards NOM-005-ENER, NOM-016-ENER and NOM-030-ENER.
- Non-compliance with the requirements for marking or labeling or commercial information set out in the NOM; for NOM-029-ENER.
- As for certificates issued under the standard NOM-003-SCFI, NOM-005-ENER, NOM-016-ENER, NOM-029-ENER and NOM-030-ENER, they will be suspended when the certificate holder does not submit to the certification body the Evidence Report derived from follow-ups, 30 calendar days from the date of issue of the Test Report and within the validity of the certificate.
UL de México will notify the customer in writing of this situation, asking the customer to take the corrective actions and/or clarifications considered pertinent within the period specified by UL for this. This period shall be defined according to the case, not being longer than 30 (thirty) calendar days and being within the validity of the certificate.
During the suspension period, the customer may not use the suspended certificate or conformity marks. UL will immediately implement the measures required for the customer to suspend the use of such marks. Once the relevant corrections and/or clarifications have been made, UL will verify that they have been effectively implemented through extraordinary inspection visits or supplementary product tests, as the case may be.
CAUSES FOR CERTIFICATE CANCELLATION OR WITHDRAWAL
Cancelling a certificate of conformity or withdrawing a certificate concession is immediately implemented when:
- The customer does not take the required corrections requested by UL de México to remedy the non-compliance detected within the established periods;
- UL de México proves that certificates or opinions given or documents related to certification have been tampered or forged,
- When an inspector/auditor is present to make an inspection visit, but it cannot be made because the address or company is not real;
- At the customer’s express request, with advance notice in writing (provided that liabilities incurred in the certification have been met at the time that the cancellation has been requested; for standard NOM-003-SCFI, NOM-005-ENER, NOM-016-ENER, NOM-029-ENER and NOM-030-ENER).
- When you have made misleading statements on the use of the certificate.
- Because of non-compliance with specifications in the Norma Oficial Mexicana or Norma Mexicana (‘NMX,’ Mexican Standard in English) referred to, concerning aspects other than marking or information, and also for NOM-029-ENER.
- When determined by the Agency based on Article 112, Section V, of the LFMN, and Article 102 of the Reglamento thereto.
- When changes in the product have been made without having notified the appropriate certification body.
- The document stating conformity assessment results becomes useless or is changed, or the circumstances that gave rise to it cease to be, upon prior party’s request.
- Because of the cancellation of the Production Line Quality Management System Certificate; for NOM-2009-ENER.
- Characteristics and conditions set out in the certificate are not complied.
- Substantial changes have been made in the product; for NOM-016-ENER.
- If applicable, changes made affecting compliance with NOM-005-ENER.
- If, as a result of an ownership extension, any of the importers, distributors or marketers misuses the certificate or opinion given.
If corrections required to remedy a non-compliance in the terms established have not been made, UL will cancel the respective certificate or opinion and terminate the service with advance notice in writing, without prejudice to the appropriate penalties under Ley Federal sobre Metrología y Normalización, Ley Federal de Protección al Consumidor (Federal Consumer Protection Law in English), and other applicable laws.
In any of the cases above, you may not use the cancelled certificate/opinion or UL-MX NOM mark, both on the product and the product promotion/advertising media. Otherwise, UL will immediately take the measures required for the customer to suspend the use of marks.