ASG Cert GmbH | Certification agreement

Certification Agreement between ASG Cert GmbH, represented by Pedro F. Pitzinger, Innere Wiener Str. 30, 81667 Munich (hereinafter referred to as the “Certifier”), and the applying company (hereinafter referred to as the “Applicant”).

The Applicant commissions the Certifier to perform certification activities and the associated necessary procedural steps for the products and scopes applied for. Where applied for and applicable, this includes certification under ISCC EU in accordance with Directive (EU) 2018/2001 (Renewable Energy Directive), as amended by Directive (EU) 2023/2413, BioKraft-NachV and BioSt-NachV, as well as certification within the scope of the 37. BImSchV (ISCC EU and ISCC EU RFNBO).

Obligations of the Applicant

1. The Applicant shall register its entity with the relevant certification scheme no later than 4 weeks before the scheduled audit.
2. By signing this agreement, the Applicant assures the Certifier:
   1. that it meets the relevant requirements of the certification scheme and, where applicable, the legal and regulatory requirements within the relevant scope, in particular:
      • the requirements of BioKraft-NachV, BioSt-NachV and the 37. BImSchV, including the requirements of the German Accreditation Body (DAkkS) and the Federal Office for Agriculture and Food (BLE),
      • the requirements of the 37. BImSchV (ISCC EU RFNBO) and the applicable requirements and conditions of the German Environment Agency (UBA),
      and thus all certification requirements, including the implementation of relevant changes communicated by the certification scheme or the Certifier;
   2. that the product continues to meet the product requirements where certification applies to ongoing production;
   3. that it makes all necessary arrangements for
      • the performance of evaluation and surveillance (in particular by providing relevant documents and records, e.g. the quality management manual, procedures, personnel records, internal audit records, records of complaints and resulting actions, etc.),
      • the investigation of complaints,
      • the participation of observers, where necessary;
   4. that it makes statements concerning certification only in respect of the scope for which certification has been granted;
   5. that it does not use its product certification in a manner that the certification body could consider unauthorised and misleading or that could bring the certification body into disrepute;
   6. that, following suspension, withdrawal or expiry of certification, it ceases all advertising relating to that certification and, where applicable, takes further measures required by the certification scheme or the Certifier (e.g. immediately ceasing sales of certified goods);
   7. that copies of certification documents are provided to third parties only in their entirety or in accordance with the certification scheme requirements;
   8. that it meets the Certifier’s requirements when referring to its product certification in documents, brochures or other advertising material (see also the General Terms and Conditions of ASG Cert GmbH);
   9. that it meets all requirements specified by the certification scheme concerning the use of conformity marks and information about the product (see also the General Terms and Conditions of ASG Cert GmbH);
   10. that it retains records of all complaints made known to it concerning compliance with certification requirements, makes these available to the Certifier upon request and
       • that the necessary measures are taken to investigate such complaints,
       • that it takes appropriate action in respect of such complaints and
       • documents these actions appropriately.
3. Where group certification is sought (e.g. first gathering points for agricultural biomass or collectors of waste or residues), the Applicant (= group manager) also bears the following responsibilities:
   1. At least one agricultural holding or point of origin of waste or residues shall be included in the group certification.
   2. The Applicant is responsible for ensuring traceability and the correct application and transmission of GHG emissions information.
   3. Group members confirm that their activities comply with the certification scheme requirements and applicable laws and legal requirements (in particular Directive (EU) 2018/2001 (RED II), as amended by Directive (EU) 2023/2413 (RED III)).
   4. All required documents (e.g. contracts) between the Applicant and its group members shall be available for evaluation or surveillance.
   5. Group members agree that they may be included in the certification audit as part of a sample and shall grant the auditors of ASG Cert GmbH access for this purpose.
   6. The Applicant shall ensure that any observers of an evaluation (e.g. DAkkS or another national accreditation body, BLE, UBA or representatives of the certification scheme) are also granted access to the premises or sites of group members. This also applies where a defined sample is extended.
4. In connection with certification, the Applicant shall allow external observers, including members of national accreditation bodies (e.g. DAkkS or the national accreditation body of the respective country), BLE and UBA:
   1. access to business, operating and storage premises and means of transport,
   2. the performance of inspections,
   3. access to business records and the making of copies,
   4. the obtaining of necessary information.
   This also applies to member operations evaluated as part of group certification.
5. The Applicant shall promptly inform the Certifier of changes relevant to certification, such as
   1. an intended modification of the product or manufacturing process, or other relevant technical changes;
   2. changes in the raw material base;
   3. a switch from default values to a site-specific GHG calculation;
   4. changes in ownership structure or responsible management (e.g. key positions or relevant technical personnel);
   5. changes to contact addresses or production sites;
   6. significant modifications to the quality management system insofar as they affect certification;
   7. the occurrence of other events that may affect certification.
6. The Applicant agrees that the Certifier may subcontract certification-related work to an external organisation or person. Responsibility for the certification process shall in all cases remain with the Certifier.
7. By signing the certification agreement, the Applicant also accepts the General Terms and Conditions of ASG Cert GmbH. These are available on the ASG Cert GmbH website.

Obligations of the Certifier

8. The Certifier shall provide the Applicant with an audit plan no later than the time of the audit. This audit plan shall include, among other things:
   • an anticipated schedule
   • the names, roles and contact details of the persons involved in certification on behalf of the Certifier
   • the necessary documents to be provided to the Certifier before the evaluation is performed
9. Following a successful audit, the Certifier shall issue the Applicant’s certificate within a reasonable time. The Certifier is responsible for forwarding the certificate data to the certification scheme and to DAkkS or the national accreditation body of the respective country/BLE/UBA.
10. If evaluation or surveillance activities identify nonconformities with certification scheme requirements or relevant legal requirements (in particular Directive (EU) 2018/2001, as amended by Directive (EU) 2023/2413, BioKraft-NachV, BioSt-NachV, the 37. BImSchV and the requirements of DAkkS, BLE and UBA, where applicable), corrective actions must be defined and implemented.
    1. Minor nonconformities (“minor non-conformities”)
       These nonconformities must be closed by the Client through appropriate corrective and/or preventive actions no later than 40 days after identification. The Certifier shall assess whether the actions are sufficient. Repeated occurrence of the same minor nonconformity shall result in its classification as a major nonconformity.
    2. Major nonconformities (“major non-conformities”)
       An existing certificate shall be suspended with immediate effect for a maximum of 40 days or until the end of its validity period, whichever is earlier. During this period, the Client has the opportunity to close all nonconformities through corrective actions. The Certifier shall assess whether the actions are sufficient. If this is not achieved, no certificate may be issued or an existing valid certificate shall be withdrawn. The certification scheme shall be informed. Where a certificate is suspended, the system user has 40 days or until the end of the suspended certificate’s validity period to resolve all identified nonconformities by implementing appropriate corrective actions specified by the certification body. The system user is responsible for demonstrating compliance with ISCC requirements. If all major nonconformities are not resolved and/or compliance with ISCC requirements cannot be demonstrated within the suspension period, the certification body must declare the certificate invalid and withdraw it with immediate effect. Recertification is then possible immediately. This requires a new evaluation by the certification body confirming full conformity with the certification requirements.
    3. Critical nonconformities (“critical non-conformities”)
       An existing valid certificate shall be withdrawn with immediate effect and the certification scheme shall be informed. ISCC may exclude the system user from recertification for up to 12 months where the nonconformity involves ordinary negligence on the part of the system user, and for up to 60 months in cases of gross negligence or intent.
11. The Certifier undertakes to maintain confidentiality towards third parties in respect of all information obtained from the audit and certification process, including beyond the actual certification period. This includes information about the Applicant obtained from other sources.
    This does not apply to breaches of certification rules insofar as these must be disclosed to the certification scheme or government bodies. Access to the Applicant’s information and data by the German Accreditation Body (DAkkS) and the Federal Office for Agriculture and Food (BLE) in the course of assessments to which the certification body is subject under the prescribed accreditation to ISO 17065 is also excluded. These authorities undertake to maintain confidentiality. Information relevant to criminal law is also excluded from this confidentiality clause. Where the certification body is legally required or authorised by contractual arrangements to disclose information, the Applicant must be notified, unless such notification is prohibited by law.