Implementing regulations for the award and use of the quality mark for products made of mineral wool
1 Quality statement
The quality statement for the quality mark consists of the quality assurance and test specifications for products made of mineral wool.
It is supplemented and further developed in line with technical progress.
2.1 The Gütegemeinschaft Mineralwolle e.V. awards to manufacturers of mineral wool products, on application, the right to use the quality association's quality mark.
2.2 The application shall be made in writing to the office of the Gütegemeinschaft Mineralwolle e.V., Odenwaldring 68, 64380 Rossdorf, attaching a legally binding signed declaration of obligation (Specimen 1).
2.3 The application is checked by the quality committee which, without prior notice, examines the applicant's products in accordance with the quality assurance and test specifications. The quality committee may inspect the applicant's plant, check the applicant's products for compliance with the quality assurance and test specifications, and request and examine the documents mentioned in the quality statement. The committee issues a certificate with the test result and sends it to the applicant and to the board of the quality association. The quality committee may appoint professionally qualified experts or a state-approved inspection authority to undertake this work. The person or authority appointed to carry out testing shall provide proof of identity prior to commencing testing. The costs of testing are borne by the applicant.
2.4 If testing is successful, the board of the quality association, on the recommendation of the quality committee, awards the quality mark to the applicant. The award is certified (Specimen 2). If testing is not successful, the board rejects the application, providing written justification.
3.1 Quality mark holders may only use the quality mark for labelling products that meet the quality assurance and test specifications.
3.2 The quality association alone is entitled to authorise the manufacture of the means of labelling used for the quality mark (metal embossing, die stamps, printing materials, lead seals, seal marks, rubber stamps etc.) and issue them or have them issued to quality mark holders and stipulate more specifically the type of use.
3.3 The board may issue special provisions for use of the quality mark in advertising and in advertising for the association, to ensure integrity of competition and prevent misuse of the quality mark. This may not impede individual advertising. The same maxim of integrity of advertising applies.
3.4 If the right to use the mark has been legally withdrawn, the award certificate and all means of labelling the quality mark shall be returned, with no claim for reimbursement. The same applies if the right to use the quality mark has in some other way been terminated.
4.1 The quality committee is entitled and obliged to monitor the use of the quality mark and compliance with the quality assurance and test specifications. Continuity of monitoring shall be verified to the quality association by each quality mark holder by means of a monitoring contract with a neutral test institute or test representative. The quality association appoints the RAL as the neutral test institutes and test representatives working for the quality association as part of verification of conformity.
4.2 Every quality mark holder shall take measures to ensure compliance with the quality assurance and test specifications and shall be obliged to undergo ongoing quality control. Self-monitoring shall be carefully recorded. The quality committee or representatives thereof may inspect the records at any time. The quality mark holder shall subject its quality-assured products to external monitoring by the test institutes or test representatives in accordance with 4.1 in the extent and frequency according to the associated requirements of the quality assurance and test specifications. The costs of testing shall be borne by the quality mark holder.
4.3 The test institutes or test representatives according to 4.1 may at any time request or take samples at the quality mark holder's plant. They may also take samples on the market or from the purchaser. Requested samples shall be provided immediately. They may inspect the plant at any time during operating hours.
4.4 If the finished product is analysed, it must be guaranteed that there has been no adulteration of the chemical analysis due to additives in the product. If there is no such guarantee, a sample of the melt or unprocessed fibres must be taken.
4.5 If a test is unsuccessful or if there is an objection to a product, the quality committee shall have the test repeated.
4.6 A certificate shall be provided for each test result by the appointed test institute. The quality committee and the quality mark holder each receive a copy of this. The quality mark holder concerned may inspect these documents.
4.7 If objections regarding the products are unjustified, the costs of testing shall be borne by the party making the objection; if the objection is upheld, the costs shall be borne by the quality mark holder.
5 Penalties for infringements
5.1 If infringements of sections 3 or 4 or deficiencies relating to these are identified by the quality committee, it shall propose penalty measures to the board of the quality assurance association. These shall be imposed by the board and may, depending upon the seriousness of the infringement, comprise the following:
5.1.1 additional measures as part of self-monitoring,
5.1.2 increased external monitoring,
5.1.4 contractual penalty up to a sum of € 10,000,
5.1.5 withdrawal of the quality mark.
5.2 The measures listed in section 5.1 may be combined.
5.3 Quality mark holders who repeatedly or seriously contravene section 3 or 4 shall have the quality mark withdrawn temporarily or permanently. The same shall apply to quality mark holders who delay or obstruct testing.
5.4 The party concerned shall be heard before any measures are imposed.
5.5 In urgent cases, the chairman of the quality association may provisionally withdraw the quality mark with immediate effect. This shall be confirmed by the board of the quality association within 14 days.
6.1 Quality mark holders may lodge an appeal against penalty rulings with the quality committee within 4 weeks after they have been served.
6.2 The quality committee proposes a ruling on the appeal to the board. If the board does not uphold the appeal, the appellant may, within 4 weeks after the ruling has been served, take legal action in accordance with section 11 of the articles of association of the Gütegemeinschaft Mineralwolle e.V.
If the right to use the quality mark has been withdrawn, it may be reinstated after three months at the earliest. The procedure is governed by section 2. However, the board of the quality association may also impose additional conditions.
Amendments to these implementation rules, including those of an editorial nature, require the approval of the RAL to be effective. They come into force on the day on which the board announces these amendments, including the approval of the RAL to all members of the association, in writing. The day on which the written notification is sent is the effective date.