Can an ETSO Authorisation Holder task different production organisations for the production of articles covered by one ETSO Authorisation at the same time?
Answer
This is not allowed and is explained below.
According to Part 21 subpart O, the ETSOA holder is responsible for the manufacturing of ETSO articles [see 21.A.602B(a), 21.A.607, 21.A.609(a)].
Considering the general provisions of 21.A.2, for those ETSOA holders that do not wish to manufacture, they have the possibility to have an agreement with another natural or legal person for the production of the article. In this case, only this other natural or legal person is allowed to manufacture the article and mark it accordingly. According to 21.A.2 an ESTO article cannot be produced by two different natural or legal person at the same time.
Therefore the options are:
- the ETSOA holder manufactures the article, or
- the one natural or legal person with which the ETSOA holder has such agreement manufactures the article.
For the one natural or legal person with which the ETSOA holder has such agreement the following has to be considered. In cases where Part 21 Section A Subpart G is applicable, such as to produce ETSO articles, a letter of agreement to produce under Part 21 Subpart F should not be given unless an application has been made for organisation approval under Subpart G, and reasonable progress is being made towards compliance with Subpart G. Long-term production under Part 21 Subpart F will not be permitted.