Articles 28 to 39: notifying authorities and notified bodies

obligation

Articles 28 to 39: notifying authorities and notified bodies

Section 4 of Chapter III governs who may carry out your conformity assessment and on what conditions that power continues to exist. Each Member State designates a notifying authority that assesses, designates, notifies and monitors conformity assessment bodies. A notified body is established under the national law of a Member State, has legal personality, and is independent of the provider, of any other operator with an economic interest and of the provider competitors; consultancy services in particular are ruled out. Subcontracting to a subcontractor or a subsidiary is allowed only with the agreement of the provider, and the body then retains full responsibility. In its work it avoids unnecessary burdens for providers and minimises administrative burdens and compliance costs for micro- and small enterprises, without giving up the required degree of rigour. Article 36 distinguishes the cases. Where it ceases its activities, the certificates remain valid under paragraph 3 for at most nine months, provided another notified body assumes responsibility in writing. Where its designation is suspended, restricted or withdrawn, it informs the providers concerned within ten days under paragraph 5; paragraph 8 sets continuity conditions there without that general nine-month limit, and paragraph 9 gives certificates a nine-month validity on withdrawal, with a conditional extension in periods of three months up to twelve months at most. A body from a third country can carry out these activities only where the Union has concluded an agreement with that country.