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➣ they must clearly specify in advance which tasks they may wish to
subcontract and give the names and full addresses of their subcontractors.
The subcontractors must be included in the investigations carried out to
assess the applicants' competence; where accreditation exists in the field,
the subcontractor is still audited by COFRAC.
The notifying authorities also observe some other principles to take account of the
specific features of individual sectors often linked to the prior existence or not of
national regulations in the field covered by the directive; under such regulations, it
was often the public authorities themselves that carried out the tasks which have
been devolved to notified bodies. These principles include:
➣ notifying a body for a provisional, limited period (e.g. 3 years) in order
either to test the competence of new bodies in this field or to transfer
activity to independent bodies. This practice is applied for a provisional
period with a view to the final designation for unlimited duration of bodies
which meet the general criteria mentioned above after this probationary
period;
➣ taking account of the compatibility of the number of notified bodies with
the activity of the field. This may lead to:
- designating several bodies but keeping the number limited; this
helps prevent the dividing up of tasks, given the smallness of the market, as
this can only lead to a reduction in competence;
- designating - particularly when the field covered requires a high
level of public authority intervention - one single body for the whole field
covered by the directive. This body can make use of testing laboratories or
other competent bodies. The relevant authority can then monitor the body
more accurately and easily.
To conclude, accreditation is requested whenever possible, but the judgment of the
notifying authorities when taking their notification decision is based on many other
considerations, which are binding for the notified bodies. Often these obligations
are set out in a contract covering the rights and duties of the bodies designated.
This is the main basis on which the effective monitoring and inspection of the
bodies is carried out.
2. MONITORING AND INSPECTION OF NOTIFIED BODIES
The notifying authorities pay particular attention to the regular monitoring of bodies, since
they believe that it makes it possible not only to check the quality of their work regarding
the requirements of the New Approach Directives, but also in order to contribute
effectively to the harmonisation of national and European practices and thus strengthen
market surveillance.
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