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Cableways Impact Assessment Study - Final Report - saferail.nl

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Risk & Policy Analysts<br />

Table B2.20: Notification of Conformity <strong>Assessment</strong> Bodies<br />

Challenge of the Competence of Notified Bodies<br />

information relating to the basis for the notification or the maintenance of the<br />

competence of the body in question.<br />

3. The Commission shall ensure that all sensitive information obtained in the course of its<br />

investigations is treated confidentially.<br />

4. Where the Commission ascertains that a notified body does not meet or no longer<br />

meets the requirements for its notification, it shall inform the notifying Member<br />

State accordingly and request it to take the necessary corrective measures, including<br />

de-notification if necessary.<br />

Source: Article R26, Chapter R4 of Decision No 768/2008/EC<br />

Added<br />

value?<br />

No<br />

Yes<br />

Table B2.21: Notification of Conformity <strong>Assessment</strong> Bodies<br />

Operational Obligations of Notified Bodies<br />

1. Notified bodies shall carry out conformity assessments in accordance with the<br />

conformity assessment procedures provided for in…[the relevant part of the legislation].<br />

2. Conformity assessments shall be carried out in a proportionate manner, avoiding<br />

unnecessary burdens for economic operators. Conformity assessment bodies shall<br />

perform their activities taking due account of the size of an undertaking, the sector<br />

in which it operates, its structure, the degree of complexity of the product technology<br />

in question and the mass or serial nature of the production process. In so doing they<br />

shall nevertheless respect the degree of rigour and the level of protection required<br />

for the compliance of the product with the provisions of this ... [act].<br />

3. Where a notified body finds that requirements laid down in … [the relevant part<br />

of the legislation] or corresponding harmonised standards or technical specifications<br />

have not been met by a manufacturer, it shall require that manufacturer to take<br />

appropriate corrective measures and shall not issue a conformity certificate.<br />

4. Where, in the course of the monitoring of conformity following the issue of a<br />

certificate, a notified body finds that a product no longer complies, it shall require the<br />

manufacturer to take appropriate corrective measures and shall suspend or withdraw the<br />

certificate if necessary.<br />

5. Where corrective measures are not taken or do not have the required effect, the notified<br />

body shall restrict, suspend or withdraw any certificates, as appropriate.<br />

Source: Article R27, Chapter R4 of Decision No 768/2008/EC<br />

Added<br />

value?<br />

No<br />

Yes<br />

Yes<br />

No<br />

No<br />

Table B2.22: Notification of Conformity <strong>Assessment</strong> Bodies<br />

Information Obligation on Notified Bodies<br />

1. Notified bodies shall inform the notifying authority of the following:<br />

(a) any refusal, restriction, suspension or withdrawal of a certificate;<br />

(b) any circumstances affecting the scope of and conditions for notification;<br />

(c) any request for information which they have received from market surveillance<br />

authorities regarding conformity assessment activities;<br />

(d) on request, conformity assessment activities performed within the scope of their<br />

notification and any other activity performed, including cross-border activities and<br />

subcontracting.<br />

Added<br />

value?<br />

No<br />

Page 153

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