Guide to the implementation of directives based on the New ...

❝ Notified bodies ❞
The coordination <strong>of</strong> Member States is carried
out through <strong>the</strong> sec<strong>to</strong>ral working
groups <strong>of</strong> governmental experts established
under <strong>the</strong> <strong>directives</strong> ( 118 ). The cooperation
<strong>of</strong> notified bodies takes place under
<strong>the</strong> authority <strong>of</strong> <strong>the</strong> relevant working groups.
Cooperation <strong>of</strong> notified bodies is established
for each New Approach directive, by
usually making use <strong>of</strong> existing structures.
Each group has a technical secretariat and
a president. The cooperation is limited <strong>to</strong>
technical problems relating <strong>to</strong> conformity
assessment in order <strong>to</strong> ensure a uniform
application <strong>of</strong> <strong>the</strong> technical provisions <strong>of</strong> <strong>the</strong>
New Approach <strong>directives</strong>.
In recognition <strong>of</strong> <strong>the</strong> fact that notified
bodies fulfil tasks delegated <strong>to</strong> <strong>the</strong>m by public authorities
<strong>the</strong>y must take part in coordination activities organised by
<strong>the</strong> Commission. If a body refuses <strong>to</strong> cooperate, <strong>the</strong> notification
may be withdrawn. However, <strong>the</strong> notified bodies are
not obliged <strong>to</strong> participate in meetings at European level, if
<strong>the</strong>y keep <strong>the</strong>mselves informed <strong>of</strong>, and apply as general
guidance, <strong>the</strong> administrative decisions and documents produced
by <strong>the</strong>ir group. The relevant working documents,
meeting reports, recommendations and guidelines elaborated
by <strong>the</strong> sec<strong>to</strong>ral and intersec<strong>to</strong>ral groups <strong>of</strong> notified
bodies or <strong>the</strong>ir subgroups will be circulated <strong>to</strong> all notified
bodies forming part <strong>of</strong> those groups, whe<strong>the</strong>r <strong>the</strong>y have
taken part in <strong>the</strong> meetings or not.
The groups <strong>of</strong> notified bodies are composed <strong>of</strong> repre-
6.6. Coordination and cooperation
● A coherent application <strong>of</strong> <strong>the</strong> conformity assessment procedures
requires close cooperation between <strong>the</strong> notified bodies,
<strong>the</strong> Member States and <strong>the</strong> European Commission.
● The Commission supports <strong>the</strong> Member States in <strong>the</strong>ir efforts
<strong>to</strong> establish coherence between <strong>the</strong> notifying authorities
regarding, in particular, <strong>the</strong> assessment <strong>of</strong> <strong>the</strong> competence <strong>of</strong>
<strong>the</strong> bodies <strong>to</strong> be notified, <strong>the</strong> application <strong>of</strong> notification procedures
and <strong>the</strong> surveillance <strong>of</strong> notified bodies.
● The Commission, in coordination with Member States, also
ensures that cooperation is organised between <strong>the</strong> notified
bodies.
sentatives <strong>of</strong> notified bodies ( 119 ). To achieve a higher degree
<strong>of</strong> efficiency in <strong>the</strong>ir work <strong>the</strong> groups can set up subgroups
with a restricted number <strong>of</strong> participants <strong>to</strong> discuss specific
technical questions. The Commission is represented in <strong>the</strong>
groups. Governmental experts and representatives <strong>of</strong> <strong>the</strong> authorities
directly responsible for <strong>the</strong> effective <strong>implementation</strong>
<strong>of</strong> <strong>the</strong> <strong>directives</strong> can participate as observers in <strong>the</strong> groups.
The European standards organisations (CEN, Cenelec and
ETSI) will be represented in <strong>the</strong> groups when such issues
arise. The groups will also invite relevant European federations
or representatives <strong>of</strong> o<strong>the</strong>r interested parties as observers.
Where <strong>the</strong> groups <strong>of</strong> notified bodies have <strong>to</strong> treat
subjects <strong>of</strong> a confidential nature, <strong>the</strong> participation in meetings
will be restricted as deemed necessary.
( 118 ) See Section 1.2.
( 119 ) Should <strong>the</strong> number
<strong>of</strong> notified bodies per
directive become
excessive, <strong>the</strong>
Commission can
request <strong>the</strong> Member
States <strong>to</strong> put in place a
proper mechanism for
<strong>the</strong>ir representation.
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