The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

Notification

44.—(1) The Executive may notify to the European Commission, the other Member States and Great Britain only those conformity assessment bodies established within Northern Ireland that qualify for notification.

(2) A conformity assessment body qualifies for notification if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body makes an application to the Executive for notification and that application is accompanied by—

(a) a description of—

(i) the conformity assessment activities that the conformity assessment body intends to carry out;

(ii) the conformity assessment module for which the conformity assessment body claims to be competent; and

(iii) the product for which the conformity assessment body claims to be competent; and either

(b) an accreditation certificate; or

(c) the documentary evidence necessary for the Executive to verify, recognise and regularly monitor the conformity assessment body’s compliance with the notified body requirements.

(4) The second condition is that the Executive is satisfied that the conformity assessment body meets the notified body requirements.

(5) For the purposes of paragraph (4), the Executive may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body fulfils the notified body requirements.

(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission, the other Member States and Great Britain, the Executive may—

(a) have regard to any other matter which appears to the Executive to be relevant; and

(b) set conditions that the conformity assessment body shall meet.

(7) The Executive shall inform the European Commission of Northern Ireland’s procedures for the assessment and notification of conformity assessment bodies and of any changes to those procedures.