CHAPTER 4

NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

Challenge of the competence of notified bodies
Article 28
1
The Commission shall investigate all cases where it doubts, or doubt is brought to its attention regarding, the competence of a notified body or the continued fulfilment by a notified body of the requirements and responsibilities to which it is subject.
2
The notifying Member State shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the notified body concerned.
3
The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
4
Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall adopt an implementing act requesting the notifying Member State to take the necessary corrective measures, including withdrawal of notification if necessary.
That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 39(2).