32.—(1) Where a notified body or designated body proposes to decline to draw up a certificate of verification or an ISV in relation to a project subsystem, or proposes to decline to confirm that an EC declaration of conformity or suitability for use can be drawn up in respect of an interoperability constituent, it must—
(a)give notice in writing to the relevant person of the reasons why it proposes to do so;
(b)give the relevant person the opportunity to make representations in writing within a period of 28 days beginning with the day on which such notice is given; and
(c)consider any representations made within that period by the relevant person before making its decision.
(2) A notified body or designated body must not draw up a certificate of verification unless it is drawn up in accordance with the applicable part of Annex VI to the Directive.
(3) A notified body must not confirm that an EC declaration of conformity or suitability for use can be drawn up in respect of an interoperability constituent unless satisfied that that constituent conforms to such of the European specifications or TSIs as are required by regulation 25.
(4) “ISV” means an intermediate statement of verification issued by a notified body in relation to the design stage or the production stage of a subsystem in accordance with section 2 of Annex VI to the Directive or issued by a notified body or designated body at an intermediate stage of the verification procedure referred to in section 3 of Annex VI to the Directive.
(5) The “relevant person” means the person who engaged the notified body or designated body for the relevant matter.