5.2.4 ノーティファイドボディ間の調整

In recognition of the fact that notified bodies fulfil tasks delegated to them by public authorities, they are obliged to take part in coordination activities organised by the Commission. The latter, together with the Member States, ensures that coordination is organised between the notified bodies.

A coordination group of notified bodies is established for each Union harmonisation legislative act or for several related acts, and its work is limited to technical problems relating to conformity assessment in order to ensure a uniform application of the technical provisions of the applicable legislation. To that end, it should be free to define its rules of work and constitution. Each group of notified bodies has a technical secretariat and a chairperson.

Generally, the groups of notified bodies are composed of representatives of notified bodies only. The Commission may provide financial support to the Secretariats, so to mitigate costs and remove barriers to the participation (255). To achieve a higher degree of efficiency in their work the groups can set up subgroups with a restricted number of participants to discuss specific technical questions. The Commission is represented in the groups. Governmental experts and representatives of the authorities directly responsible for the effective implementation of Union harmonisation legislation can participate as observers in the groups. The European standardisation organisations (CEN, CENELEC and ETSI) are represented in the groups when standards related issues arise. Where cases relating to harmonised standards are discussed, with significant doubts on the presumption of conformity given by the standards, the group of the Notified Bodies is expected to inform the Commission and the Member States. The groups may also invite relevant European federations and other interested parties. Where the groups of notified bodies have to treat subjects of a confidential nature, the participation in meetings is restricted as deemed necessary. The recommendations and administrative decisions taken by the groups of notified bodies should be limited to the common understanding of technical aspects of conformity assessment including, if needed, clarifications for a common understanding of specific parts of applicable harmonised standards, and not concern the interpretation of the relevant legislation. It is appropriate that the groups of notified bodies publish their administrative decisions and recommendations. If a body refuses to cooperate, the notification may be withdrawn. However, the notified bodies are not obliged to participate in meetings at European level if they keep themselves informed of, and apply the administrative decisions and documents produced by their group. The relevant working documents, meeting reports, recommendations and guidelines produced by the sectoral and inter-sectoral groups of notified bodies or their subgroups should be made available to all notified bodies forming part of those groups, whether they have taken part in the meetings or not. The information exchange and communication can be enhanced by use of a platform such as CIRCABC, hosted by the Commission.

National coordination groups are also encouraged and where those exist, notified bodies from a given Member State might be required to take part in their activities.