SCHEDULE 2OPERATIONAL OBLIGATIONS OF NOTIFIED BODIES
1
Conformity assessment must be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators.
2
Conformity assessment bodies must perform their activities taking due account of—
a
the size of an undertaking;
b
the sector in which it operates and its structure;
c
the degree of complexity of the of the regulated non-automatic weighing instrument technology in question; and
d
the mass or serial nature of the production process,
but respecting the degree of rigour and the level of protection required for compliance of the regulated non-automatic weighing instrument with these Regulations.
3
Where a notified body finds that the essential requirements have not been met by a manufacturer, it—
a
must require that manufacturer to take appropriate corrective measures; and
b
must not issue a certificate of conformity.
4
Where in the course of the monitoring of conformity following the issue of a certificate, a notified body finds that a regulated non-automatic weighing instrument no longer complies, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate if necessary.
5
Where corrective measured are not taken or do not have the required effect, the notified body must restrict, suspend or withdraw any certificates, as appropriate.
6
Where a person is aggrieved at a decision taken by a notified body in relation to the conformity assessment of a regulated non-automatic weighing instrument, the notified body must have appropriate arrangements for the review of that decision by a person who was not involved in the taking of that decision.
7
Notified bodies must inform the notifying authority of the following—
a
any refusal, restriction, suspension or withdrawal of a certificate;
b
any circumstances affecting the scope of or conditions for notification;
c
any request for information which they have received from market surveillance authorities regarding conformity assessment; and
d
on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.
8
Notified bodies must provide other bodies notified under this Directive carrying out similar conformity assessment activities covering the same regulated non-automatic weighing instruments with relevant information on issues relating to negative and, on request positive conformity assessment results.
9
Notified bodies must—
a
when requested by the Secretary of State, nominate a representative to attend a group convened by the Commission pursuant to Article 35 of the Directive; and
b
ensure attendance of that representative at meetings of the group.