Source: OJ L 2024/2847, 20.11.2024

Current language: EN

Article 36 Notifying authorities


Summary What does Article 36 of the CRA regulation say?

This article establishes the requirement for each Member State to designate a national "notifying authority" — the body responsible for overseeing conformity assessment bodies under the regulation.

It sets out how this function can be organised, including the option to delegate tasks to a national accreditation body or a non-governmental entity, while making clear that ultimate responsibility always remains with the designated notifying authority.

Important points:

  • Each Member State is required to designate a notifying authority responsible for assessing, designating, notifying, and monitoring conformity assessment bodies.
  • Member States may delegate this function to a national accreditation body or a non-governmental legal entity, provided that entity complies with the requirements set out in Article 37 and has liability arrangements in place.
  • Regardless of any delegation, the notifying authority retains full responsibility for all tasks performed by any body it entrusts with these functions.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. Each Member State shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and their monitoring, including compliance with Article 41.

    1. Member States may decide that the assessment and monitoring referred to in paragraph 1 shall be carried out by a national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008.

    1. Where the notifying authority delegates or otherwise entrusts the assessment, notification or monitoring referred to in paragraph 1 of this Article to a body which is not a governmental entity, that body shall be a legal entity and shall comply mutatis mutandis with Article 37. In addition, it shall have arrangements in place to cover liabilities arising from its activities.

    1. The notifying authority shall take full responsibility for the tasks performed by the body referred to in paragraph 3.

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