Article 41 Subsidiaries of and subcontracting by notified bodies

This article governs the rules that apply when notified bodies — the organisations responsible for carrying out conformity assessments — choose to subcontract tasks or use subsidiaries.

It builds directly on Article 39, which sets out the core requirements that notified bodies themselves must meet, and extends those same standards down to any third party they engage.

The article makes clear that outsourcing conformity assessment work does not dilute the notified body's accountability; it remains fully responsible regardless of who actually performs the tasks.

Important points:

• Notified bodies retain full responsibility for all tasks performed by subcontractors or subsidiaries, regardless of where those entities are established.
• Subcontracting or use of a subsidiary requires the agreement of the manufacturer whose product is being assessed.
• Notified bodies are required to keep documentation on subcontractor and subsidiary qualifications and work available to the notifying authority upon request.