Article 45 Changes to notifications

Where a notifying authority means the national authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring; has ascertained or has been informed that a notified body means a conformity assessment body designated in accordance with Article 43 and other relevant Union harmonisation legislation; no longer meets the requirements laid down in Article 39, or that it is failing to fulfil its obligations, the notifying authority means the national authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring; shall restrict, suspend or withdraw notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations. It shall immediately inform the Commission and the other Member States accordingly.

In the event of restriction, suspension or withdrawal means withdrawal as defined in Article 3, point (23), of Regulation (EU) 2019/1020; of notification, or where the notified body means a conformity assessment body designated in accordance with Article 43 and other relevant Union harmonisation legislation; has ceased its activity, the notifying Member State shall take appropriate steps to ensure that the files of that body are either processed by another notified body means a conformity assessment body designated in accordance with Article 43 and other relevant Union harmonisation legislation; or kept available for the responsible notifying and market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; at their request.