Article 6 Official checks
United Kingdom
A competent authority may delegate, totally or partially, its check tasks to one or more independent third-party bodies only where there is a proof that the body:
has a sufficient number of adequately qualified and experienced staff; and
is impartial and free from any conflict of interest as regards the exercise of the tasks delegated to it.
In particular, the competent authority may delegate its check tasks only where such independent third-party bodies are accredited to comply with the most recent notified version of F3ISO/IEC 17065 (Requirements for bodies certifying products, processes and services).
A competent authority wishing to delegate its check tasks to one or more independent third-party bodies shall notify the F4relevant authority thereof. The notification shall indicate:
the competent authority that intends to delegate its check tasks; and
one or more independent third-party bodies to which it would delegate these check tasks.
F5...
The independent third-party body performing check tasks shall:
communicate the results of the checks carried out to the competent authority on a regular basis and whenever the competent authority so requests. If the results of the checks indicate non-compliance, the independent third-party body shall immediately inform the competent authority thereof;
give the competent authority access to its offices and facilities and provide any information and assistance deemed necessary by the competent authority for the fulfilment of their obligations.
A competent authority delegating check tasks to an independent third-party body, shall, on a regular basis, supervise that body.
If, as a result of that supervision, it appears that such body has failed to properly carry out the check tasks delegated to it, the delegating competent authority may withdraw the delegation.
The competent authority shall withdraw the delegation without delay if the independent third-party body fails to take timely and appropriate remedial action.
Annotations
Textual amendments
- F1
Words in Art. 6(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 6(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 6(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 5(10); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 6(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 5(11)(a) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 6(3) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 5(11)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in Art. 6(6) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 5(12)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Words in Art. 6(6) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 5(12)(b); 2020 c. 1, Sch. 5 para. 1(1)