Article 3 Recognised bodies
United Kingdom
An entity shall be included in a list of recognised bodies where it demonstrates that it fulfils the following requirements:
it has legal personality;
it has the capacity to ascertain that the requirements of Article 3(1) of Regulation (EC) No 1007/2009 are met;
it has the capacity to issue and manage attesting documents referred to in Article 4(1), as well as to process and archive records;
it has the ability to carry out its functions in a manner that avoids conflict of interest;
it has the ability to monitor compliance with the requirements set out in Article 3(1) of Regulation (EC) No 1007/2009;
it has the capacity to withdraw attesting documents referred to in Article 4(1) or suspend their validity in case of non-compliance with the requirements of this Regulation F1....
it is subject to independent third party audits;
it operates at national or regional level.
In order to be included in the list referred to in paragraph 1, an entity shall submit to the F2Secretary of State a request accompanied by documentary evidence that it fulfils the requirements set out in paragraph 1.
Article 3a provides for recognition of an entity which has submitted a request under paragraph 2.
The recognised body shall submit audit reports produced by the independent third party referred to in paragraph 1(g) to the F4Secretary of State at the end of each reporting cycle.
Annotations
Textual amendments
- F1
Words in Art. 3(1)(f) omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 3(2) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Art. 3(2a) inserted (E.W.S.) (30.7.2022) by The Seal Products (Amendment) Regulations 2022 (S.I. 2022/771), regs. 1(2), 2(2)
- F4
Words in Art. 3(3) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(3)(c); 2020 c. 1, Sch. 5 para. 1(1)