Outsourcing of testing and access to equipment from other laboratories
Article 7
1. Where the volume of laboratory testing for a task assigned to an EU reference laboratory within its scope of designation so requires, it may outsource the testing or part of the testing to national reference laboratories and other laboratories established in a Member State (collectively referred to as ‘external laboratories’) or to another EU reference laboratory by way of a contract. 2. Where the volume, specific nature or novelty of a task assigned to an EU reference laboratory so requires, it may enter into a contract with an external laboratory or another EU reference laboratory to obtain access to specific additional equipment or materials that are needed for carrying out the task. 3. An EU reference laboratory may only conclude contracts referred to in paragraph 1 with external laboratories that fulfil the following conditions: (a) their competence for fulfilling the tasks covered by the contract, including staff and equipment, satisfies the requirements set by the EU reference laboratory; (b) they put in place and document the measures referred to in Article 5(2) to ensure that the staff involved in the performance of tasks covered by the contract complies with the confidentiality policy referred to in Article 5(1); (c) they confirm the absence of conflict of interest in accordance with the policy of the EU reference laboratory referred to in Article 6(2) as regards the activities covered by the contract. 4. The EU reference laboratories shall make the contracts referred to in the first subparagraph available to the Commission, upon its request. 5. The EU reference laboratory shall have the overall responsibility for the results of tests and the fulfilment of tasks within its scope of designation, regardless of any support received from external laboratories or other EU reference laboratories in accordance with this Article.