1
Conformity assessment must be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators.
The Non-automatic Weighing Instruments Regulations 2016 SCHEDULE 2 — OPERATIONAL OBLIGATIONS OF NOTIFIED APPROVED BODIES
2
Conformity assessment bodies must perform their activities taking due account of— (a) the size of an undertaking; (b) the sector in which it operates and its structure; (c) the degree of complexity of the of the regulated non-automatic weighing instrument technology in question; and (d) the mass or serial nature of the production process, but respecting the degree of rigour and the level of protection required for compliance of the regulated non-automatic weighing instrument with these Regulations.
3
Where an approved body finds that the essential requirements have not been met by a manufacturer, it— (a) must require that manufacturer to take appropriate corrective measures; and (b) must not issue a certificate of conformity.
4
Where in the course of the monitoring of conformity following the issue of a certificate, an approved body finds that a regulated non-automatic weighing instrument no longer complies, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate if necessary.
5
Where corrective measured are not taken or do not have the required effect, the approved body must restrict, suspend or withdraw any certificates, as appropriate.
6
Where a person is aggrieved at a decision taken by an approved body in relation to the conformity assessment of a regulated non-automatic weighing instrument, the approved body must have appropriate arrangements for the review of that decision by a person who was not involved in the taking of that decision.
7
Approved bodies must inform the Secretary of State of the following— (a) any refusal, restriction, suspension or withdrawal of a certificate; (b) any circumstances affecting the scope of or conditions for approval ; (c) any request for information which they have received from market surveillance authorities regarding conformity assessment; and (d) on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.
8
Approved bodies must provide other bodies approved under these Regulations carrying out similar conformity assessment activities covering the same regulated non-automatic weighing instruments with relevant information on issues relating to negative and, on request positive conformity assessment results.
9
Notified bodies must— (a) when requested by the Secretary of State, nominate a representative to attend a group convened by the Commission pursuant to Article 35 of the Directive; and (b) ensure attendance of that representative at meetings of the group.
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