Article 28: Notifying Authorities
Official Statutory Text
Article 28 Notifying authorities 1. Each Member State shall designate or establishat leastone notifying 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. Those procedures shall be developed in cooperation between the notifying authorities of all Member States. 2. Member States may decide that the assessment and monitoring referred to in paragraph 1 is to be carried out by a national accreditation body within the meaning of, and in accordance with, Regulation (EC) No 765/2008. 3. Notifying authorities shall be established, organised and operated in suchaway that no conf lictof interest arises with conformity assessment bodies, and that the objectivity and impartiality of their activities are safeguarded. 4. Notifying authorities shall be organised in suchaway that decisions relating to the notification of conformity assessment bodies are taken by competent persons different from those who carried out the assessmentof those bodies. 5. Notifying authorities shall offer or provide neither any activities that conformity assessment bodies perform , nor any consultancy services on a commercial or competitive basis. 6. Notifying authorities shall safeguard the confidentiality of the information that they obtain, in accordance with Article 78. 7. Notifying authorities shall have an adequate number of competent personnel at their disposal for the proper performance of their tasks. Competent personnel shall have the necessary exper tise, where applicable, for their function, infields suchas information te chnologi es, AI and law , including the super vision of fundamental rights.
European Parliament & Council (Regulation 2024/1689)
View Official EUR-Lex Publication- For Member States: Designate or establish at leastone notifying authority responsible for setting up and carrying out procedures for the assessment, designation, notification, and monitoring of conformity assessment bodies.
- Develop these procedures in cooperation with notifying authorities of all other Member States.
- You may decide that a national accreditation body (under Regulation (EC) No 765/2008) carries out the assessment and monitoring.
- Ensure notifying authorities are established, organised, and operated to avoid conflicts of interest with conformity assessment bodies and to safeguard objectivity and impartiality.
- Organize notifying authorities such that decisions on notification are taken by competent persons distinct from those who assessed the bodies.
- Notifying authorities shall notoffer or provide conformity assessment activities or commercial/competitive consultancy services.
- Safeguard the confidentiality of information obtained, in accordance with Article 78.
- Ensure notifying authorities have an adequate number of competent personnel with necessary expertise (e.g., IT, AI, law, fundamental rights supervision) for proper performance of their tasks.
Applies directly across all 27 EU Member States with phased entry into force from 2025 to 2026.