Delegation of control tasks

1.   Competent authorities may delegate the control tasks referred to in Article 51(5), Article 52(2) and (3) and Article 54(2) to one or more product certification bodies or natural persons.
2.   The delegating competent authority shall ensure that the product certification body or the natural person to which the control tasks referred to in paragraph 1 are delegated have the powers necessary to perform those tasks effectively.
3.   The delegation of control tasks shall be in writing and subject to the following conditions:
(a)
the delegation contains a precise description of the control tasks delegated to the product certification body or the natural person, and the conditions under which it may perform those tasks;
(b)
where the control tasks are delegated to product certification bodies, those product certification bodies:
(i)
have at their disposal the expertise, equipment, infrastructure and resources required to efficiently perform the delegated control tasks;
(ii)
have a sufficient number of suitably qualified and experienced staff; and
(iii)
act in a transparent manner and are impartial and free from any conflict of interest; in particular, the impartiality of their conduct shall not be at risk of being directly or indirectly affected as regards the performance of the delegated control tasks;
(c)
where the control tasks are delegated to natural persons, those natural persons:
(i)
have at their disposal the expertise, equipment, infrastructure and resources required to efficiently perform the delegated control tasks;
(ii)
are suitably qualified and experienced; and
(iii)
act in a transparent manner and are impartial and free from any conflict of interest as regards the performance of the delegated control tasks;
(d)
there are arrangements in place to ensure that there is efficient and effective coordination between the delegating competent authorities and the product certification bodies or natural persons.