FantasticSearch

1. Approval authorities shall ensure that before they designate a technical service pursuant to Article 40, that service meets the requirements laid down in paragraphs 2 to 10 of this Article.

2. A technical service shall be established under national law and have legal personality except for a technical service belonging to an approval authority and except for an accredited in-house technical service of the manufacturer, as referred to in Article 41.

3. A technical service shall be a third-party body independent of the process of design, manufacturing, supply or maintenance of the non-road mobile machinery it assesses. A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of non-road mobile machinery which it assesses, tests or inspects may, provided that its independence and the absence of any conflict of interest are demonstrated, be considered as fulfilling the requirements of the first subparagraph.

4. A technical service, its top-level management and the personnel responsible for carrying out the categories of activities for which they are designated in accordance with Article 40(1) shall not be the designer, manufacturer, supplier or maintainer of the non-road mobile machinery which they assess, nor represent parties engaged in those activities. This shall not preclude the use of assessed non-road mobile machinery referred to in paragraph 3 that are necessary for the operation of the technical service or the use of such non-road mobile machinery for personal purposes.

5. A technical service shall ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of the categories of activities for which it has been designated.

6. A technical service and its personnel shall be independent and carry out the categories of activities for which it has been designated with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their assessment activities, especially such pressures or inducements emanating from persons or groups of persons with an interest in the results of those activities.

7. A technical service shall be capable of carrying out all the categories of activities for which it has been designated in accordance with Article 40(1), by demonstrating to the satisfaction of its designating approval authority, that it has:

(a) personnel with appropriate skills, specific technical knowledge and vocational training as well as sufficient and appropriate experience to perform the task;

(b) descriptions of the procedures relevant for the categories of activities for which it is seeking to be designated, ensuring the transparency and reproducibility of those procedures;

(c) procedures for the performance of the categories of activities for which it is seeking to be designated which take due account of the degree of complexity of the technology of the non-road mobile machinery in question, and the mass or serial nature of the production process; and (d) means necessary to perform in an appropriate manner the tasks connected with the categories of activities for which it is seeking to be designated and that it has access to all necessary equipment or facilities. In addition, it shall demonstrate to the designating approval authority its compliance with the rules laid down in the delegated acts referred to in Article 44 which are relevant for the categories of activities for which it is designated.

8. The technical services, their top-level management and the assessment personnel shall be impartial. They shall not engage in any activity that may be in conflict with their independence of judgment or integrity in relation to the categories of activities for which they are designated.

9. Technical services shall take out liability insurance related to their activities unless liability is assumed by the Member State in accordance with their national law, or the Member State itself is directly responsible for the conformity assessment.

10. The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation or any provision of national law giving effect to it, except in relation to the designating approval authority or where required by Union or national law. Proprietary rights shall be protected.