Article 35 – Notification

1.   Member States shall notify the Commission and the other Member States of ▌ bodies authorised to carry out conformity assessments in accordance with this Regulation.

2.   Member States shall strive to ensure, by… [24 months from the date of entry into force of this Regulation] that there is a sufficient number of notified bodies in the Union to carry out conformity assessments, in order to avoid bottlenecks and hindrances to market entry.

Article 36

Notifying authorities

1.  Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 41.

2.  Member States may decide that the assessment and monitoring referred to in paragraph 1 of this Article shall be carried out by a national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008.

3.   Where the notifying authority delegates or otherwise entrusts the assessment, notification or monitoring referred to in paragraph 1 of this Article to a body which is not a governmental entity, that body shall be a legal entity and shall comply mutatis mutandis with Article 37. In addition, it shall have arrangements in place to cover liabilities arising from its activities.

4.   The notifying authority shall take full responsibility for the tasks performed by the body referred to in paragraph 3.

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