Article 5

The competent authority may delegate specific tasks related to official controls to one or more control bodies in accordance with paragraphs 2 to 4. A list of tasks that may or may not be delegated may be established in accordance with the procedure referred to in Article 62(3). However, the activities referred to in Article 54 shall not be the subject of such a delegation. The competent authority may delegate specific tasks to a particular control body only if: there is an accurate description of the tasks that the control body may carry out and of the conditions under which it may carry them out; there is proof that the control body: has the expertise, equipment and infrastructure required to carry out the tasks delegated to it, has a sufficient number of suitably qualified and experienced staff, and is impartial and free from any conflict of interest as regards the exercise of the tasks delegated to it; the control body works and is accredited in accordance with European Standard EN 45004 "General criteria for the operation of various types of bodies performing inspection" and/or another standard if more relevant to the delegated tasks in question; laboratories operate in accordance with the standards referred to in Article 12(2); the control body communicates the results of the controls carried out to the competent authority on a regular basis and whenever the competent authority so requests. If the results of the controls indicate non-compliance or point to the likelihood of non-compliance, the control body shall immediately inform the competent authority; there is efficient and effective coordination between the delegating competent authority and the control body. Competent authorities delegating specific tasks to control bodies shall organise audits or inspections of control bodies as necessary. If, as a result of an audit or an inspection, it appears that such bodies are failing to carry out properly the tasks delegated to them, the delegating competent authority may withdraw the delegation. It shall withdraw it without delay if the control body fails to take appropriate and timely remedial action. Any Member State wishing to delegate a specific control task to a control body shall notify the Commission. This notification shall provide a detailed description of: the competent authority that would delegate the task; the task that it would delegate; and the control body to which it would delegate the task.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-01 · Text as adopted (Official Journal); later amendments are not incorporated in this text.