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Article 38

1. Member States wishing to designate TABs shall designate a single designating authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and designation of TABs. Designating authorities shall satisfy the requirements for notifying authorities set out in Articles 43(1) and Article 44. Member States may designate the notifying authority referred to in Article 43, as the designating authority. The designating authority shall not be eligible for designation in accordance with Article 39(1). 2. Unless otherwise specified in this Chapter, the provisions applicable to notifying authorities and to notification procedures apply also to designating authorities and to the designation procedures.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.