sec_7_3_1__para__5

As regards personnel resources, the authorities have to possess, or have access to, a sufficient number of suitably qualified and experienced staff, with the necessary professional integrity. This must include the necessary capacities to address products made available online and offline with the same effectiveness (Article 10(5) of Regulation (EU) 2019/1020). It could include the designation of dedicated structures and staff for monitoring and tracing dangerous and non-compliant products sold online (288). Market surveillance authorities must exercise their powers and carry out their duties independently, impartially and without bias (Article 11(2) of Regulation (EU) 2019/1020). In carrying out their activities, they may use their own testing facilities or any other resources. They may also subcontract technical tasks (such as testing or inspection) to another body, provided that they retain the responsibility for their decisions. If technical tasks are subcontracted to a body which carries out conformity assessment activities for economic operators, there must be no conflict of interest between these conformity assessment activities and compliance assessment for the market surveillance authority. When subcontracting, the market surveillance authority should exercise great care to ensure that the impartiality of the advice it receives is beyond reproach. Responsibility for any decision taken on the basis of such advice should lay with the market surveillance authority.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.