Enforcement: The Key Ingredient Whether or not the code of conduct actually has any teeth in term

Enforcement: The Key Ingredient

Whether or not the code of conduct actually has any teeth in terms of enforcement will go a long way toward convincing EU officials that notified bodies are serious about self regulation.

According to the document, a notified body must fully implement the code of conduct’s requirements within six months of signing. Retrospective implementation for existing contracts is not required; all new contracts and applications as well as re-certifications must meet code requirements within six months of signature.

Enforcement of the code will fall to a yet-to-be-formed board of compliance. Though the intentions are good, questions remain about who will make up the board as well as what specific powers the body will have to ensure compliance with the code of conduct. Perhaps the next draft of the code will include these crucial details, but until then, perhaps the NB5Plus Group should provide some idea of the proposed board’s mandate and members in the meantime. These details will demonstrate whether European notified bodies mean business regarding improved and more consistent performance, or if they’re simply maneuvering to draw less fire from EU regulators.

Specific enforcement measures, furthermore, also significantly will depend on how the code of conduct is implemented. According to the code authors, implementation could occur through adoption of the document into formal guidance by Competent Authorities or the European Commission, or through adoption of parts of the document into EU legislation addressing notified bodies. Team NB, the association of European notified bodies, also could add the code to its constitution, in which case the association’s management structure would oversee enforcement.