The Difficulties of Regulating Markets and Risks in Europe through Notified Bodies
Résumé
Although scholars have described and commented on the European New Approach to standardisation principles, they have paidmuch less attention to theways inwhich this innovative process and its follow-on, i.e. the Global Approach, have been implemented. In many cases, this comes through the day-to-day activity of a very specific population of European experts, the notified bodies. Notified bodies, whose role it is to certify that products, for a given sector, comply with the essential safety requirements set out in the corresponding directive, originate fromtheMember States, but also compete against each other within a European certification market. This article examines the technical and political difficulties encountered by the Commission and the Member States in ensuring both the independence and the competences of these certifiers. It describes and questions the organisational architecture devised in response to these problems.