(1) | points 2 to 5 are replaced by the following:
‘2. | A conformity assessment body shall be a third-party body that is independent of the organisation or the ICT products, ICT services, ICT processes or managed security services that it assesses. |
3. | A body that belongs to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of ICT products, ICT services, ICT processes or managed security services which it assesses may be considered to be a conformity assessment body, provided that its independence and the absence of any conflict of interest are demonstrated. |
4. | The conformity assessment bodies, their top level management and the persons responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the ICT product, ICT service, ICT process or managed security service which is assessed, or the authorised representative of any of those parties. That prohibition shall not preclude the use of the ICT products assessed that are necessary for the operations of the conformity assessment body or the use of such ICT products for personal purposes. |
5. | The conformity assessment bodies, their top level management and the persons responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the provision, the marketing, installation, use or maintenance of the ICT products, ICT services, ICT processes or managed security services which are assessed, or represent parties engaged in those activities. The conformity assessment bodies, their top level management and the persons responsible for carrying out the conformity assessment tasks shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to their conformity assessment activities. That prohibition shall apply, in particular, to consultancy services.’; |
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