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3. Designation of competent authority
(a) Quality schemes
Article 36(1) provides that in accordance with Regulation (EC) No 882/
2004, 152 Member States shall designate the competent authority or authorities
responsible for official controls carried out to verify compliance with the legal
requirements related to the quality schemes established by this Regulation.
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Article 36(1) provides that procedures and requirements of Regulation (EC)
No 882/2004 shall apply mutatis mutandis to the official controls carried out to
verify compliance with the legal requirement related to the quality schemes for
all products covered by Annex I to this Regulation.
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(b) Objectivity and impartiality
Article 36(2) provides that the competent authorities referred to in Art 36(1)
shall offer adequate guarantees of objectivity and impartiality, and shall have at
their disposal the qualified staff and resources necessary to carry out their
functions.
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(c) Scope of official controls
Article 36(3) provides that official controls shall cover:
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(a)
verification that a product complies with the corresponding product
specification; and
(b)
monitoring of the use of registered names to describe product placed on
the market, in conformity with Art 13 for names registered under Title II
and in conformity with Art 24 for names registered under Title III.
4. Verification of compliance with product specification
Article 37(1) provides that in respect of PDOs, PGIs and TSGs that designate
products originating within the Union, verification of compliance with the
product specification before placing the product on the market shall be carried
out by:
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(a) one or more of the competent authorities as referred to in Art 36 of this Regulation;
and/or
(b) one or more of the control bodies within the meaning of point (5) of Art 2 of
Regulation (EC) No 882/2004 operating as a product certification body.
152
Regulation 882/2004 on official controls performed to ensure the verification of compliance with feed and
food law, animal health and animal welfare rules.
 
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