Art. 82. Test reports, certification and other means of proof

1. For the purpose of this paragraph, a “conformity assessment body” shall be a body that performs conformity assessment activities including calibration, testing, inspection and certification, accredited in accordance with Regulation EC) n. 765/2008 of the European

Parliament and of the Council, or authorized for the application of EU legislation on harmonization, by Member States not on the basis of accreditation, pursuant to Article 5, paragraph 2, of the same Regulation EC) n. 765/2008 of the European Parliament and of the Council. In cases not covered by EU legislation on harmonization, the reports and certificates issued by bodies referred to in sectorial national provisions shall be used.

2. Contracting authorities shall accept other appropriate means of proof than those referred to in paragraph 1, including a technical dossier of the manufacturer, where the economic operator concerned had no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned and provided that the economic operator concerned thereby proves that the works, supplies or services provided by it meet the requirements or criteria set out in the technical specifications, the award criteria or the contract performance conditions.

3. Information related to the evidence and documents submitted in accordance with this Article and Articles 68, paragraph 8, and 69 are made available to other Member States upon request, by the “Cabina di Regia”. The exchange of information is aimed at an effective mutual cooperation, and takes place with respect to EU and national norms on the protection of personal data.
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