Article 40 — Operational obligations of notified bodies

1. A notified body shall carry out conformity assessments in accordance with the conformity assessment procedure provided for in Annex IV. 2. Notified bodies shall carry out the conformity assessment activities set out in this Regulation in a proportionate manner, avoiding unnecessary burdens for economic operators. They shall perform their activities in accordance with this Regulation taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the technology of the toy in question and the mass or serial nature of the production process. When performing their activities, the notified bodies shall respect the degree of rigour and the level of protection required for the compliance of the toy with this Regulation. 3. Where a notified body finds that the toy does not meet the essential safety requirements, the requirements in corresponding harmonised standards, where such standards are applied, or the requirements in corresponding common specifications referred to in Article 16, where such specifications are applied, it shall require that manufacturer to take appropriate corrective measures and shall not issue an EU-type examination certificate as referred to in Part II, point 6, of Annex IV. 4. Where, in the course of the monitoring of conformity following the issue of an EU-type examination certificate, a notified body finds that a toy no longer complies, it shall require the manufacturer to take appropriate corrective measures, and shall suspend or withdraw the EU-type examination certificate if necessary. 5. Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw any EU-type examination certificates, as appropriate. 6. Where a notified body is informed by a market surveillance authority that a toy for which the notified body has issued an EU-type examination certificate does not comply with the essential safety requirements, it shall withdraw the EU-type examination certificate in respect of that toy.