Article 44: Certificates

Summary of Article 44

  • Language and Accessibility of Certificates: Certificates issued by notified bodies must be in a language easily understood by the relevant authorities in the Member State where the notified body is established.
  • Validity and Renewal of Certificates: Certificates are valid for a maximum of five years for AI systems in Annex I and four years for AI systems in Annex III, with renewal possible based on reassessment under applicable conformity assessment procedures.
  • Non-Compliance and Corrective Actions: Notified bodies must suspend, withdraw, or restrict certificates if the AI system no longer meets requirements, unless corrective actions are taken by the provider within a specified deadline, and appeals must be available for such decisions.

Language and Accessibility of Certificates

1. Certificates issued by notified bodies in accordance with Annex VII shall be drawn-up in a language which can be easily understood by the relevant authorities in the Member State in which the notified body is established.

Validity and Renewal of Certificates

2. Certificates shall be valid for the period they indicate, which shall not exceed five years for AI systems covered by Annex I, and four years for AI systems covered by Annex III. At the request of the provider, the validity of a certificate may be extended for further periods, each not exceeding five years for AI systems covered by Annex I, and four years for AI systems covered by Annex III, based on a re-assessment in accordance with the applicable conformity assessment procedures. Any supplement to a certificate shall remain valid, provided that the certificate which it supplements is valid.

Non-Compliance and Corrective Actions

3. Where a notified body finds that an AI system no longer meets the requirements set out in Section 2, it shall, taking account of the principle of proportionality, suspend or withdraw the certificate issued or impose restrictions on it, unless compliance with those requirements is ensured by appropriate corrective action taken by the provider of the system within an appropriate deadline set by the notified body. The notified body shall give reasons for its decision. An appeal procedure against decisions of the notified bodies, including on conformity certificates issued, shall be available.

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About the author
Philip Mohr

Philip Mohr

Philip Mohr, a certified AIGP, is an AI governance consultant with over a decade of expertise in product management, data governance and privacy, leading initiatives at Addtrust (addtrust.com).

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