Art. 39 Conformity assessment bodies of third countries | AI act regulation | AI act

This brief article addresses the international dimension of conformity assessment under the AI Act.

It creates a pathway for conformity assessment bodies based in third countries to act as notified bodies within the Union's regulatory framework, provided the Union has concluded an agreement with that third country and the body meets the necessary standards.

It directly connects to Article 31, which sets out the requirements notified bodies must satisfy, serving as the benchmark against which third-country bodies are measured.

Important points:

Third-country conformity assessment bodies can be authorised to carry out the activities of notified bodies under this Regulation.
This is conditional on the Union having concluded an agreement with the relevant third country.
Eligibility requires the body to either meet the requirements of Article 31 or demonstrate an equivalent level of compliance.

In line with Union commitments under the World Trade Organization Agreement on Technical Barriers to Trade, it is adequate to facilitate the mutual recognition of conformity assessment results produced by competent conformity assessment bodies, independent of the territory in which they are established, provided that those conformity assessment bodies established under the law of a third country meet the applicable requirements of this Regulation and the Union has concluded an agreement to that extent. In this context, the Commission should actively explore possible international instruments for that purpose and in particular pursue the conclusion of mutual recognition agreements with third countries.

Article 39 Conformity assessment bodies of third countries

Relevant recitals