Art. 44 Certificates | AI act regulation | AI act

This article governs the certificates issued by notified bodies following the conformity assessment procedure set out in Annex VII.

It covers the practical lifecycle of those certificates: the language they must be written in, how long they last, the conditions under which they can be extended, and what happens if an AI system falls out of compliance.

It also confirms that providers have a right to appeal decisions made by notified bodies.

Important points:

Certificates are valid for a maximum of five years for AI systems under Annex I and four years for those under Annex III, with extensions possible upon re-assessment at the provider's request.
Notified bodies are required to suspend, withdraw, or restrict a certificate if an AI system no longer meets the applicable requirements, unless the provider takes corrective action within a deadline set by the notified body.
An appeal procedure against notified body decisions, including on certificates issued, must be available.

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.
1. 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.
1. 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.
2. An appeal procedure against decisions of the notified bodies, including on conformity certificates issued, shall be available.