Article 40 Presumption of conformity of notified bodies

Summary What does Article 40 of the CRA regulation say?

This brief article establishes a presumption of compliance for conformity assessment bodies.

It directly supports Article 39, which sets out the requirements that conformity assessment bodies must meet in order to be eligible for notification.

Article 40 creates a shortcut: if a conformity assessment body can demonstrate that it meets the criteria of relevant harmonised standards published in the Official Journal of the European Union, it is presumed to satisfy the corresponding Article 39 requirements without needing to prove compliance separately.

Important points:

Conformity assessment bodies that demonstrate alignment with relevant harmonised standards are presumed to comply with the Article 39 requirements those standards cover.
The presumption only applies to the extent that the harmonised standards actually address the relevant Article 39 requirements.
The harmonised standards in question must have their references published in the Official Journal of the European Union to trigger this presumption.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union it shall be presumed to comply with the requirements set out in Article 39 in so far as the applicable harmonised standards cover those requirements.

Table of contents

Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.

Relevant recitals