Issue, Maintain and Control AI Conformity Certificates and Appeals

Sub-obligations

These are independently assessable parts of the parent requirement.

1. Article 44(1)-(2)

   Current

   Issue and Renew AI Conformity Certificates Within the Applicable Validity Periods

   Tracker Guidance

   Issue certificates in a language easily understood by relevant authorities. Limit validity to no more than five years for Annex I systems and four years for Annex III systems, with extensions based on reassessment.

   Official text

   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. 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.

2. Article 44(3)

   Current

   Restrict, Suspend or Withdraw Certificates When High-Risk AI No Longer Complies

   Tracker Guidance

   When a certified AI system no longer meets the high-risk requirements, proportionately restrict, suspend or withdraw the certificate unless the provider restores compliance through appropriate corrective action within the set deadline, and give reasons for the decision.

   Official text

   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.

3. Article 44(3)

   Current

   Maintain an Appeal Procedure for Notified-Body Decisions

   Tracker Guidance

   Make an appeal procedure available for notified-body decisions, including decisions on conformity certificates.

   Official text

   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.