CHAPTER III

Article 44: Certificates

Plain English Summary

What this article does: Sets rules for the certificates issued by notified bodies. Who it applies to: Notified bodies and providers of high-risk AI systems. Key requirements: Para 1: Certificates issued by notified bodies must be in the official language of the Member State and valid for the period indicated (maximum 5 years). Para 2: Where a notified body finds the system no longer meets requirements, it must suspend or withdraw the certificate. Para 3: The Commission may adopt implementing acts on the form and content 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.

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.

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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