Article 37
Challenge to the Competence of Notified Bodies
The Commission shall, where necessary, investigate all cases where there are reasons to doubt the competence of a notified body or the continued fulfilment by a notified body of the requirements laid down in Article 31 and of its applicable responsibilities.
The notifying authority shall provide the Commission, on request, with all relevant information relating to the notification or the maintenance of the competence of the notified body concerned.
The Commission shall ensure that all sensitive information obtained in the course of its investigations pursuant to this Article is treated confidentially in accordance with Article 78.
Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including the suspension or withdrawal of the notification if necessary. Where the Member State fails to take the necessary corrective measures, the Commission may, by means of an implementing act, suspend, restrict or withdraw the designation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 98(2).
Where Article 37 sits in the EU AI Act
Article 37 is provision 32 of 44 in Chapter III: High-Risk AI Systems, within Section 4: Notifying Authorities and Notified Bodies, which covers Articles 6–49 of Regulation (EU) 2024/1689.
Provisions referenced in Article 37
The text of Article 37 cites the following provisions. Read them alongside it: cross-references carry binding requirements.
Source and verification
This is the text of Article 37 of Regulation (EU) 2024/1689, unchanged since it was adopted. It has been checked against the consolidated text on EUR-Lex. Where this page and EUR-Lex disagree, EUR-Lex governs.