EU Artificial Intelligence Act

Article 37 – Challenge to the competence of notified bodies

1.The Commission shall, where necessary, investigate all cases where there are reasons to doubt whether a notified body complies with the requirements laid down in Article 33.

2.The Notifying authority shall provide the Commission, on request, with all relevant information relating to the notification of the notified body concerned.

3.The Commission shall ensure that all confidential information obtained in the course of its investigations pursuant to this Article is treated confidentially.

4.Where the Commission ascertains that a notified body does not meet or no longer meets the requirements laid down in Article 33, it shall adopt a reasoned decision requesting the notifying Member State to take the necessary corrective measures, including withdrawal of notification if necessary. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(2).