Article 29: Application of a Conformity Assessment Body for Notification
Article 29 sets out the application process for conformity assessment bodies seeking to become notified bodies under the AI Act. An applicant must submit its application to the notifying authority of the Member State in which it is established. The application must describe the conformity assessment activities, AI system modules, and AI technologies for which the body claims competence, accompanied by a national accreditation certificate (where one exists) attesting that the body meets Article 31 requirements. The notifying authority evaluates the application and, where the body qualifies, proceeds to notify the Commission and other Member States under Article 33. Always verify on EUR-Lex.
Who does this apply to?
- -Conformity assessment bodies applying to become notified bodies under the AI Act
- -Notifying authorities processing and evaluating applications from conformity assessment bodies
- -National accreditation bodies issuing accreditation certificates that support an application
Scenarios
A European testing and certification body with expertise in machine learning systems applies to its national notifying authority to become a notified body for biometric AI systems under Annex III.
A conformity assessment body established in one Member State wants to also serve providers in another Member State.
What Article 29 does (plain terms)
Article 29 is the gateway for conformity assessment bodies to enter the AI Act's notified body system. A body that wants to perform third-party conformity assessment of high-risk AI systems must formally apply to the notifying authority of the Member State where it is established (see Article 28).
The application must include: - A description of the conformity assessment activities, the conformity assessment modules, and the types of AI systems for which the body claims to be competent. - A national accreditation certificate issued by the national accreditation body, attesting that the conformity assessment body meets the requirements of Article 31. Where no accreditation certificate exists, the applicant must provide the notifying authority with all documentary evidence necessary to verify, recognise, and regularly monitor its compliance with the requirements of Article 30.
The notifying authority may only notify the body if it is satisfied the Article 30 requirements are met. Verify the full paragraph structure on EUR-Lex Article 29.
The role of accreditation in the application
Accreditation under EN ISO/IEC 17065 (product certification) or EN ISO/IEC 17025 (testing) provides a presumption of conformity with certain Article 30 requirements, as described in Article 31. A national accreditation certificate greatly simplifies the notifying authority's assessment.
Where no accreditation certificate is available — for instance because no harmonised standard yet covers the specific AI technology — the conformity assessment body must provide equivalent documentary evidence of its competence, independence, and quality procedures. The notifying authority then performs a direct assessment against each Article 30 requirement.
How Article 29 connects to the rest of the Act
- Article 28 — Designates the notifying authority to which applications are submitted.
- Article 30 — Exhaustive requirements the applicant body must satisfy.
- Article 31 — Presumption of conformity through harmonised standards / accreditation.
- Article 33 — Once the notifying authority approves the application, it notifies the Commission via NANDO.
- Article 43 — Conformity assessment procedures for high-risk AI systems that notified bodies will carry out.
- Article 113 — Application dates and staged entry into force.
Compliance checklist
- Identify the notifying authority in the Member State where your conformity assessment body is established.
- Prepare a detailed description of the conformity assessment activities, modules (e.g., Annex VI, Annex VII procedures), and AI technologies (e.g., machine learning, computer vision) for which competence is claimed.
- Obtain a national accreditation certificate (e.g., EN ISO/IEC 17065) covering AI-relevant product certification, or prepare equivalent documentary evidence if accreditation is not yet available.
- Ensure all Article 30 requirements are demonstrably met before submitting the application.
- Submit the application to the notifying authority and track progress toward NANDO listing under Article 33.
- Plan for re-assessment: accreditation certificates have validity periods, and the notifying authority may conduct periodic surveillance.
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Frequently asked questions
Can a conformity assessment body apply in a Member State other than where it is established?
No. Article 29 requires the application to be submitted to the notifying authority of the Member State in which the body is established. Once notified, however, the body may serve providers across the entire EU.
Is accreditation mandatory for the application?
Accreditation is the primary pathway and provides a presumption of conformity (Article 31). However, where accreditation is not available, the body may provide equivalent documentary evidence for direct assessment by the notifying authority against Article 30 requirements.
How long does the application process take?
The AI Act does not prescribe a fixed timeline for the notifying authority's decision. After notification, the Commission and other Member States have one month (extendable to two) to raise objections under Article 33. Plan for several months end-to-end.