Chapter IV — Notifying Authorities and Notified BodiesArticle 33

Article 33: Notification

Applies from 2 Aug 20266 min readEUR-Lex verified Apr 2026

Article 33 governs the formal notification process by which a conformity assessment body becomes a recognised notified body. The notifying authority must notify the Commission and other Member States of each designated body using the Commission's NANDO electronic notification tool. The notification includes full details of the conformity assessment activities, modules, and AI technologies covered, along with the relevant accreditation certificate. A notified body may only begin performing conformity assessment activities after notification, provided no objection is raised by the Commission or another Member State within one month (extendable to two months). Upon successful notification, the body receives a NANDO identification number. Always verify on EUR-Lex.

Who does this apply to?

  • -Notifying authorities submitting notifications to the Commission via the NANDO system
  • -The European Commission and Member States reviewing notifications and potentially raising objections
  • -Conformity assessment bodies awaiting formal NANDO listing and their identification number

Scenarios

A German notifying authority has approved a conformity assessment body for notification under the AI Act, covering third-party conformity assessment of biometric and recruitment AI systems. It submits the notification via NANDO.

The Commission and other 26 Member States are notified. No objection is raised within one month. The body receives a NANDO identification number and may begin conformity assessment activities for the specified AI system categories.
Ref. Art. 33

France raises a substantiated objection within the one-month period, questioning whether the notified body has sufficient expertise in fundamental rights assessment for biometric systems.

The objection period is extended to two months. The notifying authority, the Commission, and France consult. If the objection is upheld, the notifying authority must address the concern (e.g., require the body to enhance its capabilities) before the notification can proceed.
Ref. Art. 33

What Article 33 does (plain terms)

Article 33 establishes the formal communication process that transforms a qualified conformity assessment body into an officially recognised notified body. The process involves multiple EU actors:

1. Notifying authority submits notification — After approving a body under Article 29, the notifying authority uses the Commission's NANDO (New Approach Notified and Designated Organisations) electronic notification tool to notify the Commission and all other Member States.

2. Content of the notification — The notification must include: - Full details of the conformity assessment activities the body will perform - The conformity assessment modules covered (e.g., Annex VI or Annex VII procedures) - The AI technologies for which competence is claimed - The relevant accreditation certificate or equivalent documentation

3. Objection period — The Commission and other Member States have one month from notification to raise objections. If an objection is raised, the period extends to two months for consultation. If no objection is raised, or objections are resolved, the notification stands.

4. NANDO identification number — The notified body receives a unique identification number in the NANDO database, which providers reference in their conformity assessment documentation.

5. Start of activities — The notified body may only begin performing conformity assessment activities after the notification, and only if no unresolved objection exists.

Verify the full text on EUR-Lex Article 33.

The NANDO system and its role

NANDO (New Approach Notified and Designated Organisations) is the Commission's electronic database of notified bodies across all EU product legislation. Under the AI Act, NANDO serves as:

  • The official registry of all notified bodies authorised to perform AI Act conformity assessments.
  • The publication channel for notifications, enabling all Member States and the Commission to review new and changed designations.
  • The reference tool for providers selecting a notified body — providers can search NANDO by AI technology, module, and Member State.

The NANDO identification number assigned to each notified body must appear in conformity assessment certificates and is referenced in the EU database.

How Article 33 connects to the rest of the Act

  • Article 28 — The notifying authority that submits the notification.
  • Article 29 — The application that precedes notification.
  • Article 30 — Requirements the body must meet before notification.
  • Article 34 — Changes to notifications (scope changes, suspensions, withdrawals).
  • Article 43 — Conformity assessment procedures the notified body will carry out.
  • Article 113 — Application dates and staged entry into force.

The objection mechanism

The one-month (extendable to two-month) objection period is a peer-review safeguard. It allows the Commission and any Member State to challenge a notification where they believe the body does not meet Article 30 requirements or where the notification scope is inappropriate.

This mechanism ensures that notified body designations are not purely national decisions but subject to EU-wide scrutiny. In practice, objections are rare in other NLF legislation, but the AI-specific competence requirements of Article 30 may make them more likely during the early years of the AI Act's application.

Compliance checklist

  • As a notifying authority, prepare the NANDO notification with complete details: activities, modules, AI technologies, and accreditation documentation.
  • Submit the notification to the Commission and all Member States via the NANDO tool promptly after approving the conformity assessment body.
  • Monitor the one-month objection period and be prepared to respond to any substantiated objections from the Commission or other Member States.
  • As a conformity assessment body, do not begin conformity assessment activities until the notification period has concluded without objection.
  • Record the NANDO identification number and use it in all conformity assessment certificates and related documentation.
  • As a provider, verify that the notified body you engage has an active NANDO listing covering the relevant AI technology and conformity assessment module.

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Frequently asked questions

What is a NANDO identification number?

It is a unique number assigned to a notified body in the Commission's NANDO database. Providers reference this number in conformity assessment documentation, and it enables traceability of which body assessed which AI system.

Can a notified body perform assessments during the one-month objection period?

No. Article 33 provides that the notified body may only perform activities after notification, and only if no objection has been raised. The body must wait until the objection period lapses or any raised objection is resolved.

What happens if the Commission objects to a notification?

The objection period extends to two months for consultation between the notifying authority, the Commission, and the objecting party. If the objection is upheld, the notifying authority must address the concern before the notification can stand — which may mean the body must enhance its capabilities or the notification scope must be narrowed.