Article 34: Changes to Notifications
Article 34 requires the notifying authority to notify the Commission and other Member States of any subsequent relevant changes to the notification of a notified body. This covers expansions of scope (new AI technologies or modules), restrictions, suspensions, and withdrawals of notification. The Commission updates the NANDO database accordingly. Where a notification is restricted, suspended, or withdrawn, the notifying authority must ensure that affected certificates or decisions are either transferred to another notified body or that the providers are informed in a timely manner. Always verify on EUR-Lex.
Who does this apply to?
- -Notifying authorities managing changes to the notification status of notified bodies in their jurisdiction
- -Notified bodies whose scope, status, or designation is changed, restricted, suspended, or withdrawn
- -Providers whose conformity assessment certificates may be affected by notification changes
Scenarios
A notified body originally designated for conformity assessment of Annex III recruitment AI systems successfully demonstrates competence in credit scoring AI and requests a scope expansion.
During a periodic surveillance audit, the notifying authority finds that a notified body's AI testing lab has lost key personnel and no longer meets Article 30 competence requirements for adversarial robustness testing.
What Article 34 does (plain terms)
Article 34 ensures the NANDO database and all stakeholders stay up to date when a notified body's status or scope changes. Notifications are not static: over time, a notified body may expand its capabilities, lose key staff, face quality issues, or voluntarily exit certain domains.
The article covers four types of changes:
1. Scope expansion — The notified body adds new AI technologies or conformity assessment modules to its designation. The notifying authority must assess whether Article 30 requirements are met for the new scope and notify the change.
2. Scope restriction — The notifying authority narrows the body's designation, removing certain AI technologies or modules. This may result from a surveillance finding or the body's own request.
3. Suspension — The notifying authority temporarily suspends the body's ability to perform some or all conformity assessment activities, typically pending investigation of a compliance concern.
4. Withdrawal — The notifying authority fully removes the body's notified body status. This is the most severe action, used when the body no longer meets Article 30 requirements and cannot or will not remediate.
In all cases involving restriction, suspension, or withdrawal, the notifying authority must ensure continuity for affected providers: certificates must be transferred to another notified body or providers must be informed so they can take appropriate action.
Verify the full text on EUR-Lex Article 34.
Impact on providers and existing certificates
When a notification is restricted, suspended, or withdrawn, the practical consequences for providers are significant:
- Ongoing assessments may be interrupted and need to be transferred to another notified body.
- Existing certificates issued by the affected body remain valid in principle, but the notifying authority must ensure that another notified body can take over surveillance responsibilities or that providers are informed of the situation.
- New applications for conformity assessment in the affected scope can no longer be submitted to the body.
Providers should monitor NANDO for changes to their notified body's status and have contingency plans for switching to an alternative notified body if needed. This is particularly important during the early years of AI Act application when the pool of AI-qualified notified bodies may be limited.
How Article 34 connects to the rest of the Act
- Article 33 — The original notification that Article 34 changes modify; similar NANDO communication procedures apply.
- Article 28 — The notifying authority responsible for initiating changes.
- Article 30 — Ongoing compliance with these requirements determines whether restriction, suspension, or withdrawal is needed.
- Article 36 — Challenge to the competence of notified bodies, which may trigger Article 34 actions.
- Article 113 — Application dates and staged entry into force.
Compliance checklist
- As a notifying authority, establish internal procedures for monitoring notified body compliance and triggering notification changes when needed.
- Notify the Commission and all Member States promptly when any change to a notification occurs (expansion, restriction, suspension, or withdrawal).
- When restricting, suspending, or withdrawing a notification, ensure affected certificates are transferred to another notified body or providers are promptly informed.
- As a notified body, report any material changes in your capability, staffing, or organisation to the notifying authority proactively.
- As a provider, monitor the NANDO database for changes to your notified body's listing and maintain a contingency plan for switching to an alternative body.
- Update the NANDO database entry to reflect the change without undue delay.
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Frequently asked questions
Are existing conformity assessment certificates invalidated when a notification is withdrawn?
Not automatically. The notifying authority must ensure continuity by arranging transfer of affected files and certificates to another notified body. However, providers should act promptly to secure ongoing surveillance coverage.
Can a notified body voluntarily request a scope reduction?
Yes. A notified body may request that its notification scope be narrowed — for example, if it decides to exit a particular AI technology domain. The notifying authority processes this as a scope restriction under Article 34.
How are providers informed of notification changes?
The notifying authority must ensure providers are informed. In practice, this is typically done through the updated NANDO listing, direct communication from the notifying authority or the notified body, and in some cases through national gazette publications.