Art.29

Article 29 — Application of a Conformity Assessment Body for Notification

Governance SME Relevant ~2 min read · 453 words

Article 29 sets out the procedure by which a conformity assessment body applies to become a notified body under the EU AI Act. It defines what documentation must be submitted, how accreditation works, and how the Commission is informed of new notifications. This article is primarily relevant to the bodies that want to conduct third-party AI audits commercially.

✓ Low compliance impact for SMEs

WHAT THE ARTICLE IS ABOUT

How conformity assessment bodies become notified bodies

Article 29 establishes the application and notification procedure for conformity assessment bodies seeking official designation as notified bodies under the AI Act. Notified bodies are the organisations authorised to conduct third-party conformity assessments of high-risk AI systems. This article defines the front door of that designation process.

WHAT IT SAYS

Application, accreditation, and Commission notification

Conformity assessment bodies must submit an application for notification to the notifying authority of the member state in which they are established
The application must include: a description of the conformity assessment activities they intend to carry out, the assessment modules they will use, the types of AI systems they claim competence to assess, and an accreditation certificate from a national accreditation body where one exists
Where no accreditation certificate is available, the applicant must provide documentary evidence sufficient for the notifying authority to verify its competence
The notifying authority assesses the application and, if satisfied, formally notifies the Commission and other member states of the designation
The notification is made through the Commission’s NANDO electronic notification tool
Existing designations under other EU harmonisation legislation are taken into account — bodies already notified under the Medical Devices Regulation or Machinery Directive, for example, may build on those designations

WHO IS AFFECTED

Testing and certification bodies seeking AI audit designation

Testing laboratories, certification bodies, and inspection organisations that wish to conduct third-party AI conformity assessments commercially
Bodies already notified under other EU product safety legislation who wish to extend their designation to cover AI systems
National accreditation bodies that assess the competence of applicant conformity assessment bodies
National notifying authorities that process and evaluate the applications

WHAT IT MEANS FOR SMES

Context for choosing a notified body — not a direct obligation

This article does not impose any obligation on SMEs — it governs the process by which assessment bodies become authorised, not the process by which providers use them
Understanding this article helps when selecting a notified body: a body that has gone through this rigorous designation process and appears in the NANDO register has been verified as competent by national authorities
Beware of unregistered bodies claiming to offer AI Act conformity assessments — only officially designated notified bodies appearing in NANDO have legal standing to issue certificates under the Act
The accreditation requirement is meaningful: bodies accredited under ISO 17021 or ISO 17065 for relevant scopes have demonstrated baseline competence that the notifying authority has independently verified

Article 28 — Notifying authorities (the bodies that receive and process these applications)
Article 31 — Requirements for notified bodies (the standards applicants must demonstrate)
Article 30 — Notification procedure (what happens after the application is approved)
Article 35 — Identification numbers and lists (where approved notified bodies are publicly listed)

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