Art.38

Article 38 — Coordination of Notified Bodies

Governance SME Relevant ~2 min read · 430 words

Article 38 requires notified bodies to coordinate with each other — sharing knowledge, aligning interpretations, and participating in common activities to ensure consistent application of assessment standards across the EU. Without coordination, the same AI system could receive different assessments in different member states, creating compliance uncertainty.

✓ Low compliance impact for SMEs

WHAT THE ARTICLE IS ABOUT

Preventing inconsistent assessment across member states

Article 38 establishes the coordination framework for notified bodies operating across the EU. It requires notified bodies to participate in sector groups and coordination activities, share information, and work toward consistent application of the AI Act’s requirements — ensuring that a conformity certificate issued in one member state is genuinely equivalent to one issued in another.

WHAT IT SAYS

Sector groups, information sharing, and Commission coordination

The Commission must ensure coordination and cooperation between notified bodies through sector groups of notified bodies
Notified bodies must participate in these groups directly or through designated representatives
The groups must coordinate consistent application of assessment procedures and share information on issues including negative decisions, experience with emerging AI technologies, and harmonised interpretation of requirements
The Commission may adopt implementing acts establishing rules for the operation of coordination groups
Notified bodies must share information about certificates they issue, restrict, suspend or withdraw — enabling other bodies to be aware of systemic issues
The coordination framework also covers cooperation with notified bodies under other EU harmonisation legislation where AI systems are dual-regulated

WHO IS AFFECTED

Notified bodies and the Commission coordinating them

All notified bodies designated under the AI Act — participation in coordination activities is mandatory
The European Commission which must establish and maintain the coordination framework
Providers indirectly — consistent assessment standards mean more predictable conformity assessment outcomes across the EU
Notified bodies under other EU legislation where AI Act coordination intersects with existing sectoral coordination groups

WHAT IT MEANS FOR SMES

Consistency in assessment standards across the EU

The direct impact for SMEs is indirect but real: coordination requirements reduce the risk of forum shopping — a situation where providers seek out the most lenient notified body in the cheapest member state
Consistent interpretation of requirements means the standards your AI system is assessed against should be the same whether you use a German, French or Italian notified body
Information sharing between bodies about negative decisions is particularly significant: if your system fails assessment in one member state, other notified bodies will be aware — you cannot simply try again with a different body without addressing the underlying issue
The coordination framework is still being established as the AI Act is implemented — harmonised interpretations will develop over time and may affect how specific requirements are assessed

Article 34 — Operational obligations (coordination participation is part of operational conduct)
Article 31 — Requirements for notified bodies (coordination participation is a requirement)
Article 43 — Conformity assessment (consistent procedures across bodies benefit providers)
Article 40 — Harmonised standards (the technical standards that coordination helps interpret consistently)

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