CHAPTER III · SECTION 5
AI Act Article 44: Certificates
Amended text. Regulation (EU) 2026/1744, the Digital Omnibus on AI, amended this Regulation with effect from 27 July 2026. The articles it changed, and the six it inserted (4a, 60a, 75a, 75b, 75c and 75d), are shown here in their consolidated wording, taken from the official consolidated text of 27 July 2026. The recitals are those of the original Regulation. Consolidated text on EUR-Lex (CELEX 02024R1689-20260727).
This article was not changed by the amendment.
1. Certificates issued by notified bodies in accordance with Annex VII shall be drawn-up in a language which can be easily understood by the relevant authorities in the Member State in which the notified body is established.
2. Certificates shall be valid for the period they indicate, which shall not exceed five years for AI systems covered by Annex I, and four years for AI systems covered by Annex III. At the request of the provider, the validity of a certificate may be extended for further periods, each not exceeding five years for AI systems covered by Annex I, and four years for AI systems covered by Annex III, based on a re-assessment in accordance with the applicable conformity assessment procedures. Any supplement to a certificate shall remain valid, provided that the certificate which it supplements is valid.
3. Where a notified body finds that an AI system no longer meets the requirements set out in Section 2, it shall, taking account of the principle of proportionality, suspend or withdraw the certificate issued or impose restrictions on it, unless compliance with those requirements is ensured by appropriate corrective action taken by the provider of the system within an appropriate deadline set by the notified body. The notified body shall give reasons for its decision.
An appeal procedure against decisions of the notified bodies, including on conformity certificates issued, shall be available.
What this article means in practice
Written by Engage Compliance. The text above is the article itself, reproduced from its official source and unchanged. Everything in this section is ours, and last read against the current text on 2026-10-14.
AI conformity certificates have stated validity periods, with different maximum lengths for Annex I and Annex III systems. Article 44 also requires action when a system no longer meets the relevant requirements, so an unexpired certificate does not remove the need to address a later loss of conformity.
Who it binds
- Article 44 addresses certificates issued by notified bodies in accordance with Annex VII, and decisions by those bodies. It is not a rule that every AI system receives a certificate from a notified body.
- Providers can request extensions under Article 44(2), but an extension depends on reassessment through the applicable conformity assessment procedures.
What it makes somebody do
- The notified body. Issue the certificate in a language easily understood by the relevant authorities in the Member State where the body is established under Article 44(1).
- The notified body and requesting provider. Keep each stated validity period within five years for Annex I systems and four years for Annex III systems under Article 44(2); apply the same maximum to each further period following reassessment.
- The notified body. Where the system no longer meets Section 2 requirements, suspend, withdraw or restrict the certificate proportionately unless appropriate provider corrections achieve compliance within the body's appropriate deadline, under Article 44(3).
- The notified body. Give reasons for the decision under Article 44(3); an appeal procedure must be available against notified-body decisions, including certificate decisions.
What it does not say
- The maximum validity in Article 44(2) is a ceiling, not a promise that every certificate lasts that long. The period actually indicated on the certificate is what the text makes relevant.
- Article 44(2) keeps a supplement valid only while the certificate it supplements is valid. A supplement should not be treated as a separate extension beyond the underlying certificate.
- Corrective action in Article 44(3) is tied to achieving compliance within an appropriate deadline. The text does not allow a provider to keep using a certificate indefinitely just by promising future corrections.
- Reasons and appeal are separate safeguards. An adverse decision still needs its explanation even where the provider intends to use the appeal route.
Source: official text on EUR-Lex. Last checked 5 October 2026.