Article 37, Challenge to the competence of notified bodies, Artificial Intelligence Act (Proposal 25.11.2022)
1. The Commission shall, where necessary, investigate all cases where there are reasons to doubt whether a notified body complies with the requirements laid down in Article 33.
2. The notifying authority shall provide the Commission, on request, with all relevant information relating to the notification of the notified body concerned.
3. The Commission shall ensure that all confidential information obtained in the course of its investigations pursuant to this Article is treated confidentially in accordance with Article 70.
4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements laid down in Article 33, it shall inform the notifying authority of the reasons of such an ascertainment and request it to take the necessary corrective measures, including the suspension, restriction or withdrawal of the designation if necessary. Where the notifying authority fails to take the necessary corrective measures, the Commission may, by means of implementing acts, suspend, restrict or withdraw the notification. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Important note: This is not the final text of the Artificial Intelligence Act. This is the text of the proposal from the Council of the European Union (25.11.2022).
The Articles of the EU Artificial Intelligence Act, proposal from the Council of the European Union (25.11.2022):