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Regulation (EU) 2024/1689 (AI Act) · Chapter III · High-risk AI systems

Article 33 · Subsidiaries of notified bodies and subcontracting

Text

  1. Where a notified body subcontracts specific tasks connected with the conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements laid down in Article 31, and shall inform the notifying authority accordingly.

  2. Notified bodies shall take full responsibility for the tasks performed by any subcontractors or subsidiaries.

  3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the provider. Notified bodies shall make a list of their subsidiaries publicly available.

  4. The relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work carried out by them under this Regulation shall be kept at the disposal of the notifying authority for a period of five years from the termination date of the subcontracting.

Text: Official Journal of the EU, 12 July 2024. No consolidated version reflecting Regulation (EU) 2026/1744 has been issued yet.

Commentary

Subcontracting of assessment only with the client’s consent and with the notified body retaining full responsibility.