§ EU AI Act · Article 36

AI Act Article 36: Obligations, Deadlines & Penalties

Regulation (EU) 2024/1689, Article 36 · All obligations · EU AI Act
At a glance
Article 36 of the AI Act imposes 17 obligations on national competent authority, notified body, notifying authority. At least one obligation carries an explicit compliance deadline.
§ Obligations

All obligations under Article 36

Obligation 1
The notifying authority shall notify the Commission and the other Member States of any relevant changes to the notification of a notified body via the electronic notification tool. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
notify
Deadline
Penalty
Obligation 2
Where a notified body decides to cease its conformity assessment activities, it shall inform the notifying authority and the providers concerned as soon as possible and, in the case of a planned cessation, at least one year before ceasing its activities. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notified body
Action required
inform
Deadline
as soon as possible; at least one year before ceasing activities if planned
Penalty
Obligation 3
The latter notified body shall complete a full assessment of the high-risk AI systems affected by the end of the nine-month period before issuing new certificates for those systems. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notified body
Sector scope
high-risk AI systems
Action required
assess
Deadline
by the end of the nine-month period after cessation
Penalty
Obligation 4
Where the notified body has ceased its activity, the notifying authority shall withdraw the designation. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
withdraw
Deadline
Penalty
Obligation 5
Where a notifying authority has sufficient reason to consider that a notified body no longer meets requirements or is failing to fulfil obligations, it shall without delay investigate the matter with the utmost diligence. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
investigate
Deadline
without delay
Penalty
Obligation 6
The notifying authority shall inform the notified body concerned about the objections raised and give it the possibility to make its views known. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
inform
Deadline
Penalty
Obligation 7
If the notifying authority concludes that the notified body no longer meets requirements or is failing to fulfil obligations, it shall restrict, suspend or withdraw the designation as appropriate. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
restrict, suspend, or withdraw
Deadline
Penalty
Obligation 8
The notifying authority shall immediately inform the Commission and the other Member States accordingly regarding the restriction, suspension, or withdrawal of designation. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
inform
Deadline
immediately
Penalty
Obligation 9
Where its designation has been suspended, restricted, or fully or partially withdrawn, the notified body shall inform the providers concerned within 10 days. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notified body
Action required
inform
Deadline
within 10 days
Penalty
Obligation 10
In the event of the restriction, suspension or withdrawal of a designation, the notifying authority shall take appropriate steps to ensure that the files of the notified body concerned are kept, and to make them available to notifying authorities in other Member States and to market surveillance authorities at their request. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
ensure
Deadline
Penalty
Obligation 11
In the event of the restriction, suspension or withdrawal of a designation, the notifying authority shall assess the impact on the certificates issued by the notified body. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
assess
Deadline
Penalty
Obligation 12
The notifying authority shall submit a report on its findings to the Commission and the other Member States within three months of having notified the changes to the designation. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
report
Deadline
within three months of having notified the changes
Penalty
Obligation 13
The notifying authority shall require the notified body to suspend or withdraw, within a reasonable period of time determined by the authority, any certificates which were unduly issued. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
require
Deadline
within a reasonable period of time determined by the authority
Penalty
Obligation 14
The notifying authority shall inform the Commission and the Member States about certificates the suspension or withdrawal of which it has required. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
inform
Deadline
Penalty
Obligation 15
The notifying authority shall provide the national competent authorities of the Member State in which the provider has its registered place of business with all relevant information about the certificates of which it has required the suspension or withdrawal. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
provide
Deadline
Penalty
Obligation 16
The national competent authority shall take the appropriate measures, where necessary, to avoid a potential risk to health, safety or fundamental rights regarding certificates suspended or withdrawn. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
national competent authority
Action required
take measures
Deadline
Penalty
Obligation 17
The notifying authority has confirmed, within one month of the suspension or restriction, that there is no risk to health, safety or fundamental rights in relation to certificates affected by the suspension or restriction, and the notifying authority has outlined a timeline for actions to remedy the suspension or restriction. Regulation (EU) 2024/1689, Article 36, Article 36
Obligated entity
notifying authority
Action required
confirm
Deadline
within one month of the suspension or restriction
Penalty
§ Deadlines

EU AI Act compliance deadlines

§ Frequently asked

Questions about Article 36

Who must comply with Article 36 of the AI Act? +
national competent authority, notified body, notifying authority.
What does Article 36 of the AI Act require? +
notify inform assess
What is the compliance deadline for AI Act Article 36? +
as soon as possible; at least one year before ceasing activities if planned; by the end of the nine-month period after cessation; immediately; within 10 days; within a reasonable period of time determined by the authority; within one month of the suspension or restriction; within three months of having notified the changes; without delay
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