Article 40 Présomption de conformité des organismes notifiés

This brief article establishes a presumption of compliance for conformity assessment bodies.

It directly supports Article 39, which sets out the requirements that conformity assessment bodies must meet in order to be eligible for notification.

Article 40 creates a shortcut: if a conformity assessment body can demonstrate that it meets the criteria of relevant harmonised standards published in the Official Journal of the European Union, it is presumed to satisfy the corresponding Article 39 requirements without needing to prove compliance separately.

Important points:

• Conformity assessment bodies that demonstrate alignment with relevant harmonised standards are presumed to comply with the Article 39 requirements those standards cover.
• The presumption only applies to the extent that the harmonised standards actually address the relevant Article 39 requirements.
• The harmonised standards in question must have their references published in the Official Journal of the European Union to trigger this presumption.