EU AI Act Conformity Testing: What Article 9 Requires

Regulation (EU) 2026/1744 amended the EU AI Act’s timetable for most high-risk AI system obligations, moving the application date to 2 December 2027 for systems classified under Annex III and 2 August 2028 for those under Annex I, while rules on notified bodies and conformity assessment continue to apply from 2025 and 2026 respectively. The discussion emphasizes that Article 9 makes testing mandatory for high-risk systems, requiring providers to establish and maintain a lifecycle risk-management system, test systems before market placement, and use metrics and probabilistic thresholds defined in advance and suited to the system’s intended purpose, without prescribing a universal accuracy target. It also explains that notified bodies may examine technical documentation, access relevant datasets, request additional evidence or testing, and independently test systems when provider evidence is insufficient, with model access possible under more limited conditions. Effective compliance preparation therefore involves preserving versioned datasets, models, environments, test criteria, and decision records so tests can be reproduced, while using post-market monitoring data to reassess risks, residual-risk acceptability, and the need for further mitigation or testing.

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