Articles 40 to 42: standards, common specifications and presumption of conformity

obligation

Articles 40 to 42: standards, common specifications and presumption of conformity

A party applying a harmonised standard whose reference has been published in the Official Journal of the European Union is presumed to be in conformity with the requirements of Section 2 or with the obligations of Chapter V, Sections 2 and 3, to the extent that the standard covers them. As long as no such standard exists, the Commission may adopt common specifications by implementing act, and those carry the same presumption. If you do not apply such a common specification, you must duly justify that you have adopted technical solutions that are at least equivalent. Article 42 adds three narrow presumptions, and they do not all arise in the same way. Paragraph 1 gives the presumption of conformity with Article 10(4) to systems trained and tested on data reflecting the specific geographical, behavioural, contextual or functional setting within which they are intended to be used; no publication in the Official Journal is attached to it. Paragraph 2 does carry that condition: the presumption of conformity with the cybersecurity requirements of Article 15 applies to systems certified under a scheme pursuant to Regulation (EU) 2019/881 the references of which have been published in the Official Journal. The paragraph 3 added by Article 1, point (18), of Regulation (EU) 2026/1744 gives that same presumption to systems falling within the scope of Regulation (EU) 2024/2847 that meet the conditions in Article 12(1) thereof. Each of these presumptions is rebuttable and reaches no further than what the standard, the specification or the certification covers.