ANALYSIS — EDITORIAL, NOT THE LEGAL RECORD
As the first AI Act standards approach publication, a predictable confusion is forming. Teams see a standard exists and assume that following it grants presumption of conformity. It does not.
Presumption of conformity under Article 40 attaches only when the reference to a harmonised standard is cited in the Official Journal of the EU. Publication by CEN-CENELEC and that citation are distinct events, potentially months apart, and only the second carries the legal effect.
Where no cited standard exists in time, the Commission can adopt common specifications as a fallback. For planning, the safe assumption is that a Q4 2026 publication does not mean a Q4 2026 presumption of conformity — and roadmaps should track the citation date separately.
Sources: Art. 40 · Art. 41 · verified 2026-07-16
Analysis is original writing by the euaicompliant desk. Not legal advice — the binding text is on EUR-Lex.
Analysis is original writing by the euaicompliant desk. Not legal advice — the binding text is on EUR-Lex.