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Annex IXc


Removed on May 8th 2024 based on the version and article numbering in the EU Parliament's 'Corrigendum' version dated April 19th 2024.

[Previous version]

Removed on April 10th 2024 based on the version and article numbering approved by the EU Parliament on March 13th 2024.

Updated on Feb 6th 2024 based on the version endorsed by the Coreper I on Feb 2nd

Criteria for the Designation of General Purpose AI Models with Systemic Risk Referred to in Article 52a

For the purpose of determining that a general purpose AI model has capabilities or impact equivalent to those of points (a) and (b) in Article 52a, the Commission shall take into account the following criteria:

  1. number of parameters of the model;
  2. quality or size of the data set, for example measured through tokens;
  3. the amount of compute used for training the model, measured in FLOPs or indicated by a combination of other variables such as estimated cost of training, estimated time required for the training, or estimated energy consumption for the training;
  4. input and output modalities of the model, such as text to text (large language models), text to image, multi-modality, and the state-of-the-art thresholds for determining high-impact capabilities for each modality, and the specific type of inputs and outputs (e.g. biological sequences);
  5. benchmarks and evaluations of capabilities of the model, including considering the number of tasks without additional training, adaptability to learn new, distinct tasks, its degree of autonomy and scalability, the tools it has access to;
  6. it has a high impact on the internal market due to its reach, which shall be presumed when it has been made available to at least 10 000 registered business users established in the Union;
  7. number of registered end-users.
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