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Article 51

Classification of General-Purpose AI Models as General-Purpose AI Models with Systemic Risk

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

1. A general-purpose AI model shall be classified as a general-purpose AI model with systemic risk if it meets any of the following conditions:

  1. it has high impact capabilities evaluated on the basis of appropriate technical tools and methodologies, including indicators and benchmarks;
  2. based on a decision of the Commission, ex officio or following a qualified alert from the scientific panel, it has capabilities or an impact equivalent to those set out in point (a) having regard to the criteria set out in Annex XIII.

2. A general-purpose AI model shall be presumed to have high impact capabilities pursuant to paragraph 1, point (a), when the cumulative amount of computation used for its training measured in floating point operations is greater than 1025.

3. The Commission shall adopt delegated acts in accordance with Article 97 to amend the thresholds listed in paragraphs 1 and 2 of this Article, as well as to supplement benchmarks and indicators in light of evolving technological developments, such as algorithmic improvements or increased hardware efficiency, when necessary, for these thresholds to reflect the state of the art.

[Previous version]

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

1. A general-purpose AI model shall be classified as a general-purpose AI model with systemic risk if it meets any of the following requirements:

  1. it has high impact capabilities evaluated on the basis of appropriate technical tools and methodologies, including indicators and benchmarks;
  2. based on a decision of the Commission, ex officio or following a qualified alert from the scientific panel, it has capabilities or an impact equivalent to those set out in point (a) having regard to the criteria set out in Annex XIII.

2. A general-purpose AI model shall be presumed to have high impact capabilities pursuant to paragraph 1, point (a), when the cumulative amount of computation used for its training measured in FLOPs is greater than 10^25.

3. The Commission shall adopt delegated acts in accordance with Article 97 to amend the thresholds listed in paragraphs 2 and 3 of this Article, as well as to supplement benchmarks and indicators in light of evolving technological developments, such as algorithmic improvements or increased hardware efficiency, when necessary, for these thresholds to reflect the state of the art.

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

Registration

1. Before placing on the market or putting into service a high-risk AI system listed in Annex III, with the exception of high risk AI systems referred to in Annex III point 2, the provider or, where applicable, the authorised representative shall register themselves and their system in the EU database referred to in Article 60.

1a. Before placing on the market or putting into service an AI system for which the provider has concluded that it is not high-risk in application of the procedure under Article 6(2a), the provider or, where applicable, the authorised representative shall register themselves and that system in the EU database referred to in Article 60.

1b. Before putting into service or using a high-risk AI system listed in Annex III, with the exception of high-risk AI systems listed in Annex III, point 2, deployers who are public authorities, agencies or bodies or persons acting on their behalf shall register themselves, select the system and register its use in the EU database referred to in Article 60.

1c. For high-risk AI systems referred to Annex III, points 1, 6 and 7 in the areas of law enforcement, migration, asylum and border control management, the registration referred to in paragraphs 1 to 1b shall be done in a secure non-public section of the EU database referred to in Article 60 and include only the following information, as applicable:

  • points 1 to 9 of Annex VIII, section A with the exception of points 5a, 7 and 8;
  • points 1 to 3 of Annex VIII, section B;
  • points 1 to 9 of Annex VIII, section X with the exception of points 6 and 7;
  • points 1 to 5 of Annex VIIIa with the exception of point 4.

Only the Commission and national authorities referred to in Art. 63(5) shall have access to these restricted sections of the EU database.

1d. High risk AI systems referred to in Annex III, point 2 shall be registered at national level.

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