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Article 52b

Procedure

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

1. Where a general purpose AI model meets the requirements referred to in points (a) of Article 52a(1), the relevant provider shall notify the Commission without delay and in any event within 2 weeks after those requirements are met or it becomes known that these requirements will be met. That notification shall include the information necessary to demonstrate that the relevant requirements have been met. If the Commission becomes aware of a general purpose AI model presenting systemic risks of which it has not been notified, it may decide to designate it as a model with systemic risk.

2. The provider of a general purpose AI model that meets the requirements referred to in points (a) of Article 52a(1) may present, with its notification, sufficiently substantiated arguments to demonstrate that, exceptionally, although it meets the said requirements, the general-purpose AI model does not present, due to its specific characteristics, systemic risks and therefore should not be classified as general-purpose AI model with systemic risk.

3. Where the Commission concludes that the arguments submitted pursuant to paragraph 2 are not sufficiently substantiated and the relevant provider was not able to demonstrate that the general purpose AI model does not present, due to its specific characteristics, systemic risks, it shall reject those arguments and the general purpose AI model shall be considered as general purpose AI model with systemic risk.

4. The Commission may designate a general purpose AI model as presenting systemic risks, ex officio or following a qualified alert of the scientific panel pursuant to point (a) of Article 68h [Alerts of systemic risks by the scientific panel] (1) on the basis of criteria set out in Annex IXc. The Commission shall be empowered to specify and update the criteria in Annex IXc by means of delegated acts in accordance with Article 74(2).

4a. Upon a reasoned request of a provider whose model has been designated as a general purpose AI model with systemic risk pursuant to paragraph 4, the Commission shall take the request into account and may decide to reassess whether the general purpose AI model can still be considered to present systemic risks on the basis of the criteria set out in Annex IXc. Such request shall contain objective, concrete and new reasons that have arisen since the designation decision. Providers may request reassessment at the earliest six months after the designation decision. Where the Commission, following its reassessment, decides to maintain the designation as general-purpose AI model with systemic risk, providers may request reassessment at the earliest six months after this decision.

5. The Commission shall ensure that a list of general purpose AI models with systemic risk is published and shall keep that list up to date, without prejudice to the need to respect and protect intellectual property rights and confidential business information or trade secrets in accordance with Union and national law.

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