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Article 82a

Guidelines from the Commission on the Implementation of this Regulation

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

1. The Commission shall develop guidelines on the practical implementation of this Regulation, and in particular on:

  1. the application of the requirements and obligations referred to in Articles 8 - 15 and Article 28;
  2. the prohibited practices referred to in Article 5;
  3. the practical implementation of the provisions related to substantial modification;
  4. the practical implementation of transparency obligations laid down in Article 52;
  5. detailed information on the relationship of this Regulation with the legislation referred to in Annex II of this Regulation as well as other relevant Union law, including as regards consistency in their enforcement;
  6. the application of the definition of an AI system as set out in Article 3(1).

When issuing such guidelines, the Commission shall pay particular attention to the needs of SMEs including start-ups, local public authorities and sectors most likely to be affected by this Regulation.

The guidelines referred to in the first subparagraph shall take due account of the generally acknowledged state of the art on AI, as well as of relevant harmonised standards and common specifications that are referred to in Articles 40 and 41, or of those harmonised standards or technical specifications that are set out pursuant to Union harmonisation law.

2. Upon request of the Member States or the AI Office, or on its own initiative, the Commission shall update already adopted guidelines when deemed necessary.

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