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Article 83

AI Systems Already Placed on the Market or Put Into Service

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

1. Without prejudice to the application of Article 5 as referred in Article 85 (3) (-aa) AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before 12 months after the date of application of this Regulation referred to in Article 85(2) shall be brought into compliance with this Regulation by end of 2030.

The requirements laid down in this Regulation shall be taken into account in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts and whenever those legal acts are replaced or amended.

2. Without prejudice to the application of Article 5 as referred in Article 85 (3) (-aa ) this Regulation shall apply to operators of high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes in their designs. In the case of high-risk AI systems intended to be used by public authorities, providers and deployers of such systems shall take the necessary steps to comply with the requirements of the present Regulation four years after the date of entry into application of this Regulation.

3. Providers of general purpose AI models that have been placed on the market before [date of application of this Regulation referred to in point a) Article 85(3)] shall take the necessary steps in order to comply with the obligations laid down in this Regulation by [2 years after the date of entry into application of this Regulation referred to in point a) of 85(3)]

[Previous version]

1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [12 months after the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned.

The requirements laid down in this Regulation shall be taken into account, where applicable, in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts.

2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes in their design or intended purpose.

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