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12c

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

This Regulation should support innovation, respect freedom of science, and should not undermine research and development activity. It is therefore necessary to exclude from its scope AI systems and models specifically developed and put into service for the sole purpose of scientific research and development. Moreover, it is necessary to ensure that the Regulation does not otherwise affect scientific research and development activity on AI systems or models prior to being placed on the market or put into service. As regards product oriented research, testing and development activity regarding AI systems or models, the provisions of this Regulation should also not apply prior to these systems and models being put into service or placed on the market. This is without prejudice to the obligation to comply with this Regulation when an AI system falling into the scope of this Regulation is placed on the market or put into service as a result of such research and development activity and to the application of provisions on regulatory sandboxes and testing in real world conditions. Furthermore, without prejudice to the foregoing regarding AI systems specifically developed and put into service for the sole purpose of scientific research and development, any other AI system that may be used for the conduct of any research and development activity should remain subject to the provisions of this Regulation. Under all circumstances, any research and development activity should be carried out in accordance with recognised ethical and professional standards for scientific research and should be conducted according to applicable Union law.

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General Purpose AI Systems

In the light of the nature and complexity of the value chain for AI systems, it is essential to clarify the role of actors who may contribute to the development of AI systems, notably high-risk AI systems. In particular, it is necessary to clarify that general purpose AI systems are AI systems that are intended by the provider to perform generally applicable functions, such as image/speech recognition, and in a plurality of contexts. They may be used as high-risk AI systems by themselves or be components of other high-risk AI systems. Therefore, due to their particular nature and in order to ensure a fair sharing of responsibilities along the AI value chain, such systems should be subject to proportionate and more specific requirements and obligations under this Regulation while ensuring a high level of protection of fundamental rights, health and safety. In addition, the providers of general purpose AI systems, irrespective of whether they may be used as high-risk AI systems as such by other providers or as components of high-risk AI systems, should cooperate, as appropriate, with the providers of the respective high-risk AI systems to enable their compliance with the relevant obligations under this Regulation and with the competent authorities established under this Regulation. In order to take into account the specific characteristics of general purpose AI systems and the fast evolving market and technological developments in the field, implementing powers should be conferred on the Commission to specify and adapt the application of the requirements established under this Regulation to general purpose AI systems and to specify the information to be shared by the providers of general purpose AI systems in order to enable the providers of the respective high-risk AI system to comply with their obligations under this Regulation.

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