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

It is also necessary to clarify a procedure for the classification of a general purpose AI model with systemic risks. A general purpose AI model that meets the applicable threshold for high-impact capabilities should be presumed to be a general purpose AI models with systemic risk. The provider should notify the AI Office at the latest two weeks after the requirements are met or it becomes known that a general purpose AI model will meet the requirements that lead to the presumption. This is especially relevant in relation to the FLOP threshold because training of general purpose AI models takes considerable planning which includes the upfront allocation of compute resources and, therefore, providers of general purpose AI models are able to know if their model would meet the threshold before the training is completed. In the context of this notification, the provider should be able to demonstrate that because of its specific characteristics, a general purpose AI model exceptionally does not present systemic risks, and that it thus should not be classified as a general purpose AI model with systemic risks. This information is valuable for the AI Office to anticipate the placing on the market of general purpose AI models with systemic risks and the providers can start to engage with the AI Office early on. This is especially important with regard to general-purpose AI models that are planned to be released as open-source, given that, after open-source model release, necessary measures to ensure compliance with the obligations under this Regulation may be more difficult to implement.

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