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88

Updated on April 10th 2024 based on the version and article numbering approved by the EU Parliament on March 13th 2024.

Along the AI value chain multiple parties often supply AI systems, tools and services but also components or processes that are incorporated by the provider into the AI system with various objectives, including the model training, model retraining, model testing and evaluation, integration into software, or other aspects of model development. Those parties have an important role to play in the value chain towards the provider of the high-risk AI system into which their AI systems, tools, services, components or processes are integrated, and should provide by written agreement this provider with the necessary information, capabilities, technical access and other assistance based on the generally acknowledged state of the art, in order to enable the provider to fully comply with the obligations set out in this Regulation, without compromising their own intellectual property rights or trade secrets.

[Previous version]

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

This Regulation should apply from … [OP – please insert the date established in Art. 85]. However, taking into account the unacceptable risk associated with the use of AI in certain ways, the prohibitions should apply already from … [OP – please insert the date – 6 months after entry into force of this Regulation]. While the full effect of these prohibitions follows with the establishment of the governance and enforcement of this Regulation, anticipating the application of the prohibitions is important to take account of unacceptable risk and has effect on other procedures, such as in civil law. Moreover, the infrastructure related to the governance and the conformity assessment system should be operational before [OP – please insert the date established in Art. 85], therefore the provisions on notified bodies and governance structure should apply from … [OP – please insert the date – twelve months following the entry into force of this Regulation]. Given the rapid pace of technological advancements and adoption of general-purpose AI models, obligations for providers of general purpose AI models should apply within 12 months from the date of entry into force. Codes of Practice should be ready at the latest 3 months before the entry into application of the relevant provisions, to enable providers to demonstrate compliance in time. The AI Office should ensure that classification rules and procedures are up to date in light of technological developments. In addition, Member States should lay down and notify to the Commission the rules on penalties, including administrative fines, and ensure that they are properly and effectively implemented by the date of application of this Regulation. Therefore, the provisions on penalties should apply from [OP – please insert the date – twelve months following the entry into force of this Regulation].

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