Recital 39 (Omnibus) Clarification of the grace period for existing high-risk AI*

1To provide sufficient time for providers of high-risk AI systems and to clarify rules applicable to the AI systems already placed on the market or put into service before the relevant provisions of Regulation (EU) 2024/1689 apply, it is appropriate to clarify the scope of the grace period provided in Article 111(2) of that Regulation. 2For the purpose of that Article 111(2), the grace period should apply where the type and model of AI system has already been placed on the market. 3This means that if at least one individual unit of the high-risk AI system has been lawfully placed on the market or put into service before the date specified in Article 111(2), other individual units of the same type and model of high-risk AI system are subject to the grace period provided in that Article 111(2) and thus may continue to be placed on the market, made available or put into service on the Union market without any additional obligations, requirements or the need for additional certification, as long as the design of that high-risk AI system remains unchanged. 4For the purposes of the application of the grace period provided in Article 111(2), the decisive factor is the date on which the first unit of that type and model of high-risk AI system was placed on the market or put into service on the Union market for the first time. 5Any significant change to the design of that AI system after the date specified in Article 111(2) should trigger the obligation of the provider to fully comply with all relevant provisions of that Regulation applicable to high-risk AI systems, including the conformity assessment requirements.

* This title is an unofficial description.