Article 2, Scope, Artificial Intelligence Act (Proposal 25.11.2022)
1. This Regulation applies to:
(a) providers placing on the market or putting into service AI systems in the Union, irrespective of whether those providers are physically present or established within the Union or in a third country;
(b) users of AI systems who are physically present or established within the Union;
(c) providers and users of AI systems who are physically present or established in a third country, where the output produced by the system is used in the Union;
(d) importers and distributors of AI systems;
(e) product manufacturers placing on the market or putting into service an AI system together with their product and under their own name or trademark;
(f) authorised representatives of providers, which are established in the Union;
2. For AI systems classified as high-risk AI systems in accordance with Articles 6(1) and 6(2) related to products covered by Union harmonisation legislation listed in Annex II, section B only Article 84 of this Regulation shall apply. Article 53 shall apply only insofar as the requirements for high-risk AI systems under this Regulation have been integrated under that Union harmonisation legislation.
3. This Regulation shall not apply to AI systems if and insofar placed on the market, put into service, or used with or without modification of such systems for the purpose of activities which fall outside the scope of Union law, and in any event activities concerning military, defence or national security, regardless of the type of entity carrying out those activities.
In addition, this Regulation shall not apply to AI systems which are not placed on the market or put into service in the Union, where the output is used in the Union for the purpose of activities which fall outside the scope of Union law, and in any event activities concerning military, defence or national security, regardless of the type of entity carrying out those activities.
4. This Regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international agreements for law enforcement and judicial cooperation with the Union or with one or more Member States.
5. This Regulation shall not affect the application of the provisions on the liability of intermediary service providers set out in Chapter II, Section 4 of Directive 2000/31/EC of the European Parliament and of the Council31 [as to be replaced by the corresponding provisions of the Digital Services Act].
6. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research and development.
7. This Regulation shall not apply to any research and development activity regarding AI systems.
8. This Regulation shall not apply to obligations of users who are natural persons using AI systems in the course of a purely personal non-professional activity, except Article 52.
Important note: This is not the final text of the Artificial Intelligence Act. This is the text of the proposal from the Council of the European Union (25.11.2022).
The Articles of the EU Artificial Intelligence Act, proposal from the Council of the European Union (25.11.2022):