The Articles of the EU Artificial Intelligence Act (25.11.2022)



Article 41, Common specifications, Artificial Intelligence Act (Proposal 25.11.2022)


1. The Commission is empowered to adopt, after consulting the AI Board referred to in Article 56, implementing acts in accordance with the examination procedure referred to in Article 74(2) establishing common technical specifications for the requirements set out in Chapter 2 of this Title, or, as applicable, with requirements set out in Article 4a and Article 4b, where the following conditions have been fulfilled:


(a) no reference to harmonised standards covering the relevant essential safety or fundamental right concerns is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;


(b) the Commission has requested, pursuant to Article 10(1) of Regulation 1025/2012, one or more European standardisation organisations to draft a harmonised standard for the requirements set out in Chapter 2 of this Title;


(c) the request referred to in point (b) has not been accepted by any of the European standardisation organisations or the harmonised standards addressing that request are not delivered within the deadline set in accordance with article 10(1) of Regulation 1025/2012 or those standards do not comply with the request.


1a. Before preparing a draft implementing act, the Commission shall inform the committee referred to in Article 22 of Regulation EU (No) 1025/2012 that it considers that the conditions in paragraph 1 are fulfilled.


2. In the early preparation of the draft implementing act establishing the common specification, the Commission shall fulfil the objectives referred to in Article 40(2) and gather the views of relevant bodies or expert groups established under relevant sectorial Union law. Based on that consultation, the Commission shall prepare the draft implementing act.


3. High-risk AI systems or general purpose AI systems which are in conformity with the common specifications referred to in paragraph 1 shall be presumed to be in conformity with the requirements set out in Chapter 2 of this Title or, as applicable, with requirements set out in Article 4a and Article 4b, to the extent those common specifications cover those requirements.


4. When references of a harmonised standard are published in the Official Journal of the European Union, implementing acts referred to in paragraph 1, which cover the requirements set out in Chapter 2 of this Title or requirements set out in Article 4a and Article 4b, shall be repealed, as applicable.


5. When a Member State considers that a common specification does not entirely satisfy the requirements set out in Chapter 2 of this Title or requirements set out in Article 4a and Article 4b, as applicable, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend the implementing act establishing the common specification in question.


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):

https://www.artificial-intelligence-act.com/Artificial_Intelligence_Act_Articles_(Proposal_25.11.2022).html