What REGULATION (EU) 2024/1689 (Artificial Intelligence Act) - Article 46 Derogation from Conformity Assessment Procedure and Article 2 Scope Exclusions requires
Article 46 of the EU AI Act allows a market surveillance authority to authorise the placing on the market or putting into service of a specific high-risk AI system, within its territory and for a limited period, before conformity assessment is completed, for exceptional reasons of public security, protection of life and health of persons, environmental protection, or protection of key industrial and infrastructural assets; Article 46(2) adds an urgency path under which law enforcement or civil protection authorities may use the system first and request authorisation during or after use. Separately, Article 2 excludes from the Regulation's scope AI systems used exclusively for military, defence or national security purposes, systems developed solely for scientific research and development, purely personal non-professional use by natural persons, and free and open-source systems that are not high-risk or covered by Article 5 or 50.
Pillar: AI Governance & Law · Authority: European Parliament and Council of the European Union · Version: 2.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024R1689
SHA-256 integrity: 7ca3b6a0e62701cc596c14ed57ac6f2ee39bd783713d713f1c9591738cb3ae07
Primary Citations — 11 traced to source
- Article 46(1): By way of derogation from Article 43 and upon a duly justified request, any market surveillance authority may authorise the placing on the market or the putting into service of specific high-risk AI systems within the territory of the Member State concerned, for exceptional reasons of public security or the protection of life and health of persons, environmental protection or the protection of key industrial and infrastructural assets. The authorisation shall be for a limited period while the necessary conformity assessment procedures are being carried out.
- Article 46(2): In a duly justified situation of urgency for exceptional reasons of public security or in the case of a specific, substantial and imminent threat to the life or physical safety of natural persons, law enforcement authorities or civil protection authorities may put a specific high-risk AI system into use without the authorisation referred to in paragraph 1, provided that such authorisation is requested during or after the use without undue delay.
+ 9 more citations (full bibliography, deterministic workflow, actionable schema and crosswalks) included in the vault unlock — $0.01 via Skyfire / L402 / Direct Base USDC.
Access
- Discovery (free): /api/v1/nodes/eu-ai-act-article-105-derogations-authorisation-defence.json — 6-field metadata
- Vault (full node): /api/v1/vault/nodes/eu-ai-act-article-105-derogations-authorisation-defence.json — full 13-key payload, $0.01 USDC (L402/Skyfire/Direct Base)
- Canonical URL: https://bidda.com/intelligence/eu-ai-act-article-105-derogations-authorisation-defence
- Back to registry: Browse all 10,099 compliance nodes