What EU AI Act Article 46 - Derogation from Conformity Assessment Procedures requires
EU AI Act Regulation 2024/1689 Article 46 provides an exceptional derogation procedure allowing market surveillance authorities to authorise the placing on the market or putting into service of specific high-risk AI systems within their territory where it is justified for public security reasons or for the protection of life and health of persons, environmental protection, or key industrial and infrastructure assets - the derogation is granted by national market surveillance authorities for a limited period, does not replace the applicable conformity assessment obligations, and must be immediately notified to the Commission and other Member States through the Union Safeguard Mechanism.
Pillar: AI Governance & Law · Authority: European Commission · Version: 1.0.1 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689
SHA-256 integrity: cdd59599b4289a86406aa159be33b63fe2381137bbb481f19d25aaaabf124d9c
Primary Citations — 5 traced to source
- {"title":"Regulation (EU) 2024/1689 - Article 46: Derogation from Conformity Assessment Procedures","url":"https://eur-lex.europa.eu","relevance":"Primary EU AI Act provision establishing the exceptional derogation procedure for placing on the market or putting into service of high-risk AI systems without completing the applicable conformity assessment, where justified for public security, protection of life and health of persons, environmental protection, or protection of key industrial and infrastructure assets"}
- {"title":"Regulation (EU) 2024/1689 - Article 43: Conformity Assessment for High-Risk AI Systems","url":"https://eur-lex.europa.eu","relevance":"EU AI Act standard conformity assessment procedure from which the Article 46 derogation provides an exception - the derogation does not permanently waive the conformity assessment obligation but permits temporary market access before completion; understanding the standard conformity assessment timeline is essential to assessing whether a genuine emergency justifies the derogation"}
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