European UnionAI Act, Article 54 (authorised representatives of providers of general-purpose AI models)
Regulation (EU) 2024/1689, Article 54
In force since .
An AI governance rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Market targeting, Operator establishment
- Obligation class
- Governance, Retention
- Audit expectation
- on_request
- Who audits it
- Regulator
As of .
What it requires
- If you are a provider of a general-purpose AI model established in a third country, appoint by written mandate, before you place the model on the Union market, an authorised representative established in the Union.
- Enable your authorised representative to perform the tasks specified in the mandate you gave it.
- Make the mandate empower the authorised representative to verify that the technical documentation specified in Annex XI has been drawn up and that your obligations under Article 53 and, where applicable, Article 55 have been fulfilled. Make it empower the representative to keep a copy of that technical documentation at the disposal of the AI Office and national competent authorities for 10 years after the model has been placed on the market, together with your contact details. Make it empower the representative to provide the AI Office, upon a reasoned request, with all the information and documentation necessary to demonstrate compliance with the obligations in Chapter V, and to cooperate with the AI Office and competent authorities, upon a reasoned request, in any action they take in relation to the model, including when it is integrated into AI systems placed on the market or put into service in the Union.
- Make the mandate empower the authorised representative to be addressed, in addition to or instead of you, by the AI Office or the competent authorities on all issues related to ensuring compliance with the Regulation.
- This duty does not apply if your model is released under a free and open-source licence that allows for the access, usage, modification and distribution of the model, and its parameters, including the weights, the information on the model architecture and the information on model usage, are made publicly available, unless your model presents systemic risks.
- If your model was placed on the market before , take the necessary steps to comply with the obligations laid down in the Regulation by .
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionNo
Penalty structure
Article 101(1): the Commission may fine a provider of a general-purpose AI model up to 3% of its annual total worldwide turnover in the preceding financial year or EUR 15,000,000, whichever is higher, where it finds that the provider intentionally or negligently infringed the relevant provisions of the Regulation (point (a)), failed to comply with a request for a document or for information under Article 91 or supplied incorrect, incomplete or misleading information (point (b)), failed to comply with a measure requested under Article 93 (point (c)), or failed to make access to the model available for an evaluation under Article 92 (point (d)).
- Rule
- Higher of
- As of
- Currency
- EUR
- Fixed cap
- 15,000,000
- Turnover percentage cap
- 3
Who enforces it
Enforcement body
The European Commission, which holds exclusive powers to supervise and enforce Chapter V of the Regulation and entrusts the implementation of those tasks to the AI Office.
Settledness
- As of
- Open questions
- Does the exemption in Article 54(6) for free and open-source models fall away only once the Commission has designated a model as presenting systemic risks under Article 52(4), or already when the model meets the condition of Article 51(1), point (a)?
What it makes you log
Who may demand the log
Regulator
Log retention
Ten years after the general-purpose AI model has been placed on the market, for the copy of the Annex XI technical documentation and the provider's contact details that the authorised representative keeps at the disposal of the AI Office and national competent authorities.
- Unit
- Years
- As of
- Basis
- Fixed
- Maximum value
- 10
- Minimum value
- 10
Logging duty
Point (b) makes the provider give its authorised representative a mandate to keep a copy of the Annex XI technical documentation, and the provider's contact details, at the disposal of the AI Office and national competent authorities for 10 years after the model has been placed on the market. The keeping duty is for the documentation copy and the contact details rather than for logs, and the content of the technical documentation is set by Article 53(1), point (a), and Annex XI.
- Kind
- Explicit
- As of
- Provision
- Article 54(3), point (b)
What this law does
Providers of general-purpose AI models established in third countries must, by written mandate, appoint an authorised representative established in the Union prior to placing a general-purpose AI model on the Union market. The provider of a general-purpose AI model must enable its authorised representative to perform the tasks specified in the mandate received from the provider.
For the purposes of the Regulation, the mandate for the authorised representative of a general-purpose AI model provider must empower the authorised representative to verify that the technical documentation specified in Annex XI has been drawn up and that all obligations referred to in Article 53 and, where applicable, Article 55 have been fulfilled by the provider.
The mandate for the authorised representative of a general-purpose AI model provider must empower the authorised representative to keep a copy of the technical documentation specified in Annex XI at the disposal of the AI Office and national competent authorities, for a period of 10 years after the model has been placed on the market, together with the contact details of the provider that appointed it.
The mandate for the authorised representative of a general-purpose AI model provider must empower the authorised representative to provide the AI Office, upon a reasoned request, with all the information and documentation necessary to demonstrate compliance with the obligations in Chapter V, and to cooperate with the AI Office and competent authorities, upon a reasoned request, in any action they take in relation to the model.
The mandate for the authorised representative of a general-purpose AI model provider must empower the authorised representative to be addressed, in addition to or instead of the provider, by the AI Office or the competent authorities on all issues related to ensuring compliance with the Regulation.
The authorised representative of a general-purpose AI model provider must provide a copy of the mandate to the AI Office upon request, in one of the official languages of the institutions of the Union.
The authorised representative of a general-purpose AI model provider must terminate the mandate if it considers or has reason to consider the provider to be acting contrary to its obligations under the Regulation, and in that case must immediately inform the AI Office about the termination and the reasons.
The obligation to appoint an authorised representative does not apply to providers of general-purpose AI models released under a free and open-source licence that allows for the access, usage, modification and distribution of the model, and whose parameters, including the weights, the information on the model architecture and the information on model usage, are made publicly available, unless the models present systemic risks.
Article 113 applies Chapter V, which contains Article 54, from . A provider of a general-purpose AI model placed on the market before has until to take the necessary steps to comply with the obligations laid down in the Regulation.
The Commission may fine a provider of a general-purpose AI model up to 3% of its annual total worldwide turnover in the preceding financial year or EUR 15,000,000, whichever is higher, where it finds that the provider intentionally or negligently infringed the relevant provisions of the Regulation. Article 101 applies from , the date from which the Regulation applies, because Article 113 excepts it from the earlier date given to Chapter V.
When LexLint raises it
When your app profile says your app trains models.