European UnionAI Act, Article 60a (real-world testing frameworks for products under the Annex I, Section B legislation)
Regulation (EU) 2024/1689, Article 60a
In force since .
An AI governance rule binding government bodies.
- Private right of action
- No
- Obligation class
- Governance
- Audit expectation
- none
As of .
What it requires
- Article 60a applies from , the Regulation's general application date, because Article 113 gives Chapter VI no date of its own; it binds the Member States, and a provider or prospective provider of an AI-enabled product covered by the Union harmonisation legislation listed in Section B of Annex I is reached only through the framework of a Member State that chooses to allow the testing.
- If you are a Member State that chooses to allow real-world testing of high-risk AI systems related to products covered by the Section B legislation, adopt, individually or jointly, a framework for real-world testing, and notify the Commission of the framework before implementing it.
- Ensure that the relevant national competent authorities, relevant authorities and public authorities responsible for the management and operation of infrastructure and products covered by the Section B legislation cooperate closely with each other in good faith and remove any practical obstacles, including on procedural rules providing access to physical public infrastructure, where this is necessary to implement the framework and test AI-enabled products.
- Provide in the framework for a mandatory real-world testing plan agreed between the provider or prospective provider and the national competent authority or relevant authority under the Section B legislation.
- Ensure in the framework compliance with Article 60(2), (3), (4)(d) to (j) and (5) to (9), reading each reference to a market surveillance authority there as a reference to the national competent authority or relevant authority, and include effective governance and accountability arrangements and a high level of protection of health, safety and fundamental rights.
- Require the real-world testing to comply with the applicable provisions of the Section B legislation.
What it makes you log
Logging duty
Article 60a binds the Member States that choose to allow the testing and names no record of its own. The conditions its frameworks must secure are those of Article 60(2), (3), (4)(d) to (j) and (5) to (9), which include the dated and documented informed consent of Article 61(2) only where a framework carries it over; that consent record is coded on the Articles 60 and 61 row.
- Kind
- None
- As of
What this law does
Member States may allow, in accordance with Article 60a, the testing of high-risk AI systems in real world conditions outside AI regulatory sandboxes by providers or prospective providers of AI enabled products covered by the Union harmonisation legislation listed in Section B of Annex I, with a view to assessing and verifying the conformity of those systems with the requirements laid down in Articles 8 to 15.
Member States that choose to allow that testing must, individually or jointly, adopt frameworks for real-world testing, and each Member State must notify the Commission of any real-world testing framework it adopts before implementing it.
Member States that have adopted real-world testing frameworks must ensure that the relevant national competent authorities, relevant authorities and public authorities responsible for the management and operation of infrastructure and products covered by the Section B legislation cooperate closely with each other in good faith and remove any practical obstacles.
The frameworks must lay down the requirements under which testing in real-world conditions occurs, including a mandatory real-world testing plan agreed between the provider or prospective provider and the national competent authority or relevant authority, compliance with the requirements laid down in Article 60(2), (3), (4)(d) to (j) and (5) to (9), effective governance and accountability arrangements, and a high level of protection of health, safety and fundamental rights.
The real-world testing must comply with the applicable provisions laid down in the Union harmonisation legislation listed in Section B of Annex I, and any requirements in those provisions do not affect the application of Article 60a to the extent necessary to enable the testing.
For a high-risk AI system classified under Article 6(1) and related to a product covered by the Union harmonisation legislation listed in Section B of Annex I, only Article 6(1), Article 60a and Articles 102 to 112 apply, and Articles 57, 58 and 59 apply only in so far as the requirements for high-risk AI systems under the Regulation have been integrated in that legislation.
Where testing in real world conditions is based on Article 60a, a reference in Article 76 to a market surveillance authority is read as a reference to the national competent authority or appropriate authority under the Section B legislation, and references to Article 60 are read as references to Article 60a, as appropriate.
Article 113 provides that the Regulation applies from , with exceptions for Chapters I and II, Chapter III Section 4, Chapter V, Chapter VII, Chapter XII, Article 78 and Article 6(1), none of which is Chapter VI, in which Article 60a sits between Articles 60 and 61. Regulation (EU) 2026/1744 entered into force on the third day following that of its publication in the Official Journal, .
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.