CHAPTER XI – Delegation of power and committee procedure (Art. 97-98)

AI Act
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CHAPTER I - General Provisions (Art. 1-4)
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CHAPTER II – Prohibited AI practices (Art. 5)
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- Art. 5 AI Act - Prohibited AI Practices
CHAPTER III – High-risk AI systems (Art. 6-49)
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CHAPTER IV – Transparency obligations for providers and deployers of certain AI systems (Art. 50)
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- Art. 50 AI Act - Transparency obligations for providers and deployers of certain AI systems
CHAPTER V – General-purpose AI models (Art. 51-56)
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CHAPTER VI – Measures in support of innovation (Art. 57-63)
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CHAPTER VII – Governance (Art. 64-70)
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CHAPTER VIII – EU database for high-risk AI systems (Art. 71)
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- Art. 71 AI Act - EU database for high-risk AI systems listed in Annex III
CHAPTER IX – Post-market monitoring, information sharing and market surveillance (Art. 72-94)
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CHAPTER X – Codes of conduct and guidelines (Art. 95-96)
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- Art. 95 AI Act - Codes of conduct for voluntary application of specific requirements
- Art. 96 AI Act - Guidelines from the Commission on the implementation of this Regulation
CHAPTER XI – Delegation of power and committee procedure (Art. 97-98)
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- Art. 97 AI Act - Exercise of the delegation
- Art. 98 AI Act - Committee procedure
CHAPTER XII – Penalties (Art. 99-101)
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CHAPTER XIII – Final provisions (Art. 102-113)
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CHAPTER XI – Delegation of power and committee procedure (Art. 97-98)

Art. 97 AI Act – Exercise of the delegation arrow_right_alt

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 6(6) and (7), Article 7(1) and (3), Article 11(3), Article 43(5) and (6), Article 47(5), Article 51(3), Article 52(4) and Article 53(5) and (6) shall be conferred on the Commission for a period of five years from 1 August 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The delegation of power referred to in Article 6(6) and (7), Article 7(1) and (3), Article 11(3), Article 43(5) and (6), Article 47(5), Article 51(3), Article 52(4) and Article 53(5) and (6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Any delegated act adopted pursuant to Article 6(6) or (7), Article 7(1) or (3), Article 11(3), Article 43(5) or (6), Article 47(5), Article 51(3), Article 52(4) or Article 53(5) or (6) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

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Recital 173

In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the conditions under which an AI system is not to be considered to be high-risk, the list of high-risk AI systems, the provisions regarding technical documentation, the content of the EU declaration of conformity the provisions regarding the conformity assessment procedures, the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply, the threshold, benchmarks and indicators, including by supplementing those benchmarks and indicators, in the rules for the classification of general-purpose AI models with systemic risk, the criteria for the designation of general-purpose AI models with systemic risk, the technical documentation for providers of general-purpose AI models and the transparency information for providers of general-purpose AI models. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making⁽⁵⁵⁾. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

^{(55) OJ L 123, 12.5.2016, p. 1.}