Changes from plenary report to adopted text

Article 84 – paragraph 4: 4. Within … [one year after the date of application of this Regulation referred to in Article 85(2)] and every two years thereafter, the Commission shall evaluate the impact and effectiveness of codes of conduct to foster the application of the requirements set out in Title III, Chapter 2 and possibly other additional requirements for AI systems other than high-risk AI systems;

Article 84 – paragraph 5: 5. For the purpose of paragraphs 1 to 4 the AI Office, the Member States and national competent authorities shall provide the Commission with information on its request without undue delay.

Article 84 – paragraph 6: 6. in carrying out the evaluations and reviews referred to in paragraphs 1 to 4 the Commission shall take into account the positions and findings of the -AI Office of the European Parliament, of the Council, and of other relevant bodies or sources and shall consult relevant stakeholders. The result of such consultation shall be attached to the report;

Article 84 – paragraph 7: 7. the Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account developments in technology, the effect of AI systems on health and safety, fundamental rights, the environment, equality, and accessibility for persons with disabilities, democracy and rule of law and in the light of the state of progress in the information society.

Article 84 – paragraph 7 a (new): 7 a. To guide the evaluations and reviews referred to in paragraphs 1 to 4 of this Article, the Office shall undertake to develop an objective and participative methodology for the evaluation of risk level based on the criteria outlined in the relevant articles and inclusion of new systems in: the list in Annex III, including the extension of existing area headings or addition of new area headings in that Annex; the list of prohibited practices laid down in Article 5; and the list of AI systems requiring additional transparency measures pursuant to Article 52.

Article 84 – paragraph 7 b (new): 7 b. Any amendment to this Regulation pursuant to paragraph 7 of this Article, or relevant future delegated or implementing acts, which concern sectoral legislation listed in Annex II Ssection B, shall take into account the regulatory specificities of each sector, and existing governance, conformity assessment and enforcement mechanisms and authorities established therein.

Article 84 – paragraph 7 c (new): 7 c. By … [five years from the date of application of this Regulation], the Commission shall carry out an assessment of the enforcement of this Regulation and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of enforcement and the need for an Union agency to resolve any identified shortcomings.

Annex I: deleted / (deleted) / (deleted) / (deleted)

Annex III – paragraph 1 – introductory part: The AI systems specifically refered to in under points 1 to 8a stand for critical use cases and are each considered to be high-risk AI systems pursuant to Article 6(2), provided that they fulfil the criteria set out in that Article:

Annex III – paragraph 1 – point 1 – introductory part: 1. Biometric and biometrics-based systems

Annex III – paragraph 1 – point 1 – point a: (a) AI systems intended to be used for biometric identification of natural persons, with the exception of those mentioned in Article 5;

Annex III – paragraph 1 – point 1 – point a a (new): (a a) AI systems intended to be used to make inferences about personal characteristics of natural persons on the basis of biometric or biometrics-based data, including emotion recognition systems, with the exception of those mentioned in Article 5; / Point 1 shall not include AI systems intended to be used for biometric verification whose sole purpose is to confirm that a specific natural person is the person he or she claims to be.

Annex III – paragraph 1 – point 2 – point a: (a) AI systems intended to be used as safety components in the management and operation of road, rail and air traffic unless they are regulated in harmonisation or sectoral law.

Annex III – paragraph 1 – point 2 – point a a (new): (a a) AI systems intended to be used as safety components in the management and operation of the supply of water, gas, heating, electricity and critical digital infrastructure;

Annex III – paragraph 1 – point 3 – point a: (a) AI systems intended to be used for the purpose of determining access or materially influence decisions on admission or assigning natural persons to educational and vocational training institutions;

Annex III – paragraph 1 – point 3 – point b: (b) AI systems intended to be used for the purpose of assessing students in educational and vocational training institutions and for assessing participants in tests commonly required for admission to those institutions;

Annex III – paragraph 1 – point 3 – point b a (new): (b a) AI systems intended to be used for the purpose of assessing the appropriate level of education for an individual and materially influencing the level of education and vocational training that individual will receive or will be able to access;

Annex III – paragraph 1 – point 3 – point b b (new): (b b) AI systems intended to be used for monitoring and detecting prohibited behaviour of students during tests in the context of/within education and vocational training institutions;

Annex III – paragraph 1 – point 4 – point a: (a) AI systems intended to be used for recruitment or selection of natural persons, notably for placing targeted job advertisements screening or filtering applications, evaluating candidates in the course of interviews or tests;

Annex III – paragraph 1 – point 4 – point b: (b) AI systems intended to be used to make or materially influence decisions affecting the initiation, promotion and termination of work-related contractual relationships, task allocation based on individual behaviour or personal traits or characteristics, or for monitoring and evaluating performance and behavior of persons in such relationships;

Annex III – paragraph 1 – point 5 – point a: (a) AI systems intended to be used by or on behalf of public authorities to evaluate the eligibility of natural persons for public assistance benefits and services, including healthcare services and essential services, including but not limited to housing, electricity, heating/cooling and internet, as well as to grant, reduce, revoke, increase or reclaim such benefits and services;

Annex III – paragraph 1 – point 5 – point b: (b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score , with the exception of AI systems used for the purpose of detecting financial fraud;

Annex III – paragraph 1 – point 5 – point b a (new): (b a) AI systems intended to be used for making decisions or materially influencing decisions on the eligibility of natural persons for health and life insurance;

Annex III – paragraph 1 – point 5 – point c: (c) AI systems intended to evaluate and classify emergency calls by natural persons or to be used to dispatch, or to establish priority in the dispatching of emergency first response services, including by police and law enforcement, firefighters and medical aid, as well as of emergency healthcare patient triage systems;

Annex III – paragraph 1 – point 6 – point a: deleted

Annex III – paragraph 1 – point 6 – point b: (b) AI systems intended to be used by or on behalf of law enforcement authorities, or by Union agencies, offices or bodies in support of law enforcement authorities as polygraphs and similar tools, insofar as their use is permitted under relevant Union and national law;

Annex III – paragraph 1 – point 6 – point c: deleted

Annex III – paragraph 1 – point 6 – point d: (d) AI systems intended to be used by or on behalf of law enforcement authorities, or by Union agencies, offices or bodies in support of law enforcement authorities to evaluate the reliability of evidence in the course of investigation or prosecution of criminal offences;

Annex III – paragraph 1 – point 6 – point e: deleted

Annex III – paragraph 1 – point 6 – point f: (f) AI systems intended to be used by or on behalf of law enforcement authorities or by Union agencies, offices or bodies in support of law enforcement authorities for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences or, in the case of Union agencies, offices or bodies, as referred to in Article 3(5) of Regulation (EU) 2018/1725;

Annex III – paragraph 1 – point 6 – point g: (g) AI systems intended to be used by or on behalf of law enforcement authorities or by Union agencies, offices or bodies in support of law enforcement authorities for crime analytics regarding natural persons, allowing law enforcement authorities to search complex related and unrelated large data sets available in different data sources or in different data formats in order to identify unknown patterns or discover hidden relationships in the data.

Annex III – paragraph 1 – point 7 – point a: (a) AI systems intended to be used by or on behalf of competent public authorities or by Union agencies, offices or bodies as polygraphs and similar tools insofar as their use is permitted under relevant Union or national law

Annex III – paragraph 1 – point 7 – point b: (b) AI systems intended to be used by or on behalf of competent public authorities or by Union agencies, offices or bodies to assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;

Annex III – paragraph 1 – point 7 – point c: (c) AI systems intended to be used by or on behalf of competent public authorities or by Union agencies, offices or bodies for the verification of the authenticity of travel documents and supporting documentation of natural persons and detect non-authentic documents by checking their security features;

Annex III – paragraph 1 – point 7 – point d: (d) AI systems intended to be used by or on behalf of competent public authorities or by Union agencies, offices or bodies to assist competent public authorities for the examination and assessment of the veracity of evidence in relation to applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status;

Annex III – paragraph 1 – point 7 – point d a (new): (d a) AI systems intended to be used by or on behalf of competent public authorities or by Union agencies, offices or bodies in migration, asylum and border control management to monitor, surveil or process data in the context of border management activities, for the purpose of detecting, recognising or identifying natural persons;

Annex III – paragraph 1 – point 7 – point d b (new): (d b) AI systems intended to be used by or on behalf of competent public authorities or by Union agencies, offices or bodies in migration, asylum and border control management for the forecasting or prediction of trends related to migration movement and border crossing;

Annex III – paragraph 1 – point 8 – point a: (a) AI systems intended to be used by a judicial authority ot administrative body or on their behalf to assist a judicial authority or administrative body in researching and interpreting facts and the law and in applying the law to a concrete set of facts or used in a similar way in alternative dispute resolution.

Annex III – paragraph 1 – point 8 – point a a (new): (a a) AI systems intended to be used for influencing the outcome of an election or referendum or the voting behaviour of natural persons in the exercise of their vote in elections or referenda. This does not include AI systems whose output natural persons are not directly exposed to, such as tools used to organise, optimise and structure political campaigns from an administrative and logistic point of view.

Annex III – paragraph 1 – point 8 – point a b (new): (a b) AI systems intended to be used by social media platforms that have been designated as very large online platforms within the meaning of Article 33 of Regulation EU 2022/2065, in their recommender systems to recommend to the recipient of the service user-generated content available on the platform.

Annex IV – paragraph 1 – point 1 – point a: (a) its intended purpose, the name of the provider and the version of the system reflecting its relation to previous and, where applicable, more recent, versions in the succession of revisions;

Annex IV – paragraph 1 – point 1 – point a a (new): (a a) the nature of data likely or intended to be processed by the system and, in the case of personal data, the categories of natural persons and groups likely or intended to be affected;

Annex IV – paragraph 1 – point 1 – point b: (b) how the AI system can interact or can be used to interact with hardware or software, including other AI systems, that are not part of the AI system itself, where applicable;

Annex IV – paragraph 1 – point 1 – point c: (c) the versions of relevant software or firmware and, where applicable, information for the deployer on any requirement related to version update;

Annex IV – paragraph 1 – point 1 – point d: (d) the description of the various configurations and variants of the AI system which are intended to be placed on the market or put into service;

Annex IV – paragraph 1 – point 1 – point f a (new): (f a) the description of the deployer interface;

Annex IV – paragraph 1 – point 1 – point g: (g) instructions of use for the deployer in accordance with Article 13(2) and (3) as well as 14(4)(e) and, where applicable installation instructions;

Annex IV – paragraph 1 – point 1 – point g a (new): (g a) a detailed and easily intellegible description of the system’s main optimisation goal or goals;

Annex IV – paragraph 1 – point 1 – point g b (new): (g b) a detailed and easily intellegible description of the system’s expected output and expected output quality;

Annex IV – paragraph 1 – point 1 – point g c (new): (g c) detailed and easily intellegible instructions for interpreting the system’s output;

Annex IV – paragraph 1 – point 1 – point g d (new): (g d) examples of scenarios for which the system should not be used;

Annex IV – paragraph 1 – point 2 – point b: (b) a description of the architecture, design specifications, algorithms and the data structures including a decomposition of its components and interfaces, how they relate to one another and how they provide for the overall processing or logic of the AI system; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;

Annex IV – paragraph 1 – point 2 – point c: (c) deleted

Annex IV – paragraph 1 – point 2 – point e: (e) assessment of the human oversight measures needed in accordance with Article 14, including an assessment of the technical measures needed to facilitate the interpretation of the outputs of AI systems by the deployers, in accordance with Articles 13(3)(d);

Annex IV – paragraph 1 – point 2 – point g: (g) the validation and testing procedures used, including information about the validation and testing data used and their main characteristics; metrics used to measure accuracy, robustness and compliance with other relevant requirements set out in Title III, Chapter 2 as well as potentially discriminatory impacts; test logs and all test reports dated and signed by the responsible persons, including with regard to pre-determined changes as referred to under point (f).

Annex IV – paragraph 1 – point 2 – point g a (new): (g a) cybersecurity measures put in place.

Annex IV – paragraph 1 – point 3: 3. Detailed information about the monitoring, functioning and control of the AI system, in particular with regard to: its capabilities and limitations in performance, including the degrees of accuracy for specific persons or groups of persons on which the system is intended to be used and the overall expected level of accuracy in relation to its intended purpose; the foreseeable unintended outcomes and sources of risks to health and safety, fundamental rights and discrimination in view of the intended purpose of the AI system; the human oversight measures needed in accordance with Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the deployers; specifications on input data, as appropriate;

Annex IV – paragraph 1 – point 3 a (new): 3 a. A description of the appropriateness of the performance metrics for the specific AI system;

Annex IV – paragraph 1 – point 3 b (new): 3 b. Information about the energy consumption of the AI system during the development phase and the expected energy consumption during use, taking into account, where applicable, relevant Union and national law;

Annex IV – paragraph 1 – point 5: 5. A description of any relevant change made by providers to the system through its lifecycle ;