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Article 26(8)

UpcomingConditional timing

Register Public-Authority High-Risk AI Use and Do Not Use Unregistered Systems

Applies to Deployer; Public Authority; High-Risk AI.

Actors
DeployerPublic Authority
AI class
High-Risk AI
Context
Public Sector
Themes
Governance & AccountabilityThird Parties & Supply Chain

Tracker Networks Guidance

If the deployer is, or acts on behalf of, a public authority, agency or body, complete the applicable Article 49 registration before using the relevant Annex III high-risk AI system. If the system is not registered as required, do not use it and inform the provider or distributor.

Official text

Article 26(8)Official source
8. Deployers of high-risk AI systems that are public authorities, or Union institutions, bodies, offices or agencies shall comply with the registration obligations referred to in Article 49. When such deployers find that the high-risk AI system that they envisage using has not been registered in the EU database referred to in Article 71, they shall not use that system and shall inform the provider or the distributor.

Timing depends on the system

  • 2 Dec 2027 — Article 6(2) / Annex III high-risk AI
  • 2 Aug 2028 — Article 6(1) / Annex I Section A high-risk AI
  • 2 Dec 2027 — Pre-existing Annex III high-risk AI type/model first placed on the market or put into service before 2027-12-02
  • 2 Aug 2028 — Pre-existing Article 6(1) / Annex I high-risk AI type/model first placed on the market or put into service before 2028-08-02
  • 2 Aug 2030 — Pre-existing high-risk AI intended to be used by public authorities

Suggested controls

Related risks

  • Improper High-Risk AI Deployment

    A deployer may operate high-risk AI contrary to provider instructions, without qualified oversight, suitable inputs or required monitoring.

  • Regulatory Cooperation Failure

    The organisation may be unable to provide complete, timely and understandable information, records or cooperation to competent authorities.

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Article 26(8): Register Public-Authority High-Risk AI Use and Do Not Use Unregistered Systems | Tracker Networks