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Article 46(2), 46(7)

CurrentFrom 2 Aug 2026

Request Emergency Derogation Authorisation and Stop Use if Authorisation Is Refused

Applies to Law-Enforcement Authority; Civil Protection Authority; qualifying High-Risk AI.

Actors
Civil Protection Authority
AI class
High-Risk AI
Context
Law Enforcement
Themes
Governance & Accountability

Tracker Guidance

Where the urgent Article 46(2) derogation is used without prior authorisation for the specified public-security or imminent life/safety reasons, request authorisation during or after use without undue delay. If authorisation is refused, stop use immediately and discard all results and outputs from that use. For high-risk AI systems related to products covered by Union harmonisation legislation listed in Annex I Section A, use only the conformity-assessment derogations available under that sectoral legislation.

Official text

Article 46(2)Official source
2. In a duly justified situation of urgency for exceptional reasons of public security or in the case of specific, substantial and imminent threat to the life or physical safety of natural persons, law-enforcement authorities or civil protection authorities may put a specific high-risk AI system into service without the authorisation referred to in paragraph 1, provided that such authorisation is requested during or after the use without undue delay. If the authorisation referred to in paragraph 1 is refused, the use of the high-risk AI system shall be stopped with immediate effect and all the results and outputs of such use shall be immediately discarded.
Article 46(7)Official source
7. For high-risk AI systems related to products covered by Union harmonisation legislation listed in Section A of Annex I, only the derogations from the conformity assessment established in that Union harmonisation legislation shall apply.

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Article 46(2), 46(7): Request Emergency Derogation Authorisation and Stop Use if Authorisation Is Refused | EU AI Act Library