Source: OJ L, 2024/1689, 12.7.2024

Current language: EN

Article 108 Amendments to Regulation (EU) 2018/1139


Summary What does Article 108 of the AI act regulation say?

This article is a pure amendment article, making targeted insertions into the EU aviation safety regulation (Regulation (EU) 2018/1139).

Across six separate points, it embeds a consistent obligation into multiple articles of that regulation: whenever the Commission adopts implementing or delegated acts under those articles and those acts concern AI systems that are safety components, the requirements of Chapter III, Section 2 of the AI Act must be taken into account.

In essence, this article stitches the AI Act's technical requirements for high-risk AI systems into the fabric of EU aviation law.

Important points:

  • The Commission is required to take into account the AI Act's Chapter III, Section 2 requirements when adopting implementing or delegated acts under Regulation (EU) 2018/1139 that concern AI systems acting as safety components.
  • This article amends six separate articles within the aviation safety regulation, making it one of several similar amendment articles in the AI Act that align existing sectoral legislation with the new AI framework.
  • The trigger for these obligations is specifically AI systems that qualify as safety components within the meaning of the AI Act, not AI systems in aviation generally.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

Regulation (EU) 2018/1139 is amended as follows:

  1. in Article 17, the following paragraph is added:

    1. Without prejudice to paragraph 2, when adopting implementing acts pursuant to paragraph 1 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council(64), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.

  2. in Article 19, the following paragraph is added:

    1. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’

  3. in Article 43, the following paragraph is added:

    1. When adopting implementing acts pursuant to paragraph 1 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’

  4. in Article 47, the following paragraph is added:

    1. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’

  5. in Article 57, the following subparagraph is added:

    ‘When adopting those implementing acts concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’

  6. in Article 58, the following paragraph is added:

    1. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’.

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