Chapter IIIHigh-Risk
Article 46
Derogation from Conformity Assessment Procedure
Plain-Language Summary
National competent authorities may authorise specific high-risk AI systems to be placed on the market or put into service without a full conformity assessment in exceptional circumstances: e.g. in the interest of public security, or in response to a serious disaster.
Keywords
derogationconformity assessmentpublic securityemergencyexceptional circumstances
Legal Text
Article 46 — Derogation from Conformity Assessment Procedure 1. By way of derogation from Article 43, any national competent authority may authorise, on a reasoned request, the placing on the market or putting into service of specific high-risk AI systems within the territory of the Member State concerned, for exceptional reasons of public security or the protection of life and health of persons, environmental protection or the protection of key industrial and infrastructural assets. 2. The authorisation shall be limited to the period necessary and shall be subjected to all requirements set out in Chapter III Section 2. 3. The Commission shall be notified of the derogation without undue delay and the reasons for it.