Article 47; Annex V
UpcomingConditional timingDraw Up, Maintain and Retain the EU Declaration of Conformity for High-Risk AI
Applies to Provider; High-Risk AI.
- Actors
- Provider
- AI class
- High-Risk AI
- Context
- EU Market Access
- Themes
- Governance & AccountabilityData, Privacy & Information
Tracker Guidance
Draw up an EU declaration of conformity for each high-risk AI system in the permitted written machine-readable, physical or electronically signed form. Include the Annex V information, identify the system, state conformity with the applicable high-risk requirements, use a language that the relevant national competent authorities can easily understand, keep the declaration up to date, retain it for ten years and provide a copy to competent authorities on request.
Official text
1. The provider shall draw up a written machine readable, physical or electronically signed EU declaration of conformity for each high-risk AI system, and keep it at the disposal of the national competent authorities for 10 years after the high-risk AI system has been placed on the market or put into service. The EU declaration of conformity shall identify the high-risk AI system for which it has been drawn up. A copy of the EU declaration of conformity shall be submitted to the relevant national competent authorities upon request. 2. The EU declaration of conformity shall state that the high-risk AI system concerned meets the requirements set out in Section 2. The EU declaration of conformity shall contain the information set out in Annex V, and shall be translated into a language that can be easily understood by the national competent authorities of the Member States in which the high-risk AI system is placed on the market or made available. 3. Where high-risk AI systems are subject to other Union harmonisation legislation which also requires an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all Union law applicable to the high-risk AI system. The declaration shall contain all the information required to identify the Union harmonisation legislation to which the declaration relates. 4. By drawing up the EU declaration of conformity, the provider shall assume responsibility for compliance with the requirements set out in Section 2. The provider shall keep the EU declaration of conformity up-to-date as appropriate. [Excerpt - see official source for complete provision]
Excerpt stored at a complete legal-unit boundary. See the official source for the full provision.
The EU declaration of conformity referred to in Article 47, shall contain all of the following information: 1. AI system name and type and any additional unambiguous reference allowing the identification and traceability of the AI system; 2. The name and address of the provider or, where applicable, of their authorised representative; 3. A statement that the EU declaration of conformity referred to in Article 47 is issued under the sole responsibility of the provider; 4. A statement that the AI system is in conformity with this Regulation and, if applicable, with any other relevant Union law that provides for the issuing of the EU declaration of conformity referred to in Article 47; 5. Where an AI system involves the processing of personal data, a statement that that AI system complies with Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680; 6. References to any relevant harmonised standards used or any other common specification in relation to which conformity is declared; 7. Where applicable, the name and identification number of the notified body, a description of the conformity assessment procedure performed, and identification of the certificate issued; 8. The place and date of issue of the declaration, the name and function of the person who signed it, as well as an indication for, or on behalf of whom, that person signed, a signature.
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