Article 108

Amendments to Regulation (EU) 2018/1139

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

(1)

in Article 17, the following paragraph is added:

‘3.   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 (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.

(*)  Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj).’;”

(2)

in Article 19, the following paragraph is added:

‘4.   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:

‘4.   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:

‘3.   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:

‘3.   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.’.

Frequently Asked Questions

Article 108 makes changes to a previous EU regulation to ensure that certain artificial intelligence (AI) systems critical for safety must follow the standards outlined in the Artificial Intelligence Act, specifically Chapter III, Section 2, whenever new rules about them are created, focusing on responsible use and better safety practices.
Article 108 modifies Regulation (EU) 2018/1139, which mainly deals with aviation safety across Europe, by ensuring that all rules concerning AI components that impact safety now take into account the AI Act’s specific safety guidelines, emphasizing the EU’s commitment to safety, accountability, and high standards when using advanced AI systems.
This article specifically points to the standards listed in Chapter III, Section 2, of the Artificial Intelligence Act, meaning anyone creating detailed rules or guidance for AI systems used in safety-critical areas must ensure these AI systems meet particular EU-wide safety and accountability requirements defined clearly in that section.
Though Article 108 specifically amends a regulation on aviation safety, this approach illustrates a wider EU intention to harmonize standards across all safety-critical AI systems, setting a precedent that may influence how similar safety-focused AI components are evaluated and regulated in other fields as well.

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