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Article 96: Guidelines from the Commission on the implementation of this Regulation

Article 96, Regulation (EU) 2024/1689 as amended by Regulation (EU) 2026/1744

Governance and enforcementAuthority
Amended by Regulation (EU) 2026/1744

The text below is the consolidated version, with the Digital Omnibus changes applied. Each change is listed under Amendments further down this page.

1. The Commission shall develop guidelines on the practical implementation of this Regulation, and in particular on:

(a) the application of the requirements and obligations referred to in Articles 8 to 15 and in Articles 25 and 26;

(b) the prohibited practices referred to in Article 5;

(c) the practical implementation of the provisions related to substantial modification;

(d) the practical implementation of transparency obligations laid down in Article 50;

(e) detailed information on the relationship of this Regulation with the Union harmonisation legislation listed in Annex I, as well as with other relevant Union law, including as regards consistency in their enforcement;

(f) the application of the definition of an AI system as set out in Article 3, point (1).

When issuing such guidelines, the Commission shall involve the Board and pay particular attention to the needs of SMEs, including start-ups, and SMCs, of local public authorities and of the sectors most likely to be affected by this Regulation.

The guidelines referred to in the first subparagraph of this paragraph shall take due account of the generally acknowledged state of the art on AI, as well as of relevant harmonised standards and common specifications that are referred to in Articles 40 and 41, or of those harmonised standards or technical specifications that are set out pursuant to Union harmonisation law.

(g) the practical implementation of Article 8(2), Article 9(10) and Article 17(3) in accordance with the principle of complementarity and proportionality, with a view to ensuring consistency, avoiding duplication and minimising additional burdens when complying with the requirements of this Regulation and the requirements of the Union harmonisation legislation listed in Section A of Annex I; such guidelines shall be published by 1 August 2027.

2. At the request of the Member States or the AI Office, or on its own initiative, the Commission shall update guidelines previously adopted when deemed necessary.

Amendments under Regulation (EU) 2026/1744 (3)

replace

Adjusts the scope of Commission guidelines on the practical implementation of requirements/obligations to refer to Articles 8 to 15 and Articles 25 and 26.

Read the amended text

‘(a)

the application of the requirements and obligations referred to in Articles 8 to 15 and in Articles 25 and 26;’

insertapplies from 2027-08-01

Adds Commission guidelines on the practical implementation of Article 8(2), Article 9(10) and Article 17(3) (complementarity/proportionality with Annex I Section A legislation), to be published by 1 August 2027.

Read the amended text

‘(g)

the practical implementation of Article 8(2), Article 9(10) and Article 17(3) in accordance with the principle of complementarity and proportionality, with a view to ensuring consistency, avoiding duplication and minimising additional burdens when complying with the requirements of this Regulation and the requirements of the Union harmonisation legislation listed in Section A of Annex I; such guidelines shall be published by 1 August 2027.’

replace

Requires the Commission to involve the Board (instead of only consulting stakeholders) and to pay particular attention to the needs of SMEs/start-ups, SMCs, local public authorities and most-affected sectors when issuing guidelines.

Read the amended text

‘When issuing such guidelines, the Commission shall involve the Board and pay particular attention to the needs of SMEs, including start-ups, and SMCs, of local public authorities and of the sectors most likely to be affected by this Regulation.’

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Mechanically consolidated from the official OJ texts of Regulations (EU) 2024/1689 and 2026/1744 (the Digital Omnibus, in force 27 July 2026); unofficial pending the official EUR-Lex consolidation. Study aid, not legal advice; the official texts on EUR-Lex are authoritative.