French presidency proposal to include GPAI in scope

The French presidency of the Council shares a compromise text that proposes to delete the Article 52a-language introduced by the Slovenian presidency and instead adds a set of new articles (4a-c) that bring GPAI systems “which may be used as high risk AI systems” in scope and imposes a subset of the value chain obligations on them. From the recital accompanying the proposed new articles:

In particular, it is necessary to clarify that general purpose AI systems are AI systems that are intended by the provider to perform generally applicable functions, such as image/speech recognition, and in a plurality of contexts. Therefore, due to their peculiar nature and in order to ensure a fair sharing of responsibilities along the AI value chain, such systems should be subject to proportionate and tailored requirements and obligations under this Regulation before their placing on the Union market or putting into service. Therefore, the providers of general purpose AI systems, irrespective of whether they may be used as high-risk AI systems as such by other providers or as components of high-risk AI systems, should cooperate, as appropriate, with final providers to enable their compliance with the relevant obligations under this Regulation and with the competent authorities established under this Regulation.