Article 108 — AI Systems Already Placed on the Market or Put into Service

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.’;

120/144 ELI: http://data.europa.eu/eli/reg/2024/1689/oj
OJ L, 12.7.2024 EN

(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.’.