Article 41 — Common Specifications

Article 41

Common specifications

1. The Commission may adopt, implementing acts establishing common specifications for the requirements set out in
Section 2 of this Chapter or, as applicable, for the obligations set out in Sections 2 and 3 of Chapter V where the following
conditions have been fulfilled:

(a) the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European

standardisation organisations to draft a harmonised standard for the requirements set out in Section 2 of this Chapter,
or, as applicable, for the obligations set out in Sections 2 and 3 of Chapter V, and:

(i) the request has not been accepted by any of the European standardisation organisations; or

76/144 ELI: http://data.europa.eu/eli/reg/2024/1689/oj
OJ L, 12.7.2024 EN

(ii) the harmonised standards addressing that request are not delivered within the deadline set in accordance with
Article 10(1) of Regulation (EU) No 1025/2012; or

(iii) the relevant harmonised standards insufficiently address fundamental rights concerns; or

(iv) the harmonised standards do not comply with the request; and

(b) no reference to harmonised standards covering the requirements referred to in Section 2 of this Chapter or, as
applicable, the obligations referred to in Sections 2 and 3 of Chapter V has been published in the Official Journal of the

European Union in accordance with Regulation (EU) No 1025/2012, and no such reference is expected to be published
within a reasonable period.

When drafting the common specifications, the Commission shall consult the advisory forum referred to in Article 67.

The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the
examination procedure referred to in Article 98(2).

2. Before preparing a draft implementing act, the Commission shall inform the committee referred to in Article 22 of
Regulation (EU) No 1025/2012 that it considers the conditions laid down in paragraph 1 of this Article to be fulfilled.

3. High-risk AI systems or general-purpose AI models which are in conformity with the common specifications referred
to in paragraph 1, or parts of those specifications, shall be presumed to be in conformity with the requirements set out in
Section 2 of this Chapter or, as applicable, to comply with the obligations referred to in Sections 2 and 3 of Chapter V, to
the extent those common specifications cover those requirements or those obligations.

4. Where a harmonised standard is adopted by a European standardisation organisation and proposed to the
Commission for the publication of its reference in the Official Journal of the European Union, the Commission shall assess the
harmonised standard in accordance with Regulation (EU) No 1025/2012. When reference to a harmonised standard is
published in the Official Journal of the European Union, the Commission shall repeal the implementing acts referred to in
paragraph 1, or parts thereof which cover the same requirements set out in Section 2 of this Chapter or, as applicable, the
same obligations set out in Sections 2 and 3 of Chapter V.

5. Where providers of high-risk AI systems or general-purpose AI models do not comply with the common
specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that meet the
requirements referred to in Section 2 of this Chapter or, as applicable, comply with the obligations set out in Sections 2 and
3 of Chapter V to a level at least equivalent thereto.

6. Where a Member State considers that a common specification does not entirely meet the requirements set out in
Section 2 or, as applicable, comply with obligations set out in Sections 2 and 3 of Chapter V, it shall inform the
Commission thereof with a detailed explanation. The Commission shall assess that information and, if appropriate, amend
the implementing act establishing the common specification concerned.