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Direct answer

When does a GPAI model have systemic risk (the 10^25 FLOPs threshold)?

This falls under Article 55: GPAI models with systemic risk. That obligation applies today. There is one exception you have to assess yourself.

This could go the other way

  • The GPAI Code of Practice can, following the adequacy assessment, serve as a means to demonstrate compliance.

First step: Perform model evaluations and risk mitigation.

You describe: You want to know when an AI model qualifies as GPAI with systemic risk and which additional duties then apply. Likely role: provider of a gpai model.

The conclusion and your first steps

This applies now

Depends on your situation

These provisions only apply once the stated fact is established. The locator says which provision settles it.

A GPAI model is presumed to have systemic risk when the cumulative training compute exceeds 10^25 FLOPs; the Commission can also designate models based on capabilities. For those models, the Article 55 duties come on top of Article 53: model evaluations, risk assessment and mitigation, incident reporting and cybersecurity.

Your first actions

  1. Perform model evaluations and risk mitigation. Evaluate the model including adversarial testing, assess and mitigate systemic risks, report serious incidents and secure the model.
  2. Maintain GPAI documentation and transparency information. Maintain technical documentation, information for downstream providers, a copyright policy and a public summary of training content.
Read the official sourceChecked on

General interpretation, not legal advice. Checked against Regulation (EU) 2024/1689 and the Digital Omnibus (EU) 2026/1744; the official source remains authoritative.

Full map for your situation

Source and locator

Every statement above rests on these texts. The locator points to the place in the text, the version and the date say which edition was checked.

  • EU Artificial Intelligence Act 2024/1689

    European Parliament and Council, version original-oj-2024-07-12, checked on , ELI http://data.europa.eu/eli/reg/2024/1689/oj

    Locators in this source

    • Article 55(1)-(2) with Article 51 and Article 52
    • Article 53(1), Annex XI and Annex XII
    • Article 113(3)(b)
    • Article 53 and Annexes XI-XII
  • Guidelines for GPAI model providers

    European Commission, version checked-2026-08-08, checked on

    Locators in this source

    • Scope and provider qualification guidance

Dataset praxikon:sys:registry:dataset:ai-act-implementation-graph 2.2.0, schema 1.5.0.

Have it done

Implement the GPAI provider obligations for each model

As a GPAI model provider, you organise technical documentation, information for downstream providers and a copyright policy, among other duties. Models with systemic risk have additional obligations. The readiness check tests your documentation against what the AI Act asks of a provider and delivers a prioritised list of gaps. The source interpretation above is separate from this offer: the explanation is the same for everyone, whether you buy anything or not.

Readiness check for AI providers · €2,950 or €4,950 · AI model or Annex III system · 3 to 5 working days

See the readiness check

Carried out by Zahed Ashkara, the lawyer behind this explanation.

Does this answer your question?
Zahed Ashkara, jurist and freelance AI & Privacy Consultant

Behind this page

Zahed Ashkara

Freelance AI & Privacy Consultant, jurist