Map of the AI Act
Article 46: derogation from conformity assessment procedure
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obligation
Article 46: derogation from conformity assessment procedure
By way of derogation from Article 43, a market surveillance authority may, upon a duly justified request, authorise the placing on the market or the putting into service of specific high-risk AI systems within the territory of the Member State concerned, for exceptional reasons of public security, the protection of life and health of persons, environmental protection or the protection of key industrial and infrastructural assets. The authorisation is for a limited period while the conformity assessment is carried out, and those procedures are completed without undue delay. Law-enforcement authorities and civil protection authorities may start without an authorisation in a situation of urgency, provided that it is requested without undue delay; if it is refused, use stops with immediate effect and all results and outputs are discarded. The authorisation is issued only if the system complies with the requirements of Section 2, goes to the Commission and the other Member States, and is deemed justified after fifteen calendar days without objection.
based on
- Article 46 on EUR-Lexguidance
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Read at 2 Aug 2026. What did not yet apply on that date is not shown here. The transparency duties of article 50 apply, and the Commission can enforce against GPAI providers.