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(173)
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In order to ensure that the regulatory framework can be adapted where
necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated
to the Commission to amend the conditions under which an AI system is not to be considered to be
high-risk, the list of high-risk AI systems, the provisions regarding technical documentation,
the content of the EU declaration of conformity the provisions regarding the conformity
assessment procedures, the provisions establishing the high-risk AI systems to which the
conformity assessment procedure based on assessment of the quality management system and
assessment of the technical documentation should apply, the threshold, benchmarks and
indicators, including by supplementing those benchmarks and indicators, in the rules for the
classification of general-purpose AI models with systemic risk, the criteria for the designation
of general-purpose AI models with systemic risk, the technical documentation for providers of
general-purpose AI models and the transparency information for providers of general-purpose AI
models. It is of particular importance that the Commission carry out appropriate consultations
during its preparatory work, including at expert level, and that those consultations be
conducted in accordance with the principles laid down in the Interinstitutional Agreement of
13 April 2016 on Better Law-Making (55).
In particular, to ensure equal participation in the preparation of delegated acts, the European
Parliament and the Council receive all documents at the same time as Member States’ experts, and
their experts systematically have access to meetings of Commission expert groups dealing with
the preparation of delegated acts.
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