Article 51: Systemic-Risk Classification of GPAI Models
Article 51 defines when a general-purpose AI model is classified as posing systemic risk: either because it has high-impact capabilities evaluated against appropriate technical tools and benchmarks, with a rebuttable presumption triggered by cumulative training compute above 10^25 floating point operations, or because the Commission classifies it independently, including following a qualified alert from the scientific panel under the Annex XIII criteria.
- 02 Aug 2025 In force since — applies to models already meeting the threshold or classified
- 02 Aug 2026 Full enforcement powers apply; unaffected by the Digital Omnibus
- Monitor cumulative training compute against the 10^25 FLOP presumption threshold.
- Maintain documentation of high-impact capability evaluations against appropriate technical tools and benchmarks.
- Be prepared to rebut the presumption with substantiated arguments if the compute threshold is crossed but the provider considers the model does not in fact pose systemic risk.
- Track Commission classification decisions and scientific-panel alerts that could result in classification independent of the compute threshold.
- Compute documentation
- Capability evaluation reports
- Commission classification decision, where applicable
The 10^25 FLOP figure is often treated as a hard legal cutoff; it is only a rebuttable presumption trigger — crossing it shifts the burden onto the provider, and the Commission can also classify a model as systemic risk independent of that number.
What regulators published on Art. 51
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- Regulation (EU) 2024/1689 on EUR-Lex
- Look for Article 51
- Deadline changes and the acts behind them
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Get free accessInformational content only. Not legal advice and not a substitute for qualified counsel. Dates reflect Regulation (EU) 2026/1744 as of 04 Aug 2026.