Article 96: Guidelines from the Commission on the implementation of this Regulation

Article 96 does not create a judicial remedy against a market surveillance authority. That right comes from Article 47 of the Charter and national procedural law. Article 96 requires the Commission to issue guidelines on:

• (a) applying the requirements and obligations in Articles 8 to 15 and Article 25
• (b) the prohibited practices in Article 5
• (c) the practical implementation of the provisions on substantial modification
• (d) the practical implementation of the transparency obligations in Article 50
• (e) the relationship with Annex I harmonisation legislation and other Union law, including consistency of enforcement
• (f) the application of the definition of an AI system

The Commission must pay particular attention to the needs of SMEs and start-ups, and update the guidelines when it considers it necessary.

• Articles 8 to 15 and Article 25: the requirements and obligations under point (a).
• Article 5: the prohibited practices under point (b).
• Article 50: the transparency obligations under point (d).
• Article 40 and Article 41: harmonised standards and common specifications, which the guidelines take into account.
• Article 99: Member States take these guidelines into account when setting their penalty regime.

Watch for publication and revision of the guidelines. They are not binding, but they steer enforcement, including penalties under Article 99(1). SMEs should expect proportionate guidance; record how you took it into account.

Article 96

Guidelines from the Commission on the implementation of this Regulation

1. The Commission shall develop guidelines on the practical implementation of this Regulation, and in particular on:

(a) the application of the requirements and obligations referred to in Articles 8 to 15 and in Article 25;

(b) the prohibited practices referred to in Article 5;

(c) the practical implementation of the provisions related to substantial modification;

(d) the practical implementation of transparency obligations laid down in Article 50;

(e) detailed information on the relationship of this Regulation with the Union harmonisation legislation listed in Annex I, as well as with other relevant Union law, including as regards consistency in their enforcement;

(f) the application of the definition of an AI system as set out in Article 3, point (1).

When issuing such guidelines, the Commission shall pay particular attention to the needs of SMEs including start-ups, of local public authorities and of the sectors most likely to be affected by this Regulation.

The guidelines referred to in the first subparagraph of this paragraph shall take due account of the generally acknowledged state of the art on AI, as well as of relevant harmonised standards and common specifications that are referred to in Articles 40 and 41, or of those harmonised standards or technical specifications that are set out pursuant to Union harmonisation law.

2. At the request of the Member States or the AI Office, or on its own initiative, the Commission shall update guidelines previously adopted when deemed necessary.

The recitals of the consolidated Regulation on EUR-Lex place the Commission's guidance role in the context of practical implementation, including attention to SMEs. An earlier version of this page attached the recitals on judicial remedy to Article 96. That is not what the authentic text covers. Use the official preamble on EUR-Lex and do not rely on unofficial recital lists without checking the order and wording against the authentic text.