in force 2026-07-27 MODIFIED+166 −4§
Amended by Digital Omnibus on AI 32026R1744
applies from: unchanged
Paragraph 1 now extends the scope of who may conduct real-world testing outside sandboxes to providers or prospective providers of high-risk AI systems covered by Union harmonisation legislation listed in Section A of Annex I, in addition to those listed in Annex III.
Paragraph 2 similarly now covers testing of high-risk AI systems covered by Union harmonisation legislation listed in Section A of Annex I, alongside those referred to in Annex III.
Cited: Art. 60, v2
text before / after
32024R1689 → 02024R1689-20260727
Article 60
Testing of high-risk AI systems in real world conditions outside AI regulatory sandboxes
1. Testing of high-risk AI systems in real world conditions outside AI regulatory sandboxes may be conducted by providers or prospective providers of high-risk AI systems listed in Annex III, III or covered by Union harmonisation legislation listed in Section A of Annex I, in accordance with this Article and the real-world testing plan referred to in this Article, without prejudice to the prohibitions under Article 5.
The Commission shall, by means of implementing acts, specify the detailed elements of the real-world testing plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 98(2).
This paragraph shall be without prejudice to Union or national law on the testing in real world conditions of high-risk AI systems related to products covered by Union harmonisation legislation listed in Annex I.
2. Providers or prospective providers may conduct testing of high-risk AI systems referred to in Annex III or covered by Union harmonisation legislation listed in Section A of Annex I in real world conditions at any time before the placing on the market or the putting into service of the high-risk AI system on their own or in partnership with one or more deployers or prospective deployers.
3. The testing of high-risk AI systems in real world conditions under this Article shall be without prejudice to any ethical review that is required … 962 unchanged words … the testing in real world conditions and of the final outcomes.
9. The provider or prospective provider shall be liable under applicable Union and national liability law for any damage caused in the course of their testing in real world conditions.