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European Union

EU AI Act systemic-risk designations: compute thresholds undermined by efficiency, distillation and reinforcement learning; prospects for qualitative criteria, developer-focused governance and an under-resourced Commission

Published on: 21 February 2025

Published by an LexisNexis EU Law expert
Legal News
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Article summary

The EU AI Act adopts a layered regime for AI systems, imposing transparency duties on every model and reserving stricter risk‑management obligations for the most potent ‘systemic’ ones. These obligations are being hammered out through a code of practice intended as a key compliance tool for model providers. Yet that code could prove marginal if models are not correctly classified for systemic risk

Under the Act, a model is chiefly deemed systemic when its training consumed more than 10^25 floating‑point operations. According to research institute Epoch AI, several flagship systems have already crossed this line, including:

  • OpenAI’s o1
  • Anthropic’s Claude 3.5 Sonnet
  • Mistral AI’s Large 2

These are commonly viewed as ‘frontier’ models, pushing the limits of this disruptive technology. Nonetheless, recent developments increasingly call into question whether the volume of compute used in the pre‑training stage is the most reliable proxy for model capabilities...

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