Regulation of Artificial Intelligence Bill 2026: Committee Stage (Resumed) and Remaining Stages
Seanad Éireann — 2026-07-15
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Niamh Smyth (FF), Cavan-Monaghan

I will respond in relation to amendments Nos. 68 and 69. The purpose of amendment No. 68 is to place an expressed statutory obligation on the provider to complete any outstanding conformity assessment procedures as quickly as possible following the granting of an authorisation. I fully agree with the objective that any necessary conformity assessment procedures should be completed as soon as practicable where an authorisation has been granted under this section. However, the provisions of the AI Act already establish detailed requirements regarding conformity assessment procedures and the obligations that apply to providers of AI systems.
Section 55 of the Bill gives effect to Article 46 of the EU AI Act which establishes a carefully calibrated mechanism by which, in limited and exceptional circumstances, a relevant market surveillance authority may authorise the placing on the market or putting into service specific high-risk systems in advance of completion of a conformity assessment. Article 46.1 makes clear that such derogations are only permitted in narrowly defined situations, including for reasons of public security, the protection of life and health, environmental protection or the protection of key industrial and infrastructural assets. It further provides that any such authorisation shall be time-limited and subject to appropriate conditions, including that necessary conformity assessment procedures are to be carried out. Importantly, the regulation already provides that the completion of those conformity assessment procedures must be undertaken without undue delay, taking into account the exceptional circumstances justifying the derogation.
Where an authorisation is granted under this section, the provider remains subject to all relevant obligations under the AI Act, including any requirements relating to conformity assessment and compliance. Introducing an additional requirement in the Bill that such procedures are completed without undue delay would not materially alter those obligations. The wording is also potentially open to interpretation and could create uncertainty as to whether a separate or additional legal standard is intended to apply beyond that already provided for under the AI Act. I am satisfied that the existing framework already ensures that providers are required to proceed with conformity assessment procedures in accordance with their obligations under EU law. Accordingly, I do not consider the amendment necessary and do not propose to accept it.

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Retrieved: 2026-08-27T06:52:16+00:00
Sitting date: 2026-07-15