GPAI Models with Systemic Risk Under the EU AI Act

The AI Act’s systemic-risk category is a subset of general-purpose AI models. Article 51 provides two routes: a model has high-impact capabilities assessed with appropriate tools, indicators, and benchmarks; or the Commission designates it because capabilities or impact are equivalent, using Annex XIII criteria. Training compute above 10^25 floating-point operations creates a presumption of high-impact capability. The number is a threshold in the law and is subject to delegated adjustment; it is not the only way to qualify. Article 52 requires a provider whose model meets the compute condition to notify the Commission without delay, and no later than two weeks after the condition is met or it becomes known that it will be met. The provider may submit substantiated arguments that the model does not, due to its specific characteristics, present systemic risks. The Commission can reject that case or designate a model on its own initiative or following a qualified scientific-panel alert. Commission guidelines describe its interpretation and enforcement approach but are not binding law. Article 55 adds four duties beyond the general GPAI requirements: standardized model evaluation, including documented adversarial testing; assessment and mitigation of possible systemic risks at Union level; documentation and reporting of serious incidents and corrective measures; and adequate cybersecurity for both model and physical infrastructure. These duties are not waived just because a model is distributed under a free and open-source license. Providers can rely on an approved code or harmonised standards while available, or demonstrate alternative adequate means for Commission assessment. GPAI obligations began applying on August 2, 2025. The Commission’s guidance states that its enforcement powers apply from August 2, 2026, and qualifying models already on the market before August 2, 2025 have a compliance transition until August 2, 2027. Providers should track training-compute evidence, expected threshold timing, notification, and any designation decision. This is an overview, not a legal opinion on an individual model.