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EU AI Act open-source exemption

Article 2(12) of Regulation (EU) 2024/1689 says the Act does not apply to AI systems released under free and open-source licenses unless they are high-risk or fall under Article 5 or 50. For general-purpose models, Article 53(2) waives only two documentation duties, and only when the license allows access, use, modification and distribution and the weights, architecture and usage information are public; it does not apply to models with systemic risk.

5 entries Key dates 11 First entry Jul 2024 Latest Checked

Key dates

Oldest first · from the official texts
DateWhatSourceChecked
Regulation (EU) 2024/1689 is dated eur-lex.europa.eu (opens in a new tab)
Published in the Official Journal · Entry eur-lex.europa.eu (opens in a new tab)
Enters into force eur-lex.europa.eu (opens in a new tab)
Chapters I and II apply eur-lex.europa.eu (opens in a new tab)
GPAI Code of Practice published · Entry digital-strategy.ec.europa.eu (opens in a new tab)
Chapter V obligations for general-purpose AI models apply eur-lex.europa.eu (opens in a new tab)
GPAI guidelines communication dated on the current English PDF · Entry ec.europa.eu (opens in a new tab)
Training-summary template communication dated on the current English PDF · Entry ec.europa.eu (opens in a new tab)
Digital Omnibus on AI enters into force. Annex III high-risk rules from December 2, 2027. Annex I from August 2, 2028 · Entry digital-strategy.ec.europa.eu (opens in a new tab)
Regulation applies generally. Commission guidelines page says enforcement powers apply from this date digital-strategy.ec.europa.eu (opens in a new tab)
General-purpose models placed on the market before August 2, 2025 must comply eur-lex.europa.eu (opens in a new tab)

What it says about open weights

Exact wording from each source
Article 2(12)

This Regulation does not apply to AI systems released under free and open-source licences, unless they are placed on the market or put into service as high-risk AI systems or as an AI system that falls under Article 5 or 50.

eur-lex.europa.eu (opens in a new tab) · Checked
Article 53(2)

The obligations set out in paragraph 1, points (a) and (b), shall not apply to providers of AI models that are released under a free and open-source licence that allows for the access, usage, modification, and distribution of the model, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available. This exception shall not apply to general-purpose AI models with systemic risks.

eur-lex.europa.eu (opens in a new tab) · Checked
Recital 102

General-purpose AI models released under free and open-source licences should be considered to ensure high levels of transparency and openness if their parameters, including the weights, the information on the model architecture, and the information on model usage are made publicly available.

eur-lex.europa.eu (opens in a new tab) · Checked
Recital 104

The providers of general-purpose AI models that are released under a free and open-source licence, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available should be subject to exceptions as regards the transparency-related requirements imposed on general-purpose AI models, unless they can be considered to present a systemic risk

eur-lex.europa.eu (opens in a new tab) · Checked
Guidelines, paragraph 69

In principle, all providers of general-purpose AI models must comply with the obligations set out in Articles 53 and 54 AI Act. Nevertheless, Articles 53(2) and 54(6) AI Act lay down exceptions to some of these obligations for ‘providers of AI models that are released under a free and open-source licence that allows for the access, usage, modification, and distribution of the model, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available’ as long as the model is not a general-purpose AI model with systemic risk.

ec.europa.eu (opens in a new tab) · Checked
Training-summary template, paragraph 3

Providers of all general-purpose AI models placed on the Union market must fulfil the above obligation, including providers of general-purpose AI models released under free and open-source licenses, in so far as the models fall within the scope of the AI Act.

ec.europa.eu (opens in a new tab) · Checked

Dated entries

2026

1 entry

European Parliament and Council Law: Regulation (EU) 2026/1744 sets high-risk AI Act dates of December 2, 2027 for Annex III and August 2, 2028 for Annex I.

Official Journal, Regulation (EU) 2026/1744 (primary source, opens in a new tab)

Details
On open weights In cases of observed or reported circumvention of the preventive measures or other safeguards, adequate corrective measures should be taken provided that such measures are reasonable, taking into account the specific AI system, including its release and distribution strategy (such as open-source releases).

The act is dated July 8, 2026 and enters into force on the third day after Official Journal publication. It replaces Article 113, third paragraph, points (a) and (c), and adds point (d). It does not replace point (b), the August 2, 2025 date for Chapter V. The Commission news page states that the omnibus enters into force on July 27, 2026.

Source type
Official Journal
Checked
Entry
#2026-07-27-ai-act-digital-omnibus

2025

3 entries

European Commission Communication: The Commission’s December 5, 2025 communication sets out an explanatory notice and template for public summaries of general-purpose AI model training content.

European Commission, training-summary template, C(2025) 8311 (primary source, opens in a new tab)

Details
On open weights Providers of all general-purpose AI models placed on the Union market must fulfil the above obligation, including providers of general-purpose AI models released under free and open-source licenses, in so far as the models fall within the scope of the AI Act.

A footnote on the same page says the Article 53(2) exception for a free and open-source general-purpose AI model does not apply to the obligation to make the summary public. Paragraph (1) says the Chapter V rules apply as of August 2, 2025.

Source type
Government publication
Checked
Entry
#2025-12-05-gpai-training-summary-template

European Commission Report: The Commission’s guidelines for general-purpose AI model providers, C(2025) 7719 final, dated November 19, 2025, include an exception for models released under a free and open-source license.

European Commission, GPAI guidelines, C(2025) 7719 (primary source, opens in a new tab)

Details
On open weights These transparency-related obligations do not apply to providers of general-purpose AI models that are released under a free and open-source licence, under certain conditions, unless the model is a general-purpose AI model with systemic risk.

The guidelines say Article 53(2) and Article 54(6) except some duties for models released under a free and open-source license whose parameters, including the weights, are public, unless the model has systemic risk. Copyright policy and the training-content summary stay in place. The text also restates the August 2, 2025, August 2, 2026, and August 2, 2027 dates. The Commission’s library page lists the guidelines with “Publication 18 July 2025” and a Communication approving “the content of the draft Guidelines.”

Source type
Government publication
Checked
Entry
#2025-11-19-gpai-provider-guidelines

European Commission Report: The Commission publishes a voluntary code of practice for providers of general-purpose AI models under the AI Act.

European Commission, The General-Purpose AI Code of Practice (primary source, opens in a new tab)

Details
On open weights Silent

The page says the code was published on July 10, 2025, and that the Commission and the AI Board have confirmed it is an adequate voluntary tool. The Transparency and Copyright chapters address Article 53. The Safety and Security chapter addresses Article 55 models with systemic risk.

Source type
Government publication
Checked
Entry
#2025-07-10-gpai-code-of-practice

2024

1 entry

European Parliament and Council Law: Regulation (EU) 2024/1689 is published in the Official Journal, including rules on AI systems released under free and open-source licenses.

Official Journal, Regulation (EU) 2024/1689 (primary source, opens in a new tab)

Details
On open weights This Regulation does not apply to AI systems released under free and open-source licences, unless they are placed on the market or put into service as high-risk AI systems or as an AI system that falls under Article 5 or 50.

The act is dated June 13, 2024. The journal issue is dated July 12, 2024. Article 113 says it enters into force on the twentieth day after publication and applies Chapter V, on general-purpose AI models, from August 2, 2025, except Article 101. Article 111(3) gives providers of general-purpose AI models placed on the market before August 2, 2025 until August 2, 2027 to comply.

Source type
Official Journal
Checked
Entry
#2024-07-12-eu-ai-act-published

All entries: 5 shown

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Free to quote, chart and republish under CC BY 4.0. All we ask is a credit with a link back. Sources keep their own terms. CC BY 4.0

Source: Maple, Open-weight AI policy: EU AI Act (maple.ai/open-weights/eu-ai-act), data through 2026-07-27.

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Every entry cites one primary source, quotes the document’s own words about open weights, and is checked against that source before it publishes. Corrections keep the old wording visible.
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