Art.98

Article 98 – Committee Procedure

Governance SME Relevant ~2 min read · 384 words

Article 98 establishes the committee procedure framework for the AI Act — the mechanism by which the Commission adopts implementing acts with input from a standing committee of member state representatives. While Article 97 covers delegated acts (which update the Act’s substance), Article 98 covers implementing acts (which specify how provisions are applied in practice).

✓ Low compliance impact for SMEs

WHAT THE ARTICLE IS ABOUT

The procedural mechanism for Commission implementing acts

Article 98 establishes that the European AI Committee — composed of member state representatives — assists the Commission when it adopts implementing acts under the AI Act. The committee procedure ensures that member states have a formal voice in how the Act is implemented at the technical and administrative level, beyond their role in the legislative process itself.

WHAT IT SAYS

Standing committee of member state representatives, examination procedure

The Commission is assisted by a committee within the meaning of Regulation (EU) No 182/2011 (the Comitology Regulation)
The committee is composed of representatives of member states and chaired by the Commission
Where reference is made to this article, the examination procedure applies — meaning the Commission must obtain a qualified majority vote from the committee before adopting the implementing act
Where the committee delivers no opinion, the Commission may generally still adopt the implementing act except in certain sensitive areas
Implementing acts adopted under this procedure cover: common specifications, standardisation requests, templates for monitoring plans, sandbox procedures, and other administrative and technical implementation details
The committee’s opinions are published where appropriate

WHO IS AFFECTED

Member states, the Commission, and indirectly all AI operators

Member states whose representatives sit on the committee and vote on implementing acts
The Commission which chairs the committee and adopts implementing acts
All businesses affected by implementing acts — these cover technical templates, procedural rules, and other practical implementation details

WHAT IT MEANS FOR SMES

Implementing acts define the practical details of compliance

Implementing acts adopted under this procedure include practical compliance tools — the post-market monitoring plan template, the EU database functional specifications, sandbox procedural rules, and registration templates
These are the documents that translate abstract legal obligations into concrete checklists and formats — monitor their publication in the Official Journal
Unlike delegated acts which update substantive requirements, implementing acts specify how you implement existing requirements — they are your operational compliance guides
The committee procedure involves all 27 member states — it is less susceptible to Commission unilateralism than delegated acts, which may matter for contested implementation decisions

Article 97 — Exercise of the delegation (the parallel mechanism for delegated acts)
Article 41 — Common specifications (adopted through this committee procedure)
Article 72 — Post-market monitoring plan template (adopted through this procedure)
Article 49 — Registration (EU database specifications adopted through this procedure)

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