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CHAPTER XIII

AI Act Article 108: Amendments to Regulation (EU) 2018/1139

Amended text. Regulation (EU) 2026/1744, the Digital Omnibus on AI, amended this Regulation with effect from 27 July 2026. The articles it changed, and the six it inserted (4a, 60a, 75a, 75b, 75c and 75d), are shown here in their consolidated wording, taken from the official consolidated text of 27 July 2026. The recitals are those of the original Regulation. Consolidated text on EUR-Lex (CELEX 02024R1689-20260727).

This article was not changed by the amendment.

Regulation (EU) 2018/1139 is amended as follows:

(1) in Article 17, the following paragraph is added: ‘3. Without prejudice to paragraph 2, when adopting implementing acts pursuant to paragraph 1 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council (*), the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account. (*) Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj).’;"

(2) in Article 19, the following paragraph is added: ‘4. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’ ;

(3) in Article 43, the following paragraph is added: ‘4. When adopting implementing acts pursuant to paragraph 1 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’ ;

(4) in Article 47, the following paragraph is added: ‘3. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’ ;

(5) in Article 57, the following subparagraph is added: ‘When adopting those implementing acts concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’;

(6) in Article 58, the following paragraph is added: ‘3. When adopting delegated acts pursuant to paragraphs 1 and 2 concerning Artificial Intelligence systems which are safety components within the meaning of Regulation (EU) 2024/1689, the requirements set out in Chapter III, Section 2, of that Regulation shall be taken into account.’.

What this article means in practice

Written by Engage Compliance. The text above is the article itself, reproduced from its official source and unchanged. Everything in this section is ours, and last read against the current text on 2026-10-14.

AI Act Article 108 amends the EU aviation regulation so specified implementing and delegated acts concerning AI safety components take the AI Act's Chapter III, Section 2 requirements into account. The immediate work is assigned within the aviation rulemaking framework, rather than through a new filing created here for every aviation company.

Who it binds

  • Article 108 changes Regulation (EU) 2018/1139. Its six numbered amendment points insert provisions into the aviation regulation, so the amended provisions need to be read as part of that instrument.
  • Each insertion concerns AI systems that are safety components within the meaning of the AI Act. The text does not apply these insertions to every use of software in the aviation sector.

What it makes somebody do

  • The authority adopting the specified implementing acts. Take Chapter III, Section 2 requirements into account under Article 108(1), which adds paragraph 3 to aviation Article 17, and Article 108(3), which adds paragraph 4 to aviation Article 43.
  • The authority adopting the specified delegated acts. Apply the same consideration under Article 108(2), inserting aviation Article 19(4), and Article 108(4), inserting aviation Article 47(3).
  • The authority adopting the specified implementing acts. Account for those requirements in the acts addressed by Article 108(5), which adds a subparagraph to aviation Article 57.
  • The authority adopting the specified delegated acts. Account for those requirements under Article 108(6), which inserts aviation Article 58(3).

What it does not say

  • The instruction to take requirements into account is directed to adoption of the specified acts. Article 108 does not itself give every aviation AI supplier an identical direct assessment or appointment procedure.
  • The amendment points concern both implementing acts and delegated acts. Treating the entire article as one kind of rulemaking would miss the different provisions it changes.
  • A business tracing the result should follow the relevant inserted aviation provision and the acts adopted under it. Reading Article 108 alone establishes what was amended, but does not supply the contents of every resulting aviation rule.
  • The safety-component condition remains part of each insertion, so sector membership by itself is not the test stated by these amendments.

Source: official text on EUR-Lex. Last checked 5 October 2026.