S.I. No. 405/2026 - European Union (Artificial Intelligence) (Designation) (Amendment) Regulations 2026

S.I. No. 405/2026 - European Union (Artificial Intelligence) (Designation) (Amendment) Regulations 2026 Home Baile Statutory Instruments Ionstraimí Reachtúla 2026 S.I. No. 405/2026 - European Union (Artificial Intelligence) (Designation) (Amendment) Regulations 2026 S.I. No. 405/2026 - European Union (Artificial Intelligence) (Designation) (Amendment) Regulations 2026 Amendments Leasuithe Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 7 th August, 2026. I, PETER BURKE, Minister for Enterprise, Tourism and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 1 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), hereby make the following regulations: Citation 1. These Regulations may be cited as the European Union (Artificial Intelligence) (Designation) (Amendment) Regulations 2026. Amendment of European Union (Artificial Intelligence) (Designation) Regulations 2025 2. The European Union (Artificial Intelligence) (Designation) Regulations 2025 ( S.I. No. 366 of 2025 ) are amended – (a) in Regulation 2(1) – (i) by the insertion of the following definitions: “ ‘Act of 2009’ means the Broadcasting Act 2009 (No. 18 of 2009); ‘audiovisual media service’ has the meaning given to it in the Act of 2009; ‘content provider’ has the meaning given to it in Article 2(2) of Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 2 on addressing the dissemination of terrorist content online; ‘critical entity’ has the meaning given to it in the Regulations of 2024; ‘financial services’ has the meaning given to it in the Central Bank Act 1942 (No. 22 of 1942); ‘hosting service’ means a service – (a) defined in Article 1(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 3 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and (b) consisting of the storage of information provided by, and at the request of, a content provider; ‘intermediary service’ has the meaning given to it in Article 3(g) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 4 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act); ‘regulated financial service provider’ has the meaning given to it in the Central Bank Act 1942 ; ‘Regulations of 2024’ means the European Union (Resilience of Critical Entities) Regulations 2024 ( S.I. No. 559 of 2024 ); ‘relevant designated online service’ means a relevant online service (within the meaning of the Act of 2009) designated under section 139E of the Act of 2009 as a service to which online safety codes may be applied under Chapter 3 of Part 8A of that Act; ‘sound broadcasting service’ has the meaning given to it in the Act of 2009.”, and (ii) by the deletion of the definition of “Minister”, (b) by the substitution of the following regulation for Regulation 3: “3. For the purposes of Article 70(1), each of the market surveillance authorities specified in the third column of Schedule 1 is designated as the national competent authority for the purpose of the point of Section A, Annex I specified in the second column of that Schedule opposite mention of the market surveillance authority concerned.”, (c) in Regulation 4 – (i) by the substitution of the following paragraph for paragraph (1): “(1) The Central Bank of Ireland is designated as the market surveillance authority for the purposes of paragraph (6) of Article 74, insofar as that paragraph applies to the placing on the market, putting into service or use of a high-risk AI system by a regulated financial service provider in direct connection with the provision of financial services.”, and (ii) by the insertion of the following paragraphs after paragraph (2): “(3) Coimisiún na Meán is designated as the market surveillance authority for the purposes of Article 50, insofar as that Article relates to providers or deployers of AI systems, where the provider or deployer is – (a) an intermediary service, (b) an audiovisual media service, (c) a sound broadcasting service, (d) a relevant designated online service, or (e) a hosting service. (4) Oifig IS na hÉireann is designated as a market surveillance authority for the purposes of Article 70(1). (5) Each of the bodies specified in the third column of Schedule 2 is designated as the market surveillance authority for the purpose of the point of Annex III insofar as is specified in the second column of that Schedule opposite mention of the body concerned. (6) Each of the bodies specified in the third column of Schedule 3 is designated as the market surveillance authority for the purpose of the point of Article 5(1) insofar as is specified in the second column of that Schedule opposite mention of the body concerned.”, (d) in Regulation 5 – (i) by the designation of the regulation as paragraph (1), (ii) in paragraph (a), by the substitution of “the Minister for Enterprise, Tourism and Employment” for “the Minister”, and (iii) by the insertion of the following paragraph after paragraph (1): “(2) The Irish National Accreditation Board shall carry out the assessment and monitoring referred to in Article 28(1) in relation to the notifying authorities designated under subparagraphs (a), (b) and (d) of paragraph (1).”, and (e) by the substitution of the Schedules set out in the Schedule to these Regulations for the Schedule to those Regulations. Schedule “Schedule 1 Regulation 3 Designation of market surveillance authorities for the purposes of Section A, Annex I Reference Number (1) Point of Section A, Annex I (2) Market surveillance authority designated as national competent authority for the purposes of Article 70(1) (3) 1. Point 1 (as regards machinery and machinery products used in the workplace) Health and Safety Authority 2. Point 2 Competition and Consumer Protection Commission 3. Point 3 Marine Survey Office 4. Point 4 Health and Safety Authority 5. Point 5 Health and Safety Authority 6. Point 6 Commission for Communications Regulation 7. Point 7 Health and Safety Authority 8. Point 8 Commission for Railway Regulation 9. Point 9 (insofar as it relates to consumer products) Competition and Consumer Protection Commission 10. Point 9 (insofar as it relates to personal protective equipment in the workplace) Health and Safety Authority 11. Point 10 (insofar as it relates to domestic gas appliances) Competition and Consumer Protection Commission 12. Point 10 (insofar as it relates to non-domestic gas appliances) Health and Safety Authority 13. Point 11 Health Products Regulatory Authority 14. Point 12 Health Products Regulatory Authority Schedule 2 Regulation 4 Designation of market surveillance authorities for the purposes of Annex III Reference Number (1) Point of Annex III (2) Body designated as market surveillance authority (3) 1. Point 1 (insofar as it relates to high-risk AI systems used for law enforcement purposes, border management, justice and democracy, and education and vocational training) Data Protection Commission 2. Point 2 (insofar as it relates to high-risk AI systems intended to be used by a critical entity in respect of critical digital infrastructure, as specified at entry no. 8 in column (1) of the Table set out in the Schedule to the Regulations of 2024) Commission for Communications Regulation 3. Point 2 (insofar as it relates to high-risk AI systems intended to be used by a critical entity in the management and operation of road traffic, as specified at entry no. 2(d) in columns (1) and (2) of the Table set out in the Schedule to the Regulations of 2024) National Transport Authority 4. Point 2 (insofar as it relates to high-risk AI systems intended to be used by a critical entity in respect of the supply of gas, heating or electricity, as specified at entry no. 1(a), (b) and (d) in column (1) of the Table set out in the Schedule to the Regulations of 2024) Commission for Regulation of Utilities 5. Point 2 (insofar as it relates to high-risk AI systems intended to be used by a critical entity in respect of the supply of water, as specified at entry no. 6 and entry no. 7 in column (1) of the Table set out in the Schedule to the Regulations of 2024) Commission for Regulation of Utilities 6. Point 4 Workplace Relations Commission 7. Point 5(a) (insofar as high-risk AI systems listed in that point are used for access to essential public healthcare services and benefits) Health Service Executive 8. Point 5(b) (insofar as it relates to the placing on the market, the putting into service or the use of a high-risk AI system by a regulated financial service provider in direct connection with the provision of financial services) Central Bank of Ireland 9. Point 5(c) (insofar as it relates to the placing on the market, the putting into service or the use of a high-risk AI system by a regulated financial service provider in direct connection with the provision of financial services) Central Bank of Ireland 10. Point 5(d) (insofar as high-risk AI systems listed in that point are used in relation to public emergency healthcare) Health Service Executive 11. Point 6 Data Protection Commission 12. Point 7 Data Protection Commission 13. Point 8 Data Protection Commission Schedule 3 Regulation 4 Designation of market surveillance authorities for the purposes of Article 5 Reference Number (1) Point of Article 5(1) (2) Body designated as market surveillance authority (3) 1. Point (a) (insofar as it relates to the placing on the market, the putting into service or the use of an AI system by an intermediary service, an audiovisual media service, a sound broadcasting service, a relevant designated online service, or a hosting service) Coimisiún na Meán 2. Point (a) (insofar as it relates to the placing on the market, the putting into service or the use of an AI system by a regulated financial service provider in direct connection with the provision of financial services) Central Bank of Ireland 3. Point (b) (insofar as it relates to the placing on the market, the putting into service or the use of an AI system by an intermediary service, an audiovisual media service, a sound broadcasting service, a relevant designated online service, or a hosting service) Coimisiún na Meán 4. Point (b) (insofar as it relates to the placing on the market, the putting into service or the use of an AI system by a regulated financial service provider in direct connection with the provision of financial services) Central Bank of Ireland 5. Point (c) (insofar as it relates to the placing on the market, the putting into service or the use of an AI system by a regulated financial service provider in direct connection with the provision of financial services) Central Bank of Ireland 6. Point (c) (insofar as reference number 5 of this Schedule does not apply) Data Protection Commission 7. Point (d) Data Protection Commission 8. Point (e) Data Protection Commission 9. Point (f) (other than in relation to education institutions) Workplace Relations Commission 10. Point (g) Data Protection Commission 11. Point (h) Data Protection Commission ”. GIVEN under my Official Seal, 31 July, 2026. PETER BURKE, Minister for Enterprise, Tourism and Employment. 1 OJ L, 2024/1689, 12.7.2024 2 OJ L 172, 17.5.2021 3 OJ L 241, 17.9.2015 4 OJ L 277, 27.10.2022