AI Act Article 95: Obligations, Deadlines & Penalties

All obligations under Article 95

Obligation 1

The AI Office and Member States shall encourage and facilitate the drawing up of codes of conduct, including related governance mechanisms, intended to foster the voluntary application of requirements to AI systems other than high-risk AI systems. Regulation (EU) 2024/1689, Article 95, Article 95

Obligated entity

AI Office and Member States

Action required

encourage and facilitate

Deadline

—

Penalty

—

Obligation 2

The AI Office and Member States shall facilitate the drawing up of codes of conduct concerning the voluntary application of specific requirements to all AI systems, based on clear objectives and key performance indicators. Regulation (EU) 2024/1689, Article 95, Article 95

Obligated entity

AI Office and Member States

Action required

facilitate

Deadline

—

Penalty

—

Obligation 3

The AI Office and Member States shall take into account the specific interests and needs of SMEs, including start-ups, when encouraging and facilitating the drawing up of codes of conduct. Regulation (EU) 2024/1689, Article 95, Article 95

Obligated entity

AI Office and Member States

Action required

take into account

Deadline

—

Penalty

—

EU AI Act compliance deadlines

• 2025-02-02 Article 5 prohibitions (unacceptable risk) in_force
• 2025-02-02 Article 4 AI literacy in_force
• 2025-08-02 GPAI model obligations (Articles 51 to 56) in_force
• 2026-07-27 Regulation (EU) 2026/1744 (Digital Omnibus on AI) enters into force — AI Act applies as amended in_force
• 2026-08-02 AI Act general date of application (Art 113) — governance, penalties and remaining provisions without a different date in_force
• 2026-08-02 Article 50 transparency obligations (AI-interaction disclosure, labelling of deepfakes and AI-generated text, emotion-recognition notices) in_force
• 2026-12-02 Article 50(2) machine-readable marking of AI-generated content — transition for generative AI systems placed on the market before 2 August 2026 scheduled
• 2026-12-02 NEW Article 5 prohibition: AI generation of non-consensual intimate imagery (NCII) and CSAM scheduled
• 2027-08-02 National AI regulatory sandboxes: at least one operational per Member State (Art 57(1)) scheduled
• 2027-12-02 Annex III stand-alone high-risk obligations scheduled
• 2028-08-02 Annex I embedded (regulated-product) high-risk obligations scheduled

Questions about Article 95

Who must comply with Article 95 of the AI Act? +

AI Office and Member States.

What does Article 95 of the AI Act require? +

encourage and facilitate facilitate take into account