--- authoritative: false representation: annotated-page publisher: AstroKube methodology: https://ai-act.astrokube.com/about/ source_verified_on: '2026-09-15' site_content_updated_on: '2026-09-15' title: Recital 103 | EU AI Act | AstroKube description: 'Recital 103, EU AI Act: Free and open-source AI components covers the software and data, including models and general-purpose AI models, tools, services or…' language: en source: https://ai-act.astrokube.com/law/recital-103/ --- 1. [Start](https://ai-act.astrokube.com/) 2. [The law](https://ai-act.astrokube.com/law/) 3. Recital 103 # Recital 103 This is a recital of the 2024 act: interpretive context for the operative articles, not operative law itself. ▼ Primary text, verbatim. Our annotations appear below, visibly separated. Free and open-source AI components covers the software and data, including models and general-purpose AI models, tools, services or processes of an AI system. Free and open-source AI components can be provided through different channels, including their development on open repositories. For the purposes of this Regulation, AI components that are provided against a price or otherwise monetised, including through the provision of technical support or other services, including through a software platform, related to the AI component, or the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software, with the exception of transactions between microenterprises, should not benefit from the exceptions provided to free and open-source AI components. The fact of making AI components available through open repositories should not, in itself, constitute a monetisation. This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. ## Scenarios that touch this provision ### An open model, fine-tuned and sold inside your product Illustrative Reading still settling You took an open-weight model, fine-tuned it on your own data, and it now powers a paid feature in the product you sell. ### Your role Provider ### Where it lands Not classified In force 2 Aug 2025 ### Decided by Chapter V, as the provider of the modified model, and separately whatever Article 6 says about the system you built on it. What applies - [General-purpose AI provider duties](https://ai-act.astrokube.com/explorer/?q=art-53-gpai-provider) - [Authorised representative for GPAI model providers](https://ai-act.astrokube.com/explorer/?q=art-54-gpai-authorised-representative) - [AI literacy measures](https://ai-act.astrokube.com/explorer/?q=art-4-ai-literacy) What you have to be able to produce - Downstream information pack - Model documentation - Onboarding notes for AI-touching roles - Provider-status assessment for fine-tunes - Public training-content summary - Team enablement plan for people operating AI systems - Written mandate for the model's authorised representative What would change the answer - The Article 53(2) exception covers models released under a free and open-source licence with public parameters, architecture and usage information, and it never covers a model with systemic risk. - Recital 103 reads components provided against a price or otherwise monetised as outside the free and open-source exceptions. A recital is interpretive context, not operative law, and it is the weakest link in this row. - Crossing the Article 51 systemic-risk threshold adds the Article 55 duties and removes the exception entirely. [EU Art. 53(1), (2)](https://ai-act.astrokube.com/law/art-53/ "Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act)") [EU Art. 51](https://ai-act.astrokube.com/law/art-51/ "Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act)") [EU Art. 55](https://ai-act.astrokube.com/law/art-55/ "Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act)") [EU Recital 103](https://ai-act.astrokube.com/law/recital-103/ "Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act)") [EU Guidelines on GPAI provider obligations, para. 60 Commission interpretation](https://digital-strategy.ec.europa.eu/en/library/guidelines-scope-obligations-providers-general-purpose-ai-models-under-ai-act "Guidelines on the scope of the obligations for providers of general-purpose AI models under the AI Act") A scenario describes a system we made up, not yours. It is not a classification of your system and not legal advice. Pending review by a named legal reviewer. ## If you would rather not read the law The basics page explains the Regulation's own categories in order: scope, role, tier, date. The engineering view groups the obligations by the platform capability they demand. [Start with the basics →](https://ai-act.astrokube.com/basics/) [Open the engineering view →](https://ai-act.astrokube.com/engineering/) ## About this provision ### Type Recital ### Amended by Not amended ### Cited capture regulation-2024-1689/en-2026-08-18.html sha256 8f0b656302f9864c… [Authentic text (EUR-Lex) →](http://data.europa.eu/eli/reg/2024/1689/oj) [This version (EUR-Lex) →](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689) ### Machine readable [/law/recital-103.md](https://ai-act.astrokube.com/law/recital-103.md) [/api/law.json](https://ai-act.astrokube.com/api/law.json) ### Found an error? [Write to us →](https://astrokube.com/contact)