{
 "affected_provisions": [
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   "after_text": "1. In accordance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties and other enforcement measures, which may also include administrative fines, warnings and non-monetary measures, applicable to any infringement of this Regulation by operators, and shall take all measures necessary to ensure that they are properly and effectively implemented, thereby taking into account the guidelines issued by the Commission pursuant to Article 96. The penalties provided for shall be effective, proportionate and dissuasive. The Member States shall take into account the interests of SMEs, including start-ups, and SMCs, and their economic viability when imposing penalties.",
   "before_text": "1. In accordance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties and other enforcement measures, which may also include warnings and non-monetary measures, applicable to infringements of this Regulation by operators, and shall take all measures necessary to ensure that they are properly and effectively implemented, thereby taking into account the guidelines issued by the Commission pursuant to Article 96. The penalties provided for shall be effective, proportionate and dissuasive. They shall take into account the interests of SMEs, including start-ups, and their economic viability.",
   "derivation_json_url": "https://eu-ai-act.standards.riskmandate.ai/provisions/eu-2024-1689/art_099/par_001/derivation.json",
   "id": "eu-2024-1689/art_099/par_001",
   "sha256": "d56bd100fb369e767d370c8cd20cb24df5d59c5f97c0c1cf1e2078ebf0400c56",
   "status": "amended"
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 "authentic": false,
 "disclaimer": "COMPOSED TEXT - NOT AUTHENTIC. This is the EU AI Act (Regulation (EU) 2024/1689) with the Digital Omnibus on AI (Regulation (EU) 2026/1744, in force 27 July 2026) applied by a deterministic, gated parser. Only the Official Journal publications are authentic law; no official consolidated version existed when this was generated. Corrigenda R(01)-R(04) do not correct the English text (verified against CELLAR). Every fragment's derivation chain is available in the source graphs (vault: data/graph/). Not legal advice.",
 "instruction": {
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  "context_text": [
   "Article 99 is amended as follows:"
  ],
  "id": "eu-2026-1744/art_001/pt_038/a",
  "in_force": "2026-07-27",
  "instruction_text": "paragraph 1 is replaced by the following:",
  "level": "paragraph",
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  "payload_text": "1.In accordance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties and other enforcement measures, which may also include administrative fines, warnings and non-monetary measures, applicable to any infringement of this Regulation by operators, and shall take all measures necessary to ensure that they are properly and effectively implemented, thereby taking into account the guidelines issued by the Commission pursuant to Article 96. The penalties provided for shall be effective, proportionate and dissuasive. The Member States shall take into account the interests of SMEs, including start-ups, and SMCs, and their economic viability when imposing penalties.;",
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  "target_resolution": {
   "method": "grammar over enacting terms; cross-checked against payload Formex IDENTIFIER attributes where present",
   "partition": "parser-derived"
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 },
 "kind": "derivation",
 "markdown_url": "https://eu-ai-act.standards.riskmandate.ai/derivations/art_001__pt_038__a.md",
 "not_legal_advice": true,
 "provisions_root_hash": "77c4ca7c208d73adc24b9a41eb29724bee29a41df98b786b85c57852fa3ae6bd",
 "schema": "eu-ai-act-current/v1",
 "site_version": "v0.1.4",
 "slug": "derivations/art_001__pt_038__a",
 "text_version": "2026-07-27",
 "title": "Derivation — eu-2026-1744/art_001/pt_038/a",
 "url": "https://eu-ai-act.standards.riskmandate.ai/derivations/art_001__pt_038__a.html"
}