# GPAI Applicability Assessment (T0.6)

## Tier A — Base GPAI Obligations (Article 53)

Apply unconditionally to ANY model qualifying as GPAI per Art.3(44),
regardless of compute threshold.

- Art.53(1)(a) — Maintain up-to-date technical documentation
- Art.53(1)(b) — Make available a transparency package to downstream deployers
- Art.53(1)(c) — Comply with EU copyright (incl. Article 4(3) of Dir 2019/790)
- Art.53(1)(d) — Publish summary of training data

**Determination for cubie-eu v0.1:** cubie-eu itself is NOT a GPAI model — it
is an admission/attestation layer. However, if cubie-eu is deployed to gate
inference against a GPAI model (e.g., a foundation model being served behind
the gate), the GPAI provider (not cubie-eu) carries Art.53 obligations.
The Phase 7 OpenVINO demo must declare which model is being gated.

## Tier B — Systemic-Risk Obligations (Article 55)

Apply only when **either** condition holds:
- Training compute ≥ 10²⁵ FLOPs, OR
- Commission designates the model as systemic-risk per Art.51

Additional obligations:
- Art.55(1)(a) — Adversarial testing + model evaluation
- Art.55(1)(b) — Cybersecurity measures
- Art.55(1)(c) — Track and report serious incidents to Commission
- Art.55(1)(d) — Ensure adequate level of cybersecurity protection

## Determination for cubie-eu v0.1

- cubie-eu: NOT a GPAI model. No Art.53 or Art.55 obligations apply.
- The Phase 7 OpenVINO demo MUST declare:
  - Which model is gated (provider, name, version)
  - Whether that model is GPAI (Art.3(44))
  - Whether the model crosses the 10²⁵ FLOPs threshold (Art.51)
  - The provider's Art.53 / Art.55 compliance status

Without this declaration, the Phase 7 demo MUST NOT ship publicly.