The classic trap
Article 105 amends Directive 2014/90/EU on marine equipment (the marine equipment directive). The trap: assuming this text only concerns shipboard equipment manufacturers. In reality, as soon as an AI system becomes a safety component embedded on board (collision detection, autopilot, fire monitoring, stability management), it falls simultaneously under Directive 2014/90/EU and under the requirements of Chapter III, Section 2 of the AI Act, meaning it enters the high-risk regime. Luxembourg manufacturers and their software subcontractors underestimate this dual qualification and fail to integrate AI requirements into their wheel mark conformity file. The EU AI Office supervises the consistency of regimes, and the notified marine body may refuse the conformity mark if the AI requirements are not demonstrated.
Dual compliance: marine equipment plus high-risk AI Act
When an AI system is a marine safety component, you must stack two sets of requirements with neither exempting the other:
- Continuous risk management system across the whole lifecycle (Art. 9 AI Act), aligned with the technical specifications adopted by the Commission under Directive 2014/90/EU.
- Governance of training and testing data (Art. 10), with datasets representative of real navigation conditions.
- Unified technical documentation covering both the wheel mark and Annex IV of the AI Act, with no contradictory duplication.
- Automatic logging of records (Art. 12) for post-incident maritime traceability.
- Transparency and human oversight (Art. 13 and 14) for operators on board and ashore.
- Accuracy, robustness and cybersecurity (Art. 15) tested against the testing standards adopted by the Commission.
The concrete risk: a conformity file built solely for the marine scope, in which Chapter III Section 2 requirements are neither traced nor demonstrated, making the conformity mark contestable.
How Luxgap automates this risk
Our Luxgap Dual-Regime Mapper makes it impossible to forget an AI requirement in a sector-specific conformity file. The tool ingests your existing technical documentation (specifications, test reports, type-approval files) from your M365 SharePoint spaces, your Azure DevOps or GitLab repositories, and a specialised LLM agent maps each requirement of Chapter III Section 2 of the AI Act onto the corresponding clauses of Directive 2014/90/EU, flagging every coverage gap.
- Automatically detects AI systems that qualify as safety components from your connected product sheets and technical bills of materials.
- Cross-references wheel mark requirements with Articles 9 to 15 of the AI Act and produces a dual-compliance matrix article by article.
- Identifies AI requirements not covered by your current marine file (data governance, logging, human oversight) and proposes the missing documentary content.
- Generates unified technical documentation compliant with Annex IV of the AI Act and aligned with the testing standards adopted by the Commission, with no contradictory duplication.
- Alerts in real time when a new technical specification or testing standard is published, to anticipate file updates.
- Produces a timestamped PDF report, enforceable before your notified body and the EU AI Office, demonstrating full coverage of both regimes.
Available as a complement to a Luxgap DPO or CISO mandate or as a dedicated SaaS module depending on your scope. Request a personalised quote and our teams will prepare a demonstration on your real file, with a free blank audit within 48h to measure your coverage gaps before any commitment.
