Caesar AI Atlas
RegulatoryIntermediate

Making Available on the Market vs Placing on the Market

A side-by-side comparison of Making Available on the Market and Placing on the Market. Understand how general EU supply for distribution or use differs from the first such market event.

Quick Verdict: Use Making Available on the Market for supply in the EU market; use Placing on the Market for the first making available event.

At a Glance

Making Available On The Market

Making Available On The Market defines supply of an AI system or general-purpose AI model for distribution or use in the European Union market.

Key Characteristics
  • Supply of an AI system or GPAI model for distribution or use
  • Occurs in the European Union market
  • Applies in commercial activity whether paid or free
Watch Out For
  • Broader than the first market event
  • Can describe later distribution or supply, not only initial market entry

Context: Most relevant when describing supply of an AI system or GPAI model for EU distribution or use.

VS
Placing On The Market

Placing On The Market defines first making available of an AI system or general-purpose AI model on the EU market.

Key Characteristics
  • First making available on the EU market
  • Can apply to an AI system or GPAI model
  • Important because obligations may attach at or before this point
Watch Out For
  • Not every making available event is placing on the market
  • First availability timing should be recorded for compliance evidence

Context: Most relevant when identifying the first EU market-entry trigger for regulatory obligations.

Key Differences

AspectMaking Available On The MarketPlacing On The Market
Regulatory purposeMaking available on the market describes supply for distribution or use in the EU market.Placing on the market identifies the first making available on the EU market.
Trigger pointCan occur whenever the system or model is supplied for EU distribution or use as part of commercial activity.Occurs only at the first making available event.
Required evidenceEvidence should show lawful supply conditions, actor roles, and distribution or use context.Evidence should show that obligations due before first market entry were satisfied.
Responsible actorMay involve supply-chain actors participating in distribution or market supply.Most closely tied to the provider or actor responsible for the first market placement.
Audit implicationAuditors should identify each supply event and the actors involved.Auditors should identify the first market event and confirm pre-market compliance evidence.
Caesar AI Note

In practice, teams should record the first market-placement date separately from later distribution or customer availability events.

Notes

Common Mistakes

1

Treating every market availability event as placing on the market.

2

Failing to identify the first making available event.

3

Ignoring free-of-charge supply even though market availability can still be relevant.

When to Use Each

making-available-on-the-market

Use Making Available on the Market when discussing supply of an AI system or general-purpose AI model for distribution or use in the EU market. It is useful for supply-chain, distribution, and commercial availability analysis.

placing-on-the-market

Use Placing on the Market when identifying the first time an AI system or general-purpose AI model is made available on the EU market. It is the right term for initial market-entry compliance triggers.

Compliance Note

Under EU AI Act workflows, first market placement and later availability should not be merged. The distinction helps teams identify when pre-market obligations were due and how later supply-chain responsibilities should be documented.

FAQ

Is placing on the market a type of making available?+

Yes. It refers to the first making available on the EU market.

Does making available require payment?+

The glossary definition states that it can apply whether the system or model is provided for payment or free of charge as part of commercial activity.

Why does the first market event matter?+

Certain obligations may need to be satisfied at or before first market placement, so timing is important for audit evidence.

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