Article 75: Mutual assistance, market surveillance and control of general-purpose AI systems
This article describes the AI Office's role in monitoring and supervising AI systems based on general-purpose AI models where both the model and the system are developed by the same provider. In such cases, the AI Office has the powers of a market surveillance authority and can enforce compliance with the AI Act.
When market surveillance authorities suspect that such AI systems that can be used for high-risk purposes are non-compliant with regulatory requirements, they shall collaborate with the AI Office to conduct compliance evaluations. If a market surveillance authority cannot complete an investigation due to lack of access to information about a general-purpose AI model, it can request the AI Office to enforce access. The AI Office will provide the relevant information within 30 days, and the market surveillance authority must keep the information confidential.
1. Where an AI system is based on a general-purpose AI model, and the model and the system are developed by the same provider, the AI Office shall have powers to monitor and supervise compliance of that AI system with obligations under this Regulation. To carry out its monitoring and supervision tasks, the AI Office shall have all the powers of a market surveillance authority provided for in this Section and Regulation (EU) 2019/1020.
2. Where the relevant market surveillance authorities have sufficient reason to consider general-purpose AI systems that can be used directly by deployers for at least one purpose that is classified as high-risk pursuant to this Regulation to be non-compliant with the requirements laid down in this Regulation, they shall cooperate with the AI Office to carry out compliance evaluations, and shall inform the Board and other market surveillance authorities accordingly.
3. Where a market surveillance authority is unable to conclude its investigation of the high-risk AI system because of its inability to access certain information related to the general-purpose AI model despite having made all appropriate efforts to obtain that information, it may submit a reasoned request to the AI Office, by which access to that information shall be enforced. In that case, the AI Office shall supply to the applicant authority without delay, and in any event within 30 days, any information that the AI Office considers to be relevant in order to establish whether a high-risk AI system is non-compliant. Market surveillance authorities shall safeguard the confidentiality of the information that they obtain in accordance with Article 78 of this Regulation. The procedure provided for in Chapter VI of Regulation (EU) 2019/1020 shall apply mutatis mutandis.