Article 75 Mutual assistance, market surveillance and control of general-purpose AI systems
1.
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.
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.
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
. Articles1
Recitals 1 ▾
Drafting History 2 ▾
AI Omnibus 1 ▾
Case Law 0 ▾
It is necessary to clarify the responsibilities and competences at Union and national level as regards AI systems that are built on general-purpose AI models. To avoid overlapping competences, where an AI system is based on a general-purpose AI model and the model and system are provided by the same…
2021-04-21
Commission Proposal — COM(2021) 206 final
Article 75 — Amendment to Regulation (EC) No 300/2008
In Article 4(3) of Regulation (EC) No 300/2008, the following subparagraph is added: “When adopting detailed measures related to technical specifications and procedures for approval and use of security equipment concerning Artificial Intelligence systems in the meaning of Regulation (EU) YYY/XX [on Artificial Intelligence] of the European Parliament and of the Council*, the requirements set out in Chapter 2, Title III of that Regulation shall be taken into account.” __________ * Regulation (EU) YYY/XX [on Artificial Intelligence] (OJ …).”
July 2024
Final Adopted Text — Regulation (EU) 2024/1689
Article 75 — Mutual assistance, market surveillance and control of general-purpose AI systems
3 paragraph(s) · Current text shown above
Title changed to 'Market surveillance and control of AI systems and mutual assistance'; AI Office exclusively competent for GPAI-based AI systems on same-provider basis and VLOP/VLOSE systems; enforcement powers via implementing acts; procedural safeguards (Reg 2019/1020 Art 18 mutatis mutandis); pre-market conformity assessments by Commission
COM(2025) 836 final — AI Omnibus Regulation
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No case law referencing Article 75 yet.
As courts and enforcement authorities produce decisions interpreting this provision, they will appear here.