POST-MARKET MONITORING, INFORMATION SHARING AND MARKET SURVEILLANCE
23 articles
1. Providers shall establish and document a post-market monitoring system in a manner that is proportionate to the natur…
Article 73Reporting of serious incidents1. Providers of high-risk AI systems placed on the Union market shall report any serious incident to the market surveill…
Article 74Market surveillance and control of AI systems in the Union market1. Regulation (EU) 2019/1020 shall apply to AI systems covered by this Regulation. For the purposes of the effective enf…
Article 75Mutual assistance, market surveillance and control of general-purpose AI systems1. Where an AI system is based on a general-purpose AI model, and the model and the system are developed by the same pro…
Article 76Supervision of testing in real world conditions by market surveillance authorities1. Market surveillance authorities shall have competences and powers to ensure that testing in real world conditions is …
Article 77Powers of authorities protecting fundamental rights1. National public authorities or bodies which supervise or enforce the respect of obligations under Union law protectin…
Article 78Confidentiality1. The Commission, market surveillance authorities and notified bodies and any other natural or legal person involved in…
Article 79Procedure at national level for dealing with AI systems presenting a risk1. AI systems presenting a risk shall be understood as a ‘product presenting a risk’ as defined in Article 3, point 19 o…
Article 80Procedure for dealing with AI systems classified by the provider as non-high-risk in application of Annex III1. Where a market surveillance authority has sufficient reason to consider that an AI system classified by the provider …
Article 81Union safeguard procedure1. Where, within three months of receipt of the notification referred to in Article 79(5), or within 30 days in the case…
Article 82Compliant AI systems which present a risk1. Where, having performed an evaluation under Article 79, after consulting the relevant national public authority refer…
Article 83Formal non-compliance1. Where the market surveillance authority of a Member State makes one of the following findings, it shall require the r…
Article 84Union AI testing support structures1. The Commission shall designate one or more Union AI testing support structures to perform the tasks listed under Arti…
Article 85Right to lodge a complaint with a market surveillance authorityWithout prejudice to other administrative or judicial remedies, any natural or legal person having grounds to consider t…
Article 86Right to explanation of individual decision-making1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk …
Article 87Reporting of infringements and protection of reporting personsDirective (EU) 2019/1937 shall apply to the reporting of infringements of this Regulation and the protection of persons …
Article 88Enforcement of the obligations of providers of general-purpose AI models1. The Commission shall have exclusive powers to supervise and enforce Chapter V, taking into account the procedural gua…
Article 89Monitoring actions1. For the purpose of carrying out the tasks assigned to it under this Section, the AI Office may take the necessary act…
Article 90Alerts of systemic risks by the scientific panel1. The scientific panel may provide a qualified alert to the AI Office where it has reason to suspect that: (a) a genera…
Article 91Power to request documentation and information1. The Commission may request the provider of the general-purpose AI model concerned to provide the documentation drawn …
Article 92Power to conduct evaluations1. The AI Office, after consulting the Board, may conduct evaluations of the general-purpose AI model concerned: (a) to …
Article 93Power to request measures1. Where necessary and appropriate, the Commission may request providers to: (a) take appropriate measures to comply wit…
Article 94Procedural rights of economic operators of the general-purpose AI modelArticle 18 of Regulation (EU) 2019/1020 shall apply mutatis mutandis to the providers of the general-purpose AI model, w…
