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Article 58

Tasks of the Board

Updated on Feb 6th 2024 based on the version endorsed by the Coreper I on Feb 2nd

The Board shall advise and assist the Commission and the Member States in order to facilitate the consistent and effective application of this Regulation. For this purpose the Board may in particular:

  1. contribute to the coordination among national competent authorities responsible for the application of this Regulation and, in cooperation and subject to agreement of the concerned market surveillance authorities, support joint activities of market surveillance authorities referred to in Article 63(7a);
  2. collect and share technical and regulatory expertise and best practices among Member States;
  3. provide advice in the implementation of this Regulation, in particular as regards the enforcement of rules on general purpose AI models;
  4. contribute to the harmonisation of administrative practices in the Member States, including in relation to the derogation from the conformity assessment procedures referred to in Article 47, the functioning of regulatory sandboxes and testing in real world conditions referred to in Articles 53, 54 and 54a;
  5. upon the request of the Commission or on its own initiative, issue recommendations and written opinions on any relevant matters related to the implementation of this Regulation and to its consistent and effective application, including:
    (i) on the development and application of codes of conduct and code of practice pursuant to this Regulation as well as the Commission’s guidelines;
    (ii) the evaluation and review of this Regulation pursuant to Article 84, including as regards the serious incident reports referred to in Article 62 and the functioning of the database referred to in Article 60, the preparation of the delegated or implementing acts, and possible alignments of this Regulation with the legal acts listed in Annex II;
    (iii) on technical specifications or existing standards regarding the requirements set out in Title III, Chapter 2;
    (iv) on the use of harmonised standards or common specifications referred to in Articles 40 and 41;
    (v) trends, such as European global competitiveness in artificial intelligence, the uptake of artificial intelligence in the Union and the development of digital skills;
    (via) trends on the evolving typology of AI value chains, in particular on the resulting implications in terms of accountability;
    (vi) on the potential need for amendment of Annex III in accordance with Article 7 and on the potential need for possible revision of Article 5 pursuant to Article 84, taking into account relevant available evidence and the latest developments in technology;
  6. support the Commission in promoting AI literacy, public awareness and understanding of the benefits, risks, safeguards and rights and obligations in relation to the use of AI systems;
  7. facilitate the development of common criteria and a shared understanding among market operators and competent authorities of the relevant concepts provided for in this Regulation, including by contributing to the development of benchmarks;
  8. cooperate, as appropriate, with other Union institutions, bodies, offices and agencies, as well as relevant Union expert groups and networks in particular in the fields of product safety, cybersecurity, competition, digital and media services, financial services, consumer protection, data and fundamental rights protection;
  9. contribute to the effective cooperation with the competent authorities of third countries and with international organisations;
  10. assist national competent authorities and the Commission, in developing the organisational and technical expertise required for the implementation of this Regulation, including by contributing to the assessment of training needs for staff of Member States involved in implementing this Regulation;
    j1. assist the AI Office in supporting national competent authorities in the establishment and development of regulatory sandboxes and facilitate cooperation and information- sharing among regulatory sandboxes;
  11. contribute and provide relevant advice in the development of guidance documents;
  12. advise the Commission in relation to international matters on artificial intelligence;
  13. provide opinions to the Commission on the qualified alerts regarding general purpose AI models;
  14. receive opinions by the Member states on the qualified alerts regarding general purpose AI models and on national experiences and practices on the monitoring and enforcement of the AI systems, in particular systems integrating the general purpose AI models

[Previous version]

The Board shall advice and assist the Commission and the Member States in order to facilitate the consistent and effective application of this Regulation. For this purpose the Board may in particular:

  1. collect and share technical and regulatory expertise and best practices among Member States;
  1. contribute to the harmonisation of administrative practices in the Member States, including in relation to the derogation from the conformity assessment procedures referred to in Article 47, the functioning of regulatory sandboxes and testing in real world conditions referred to in Article 53, 54 and 54a;
  1. upon the request of the Commission or on its own initiative, issue recommendations and written opinions on any relevant matters related to the implementation of this Regulation and to its consistent and effective application, including:
    (i) on technical specifications or existing standards regarding the requirements set out in Title III, Chapter 2,
    (ii) on the use of harmonised standards or common specifications referred to in Articles 40 and 41,
    (iii) on the preparation of guidance documents, including the guidelines concerning the setting of administrative fines referred to in Article 71;
  1. advise the Commission on the potential need for amendment of Annex III in accordance with Articles 4 and 7, taking into account relevant available evidence and the latest developments in technology;
  1. advise the Commission during the preparation of delegated or implementing act pursuant to this Regulation;
  1. cooperate, as appropriate, with relevant EU bodies, experts groups and networks in particular in the fields of product safety, cybersecurity, competition, digital and media services, financial services, cryptocurrencies, consumer protection, data and fundamental rights protection;
  1. contribute and provide relevant advice to the Commission in the development of the guidance referred to in Article 58a or request the development of such guidance;
  1. to assist the work of market surveillance authorities and, in cooperation and subject to agreement of the concerned market surveillance authorities, promote and support cross-border market surveillance investigations, including with respect to the emergence of risks of systemic nature that may stem from AI systems;
  1. contribute to the assessment of training needs for staff of Member States involved in implementing this Regulation;
  1. advise the Commission in relation to international matters on artificial intelligence.
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