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Article 58a

Advisory Forum

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

1. An advisory forum shall be established to advise and provide technical expertise to the Board and the Commission to contribute to their tasks under this Regulation.

2. The membership of the advisory forum shall represent a balanced selection of stakeholders, including industry, start-ups, SMEs, civil society and academia. The membership of the advisory forum shall be balanced with regard to commercial and non- commercial interests and, within the category of commercial interests, with regards to SMEs and other undertakings.

3. The Commission shall appoint the members of the advisory forum, in accordance with the criteria set out in the previous paragraph, among stakeholders with recognised expertise in the field of AI.

4. The term of office of the members of the advisory forum shall be two years, which may be extended by up to no more than four years.

5. The Fundamental Rights Agency, European Union Agency for Cybersecurity, the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), and the European Telecommunications Standards Institute (ETSI) shall be permanent members of the advisory forum.

6. The advisory forum shall draw up its rules of procedure. It shall elect two co-chairs from among its members, in accordance with criteria set out in paragraph 2. The term of office of the co-chairs shall be two years, renewable once.

7. The advisory forum shall hold meetings at least two times a year. The advisory forum may invite experts and other stakeholders to its meetings.

8. In fulfilling its role as set out in paragraph 1, the advisory forum may prepare opinions, recommendations and written contributions upon request of the Board or the Commission.

9. The advisory forum may establish standing or temporary subgroups as appropriate for the purpose of examining specific questions related to the objectives of this Regulation.

10. The advisory forum shall prepare an annual report of its activities. That report shall be made publicly available.

[Previous version]

Guidelines from the Commission on the Implementation of This Regulation

1. Upon the request of the Member States or the Board, or on its own initiative, the Commission shall issue guidelines on the practical implementation of this Regulation, and in particular on
(i) the application of the requirements referred to in Articles 8 - 15;
(ii) the prohibited practices referred to in Article 5;
(iii) the practical implementation of the provisions related to substantial modification;
(iv) the practical implementation of uniform conditions referred to in Article 6, paragraph 3, including examples in relation to high risk AI systems referred to in Annex III;
(v) the practical implementation of transparency obligations laid down in Article 52;
(vi) the relationship of this Regulation with other relevant Union legislation, including as regards consistency in their enforcement.

When issuing such guidelines, the Commission shall pay particular attention to the needs of SMEs including start-ups, local public authorities and sectors most likely to be affected by this Regulation.

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