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Article 63a

[Deleted]

Removed on May 8th 2024 based on the version and article numbering in the EU Parliament's 'Corrigendum' version dated April 19th 2024.

[Previous version]

Removed on April 10th 2024 based on the version and article numbering approved by the EU Parliament on March 13th 2024.

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

Mutual Assistance, Market Surveillance and Control of General Purpose AI Systems

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 this AI system with the obligations of this Regulation. To carry monitoring and supervision tasks the AI Office shall have all the powers of a market surveillance authority within the meaning of the Regulation 2019/1020.

2. Where the relevant market surveillance authorities have sufficient reasons to consider that 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, is non-compliant with the requirements laid down in this Regulation, it shall cooperate with the AI Office to carry out evaluation of compliance and inform the Board and other market surveillance authorities accordingly.

3. When a national market surveillance authority is unable to conclude its investigation on 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 where access to this information can be enforced. In this 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. National market authorities shall safeguard the confidentiality of the information they obtain in accordance with the Article 70. The procedure provided in Chapter VI of the Regulation (EU) 1020/2019 shall apply by analogy.

[Previous version]

Supervision of Testing in Real World Conditions by Market Surveillance Authorities

1. Market surveillance authorities shall have the competence and powers to ensure that testing in real world conditions is in accordance with this Regulation.

2. Where testing in real world conditions is conducted for AI systems that are supervised within an AI regulatory sandbox under Article 54, the market surveillance authorities shall verify the compliance with the provisions of Article 54a as part of their supervisory role for the AI regulatory sandbox. Those authorities may, as appropriate, allow the testing in real world conditions to be conducted by the provider or prospective provider in derogation to the conditions set out in Article 54a(4) (f) and (g).

3. Where a market surveillance authority has been informed by the prospective provider, the provider or any third party of a serious incident or has other grounds for considering that the conditions set out in Articles 54a and 54b are not met, it may take any of the following decisions on its territory, as appropriate:

  1. suspend or terminate the testing in real world conditions;
  1. require the provider or prospective provider and user(s) to modify any aspect of the testing in real world conditions.

4. Where a market surveillance authority has taken a decision referred to in paragraph 3 of this Article or has issued an objection within the meaning of Article 54a(4)(b), the decision or the objection shall indicate the grounds thereof and the modalities and conditions for the provider or prospective provider to challenge the decision or objection.

5. Where applicable, where a market surveillance authority has taken a decision referred to in paragraph 3 of this Article, it shall communicate the grounds therefor to the market surveillance authorities of the other Member States in which the AI system has been tested in accordance with the testing plan.

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