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Article 68j

Power to Conduct Evaluations

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

1. The AI Office, after consulting the Board, may conduct evaluations of the general purpose AI model concerned

  1. to assess compliance of the provider with the obligations under this Regulation, where the information gathered pursuant to Article 68i [Power to request information] is insufficient; or
  2. to investigate systemic risks at Union level of general purpose AI models with systemic risk, in particular following a qualified report from the scientific panel in accordance with point (c) of Article 68f [Enforcement of obligations on providers of general purpose AI models and general purpose AI models with systemic risk](3).

2. The Commission may decide to appoint independent experts to carry out evaluations on its behalf, including from the scientific panel pursuant to Article [scientific panel of independent experts]. All independent experts appointed for this task shall meet the criteria outlined in Article 58b, paragraph 2.

3. For the purpose of paragraph 1, the Commission may request access to the general purpose AI model concerned through application programming interfaces (‘API’) or further appropriate technical means and tools, including through source code.

4. The request for access shall state the legal basis, the purpose and reasons of the request and set the period within which the access is to be provided, and the fines provided for in Article 72a [fines] for failure to provide access.

5. The providers of the general purpose AI model concerned and, in the case of legal persons, companies or firms, or where they have no legal personality, the persons authorised to represent them by law or by their constitution shall provide the access requested on behalf of the provider of the general purpose AI model concerned.

6. The modalities and the conditions of the evaluations, including the modalities for involving independent experts and the procedure for the selection of the latter, shall be set out in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).

7. Prior to requesting access to the general purpose AI model concerned, the AI Office may initiate a structured dialogue with the provider of the general purpose AI model to gather more information on the internal testing of the model, internal safeguards for preventing systemic risks, and other internal procedures and measures the provider has taken to mitigate such risks.

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