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Article 72a

Fines for Providers of General Purpose AI Models

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

1. The Commission may impose on providers of general purpose AI models fines not exceeding 3% of its total worldwide turnover in the preceding financial year or 15 million EUR whichever is higher. Fines should be imposed one year after the entry into application of the relevant provisions in this Regulation in order to allow providers sufficient time to adapt when the Commission finds that the provider intentionally or negligently:

  1. infringes the relevant provisions of this Regulation;
  2. fails to comply with a request for Article 68i [Power to request documentation and information], or supply of incorrect, incomplete or misleading information;
  3. fails to comply with a measure requested under Article 68k [Power to request measures];
  4. fails to make available to the Commission access to the general purpose AI model or general purpose AI model with systemic risk with a view to conduct an evaluation pursuant to Article 68j [Power to conduct evaluations].

In fixing the amount of the fine or periodic penalty payment, regard shall be had to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. The Commission shall also into account commitments made in accordance with Article 68k(3) or in relevant codes of practice in accordance with Article 52e [Codes of practice].

2. Before adopting the decision pursuant to paragraph 1 of this Article, the Commission shall communicate its preliminary findings to the provider of the general purpose AI model or general purpose AI model with systemic risk and give opportunity to be heard.

2a. Fines imposed in accordance with this article shall be proportionate, dissuasive and effective.

2b. The information on the fines shall be also communicated to the Board as appropriate.

3. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine. It may cancel, reduce or increase the fine imposed.

4. The Commission shall adopt implementing acts concerning the modalities and practical arrangements for the proceedings in view of possible adoptions of decisions pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).

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