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Article 84

Union AI Testing Support Structures

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

1. The Commission shall designate one or more Union AI testing support structures to perform the tasks listed under Article 21(6) of Regulation (EU) 2019/1020 in the area of AI.

2. Without prejudice to the tasks referred to in paragraph 1, Union AI testing support structures shall also provide independent technical or scientific advice at the request of the Board, the Commission, or of market surveillance authorities.

[Previous version]

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

1. The Commission shall designate one or more Union AI testing support structures to perform the tasks listed under Article 21(6) of Regulation (EU) 2019/1020 in the area of AI.

2. Without prejudice to the tasks referred to in paragraph 1, Union AI testing support structures shall also provide independent technical or scientific advice at the request of the Board, the Commission, or of market surveillance authorities.

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

Evaluation and Review

1. The Commission shall assess the need for amendment of the list in Annex III, the list of prohibited AI practices in Article 5, once a year following the entry into force of this

Regulation, and until the end of the period of the delegation of power. The Commission shall submit the findings of that assessment to the European Parliament and the Council.

2. By two years after the date of application of this Regulation referred to in Article 85(2) and every four years thereafter, the Commission shall evaluate and report to the European Parliament and to the Council on the need for amendment of the following:

  • the need for extension of existing area headings or addition of new area headings in Annex III;
  • the list of AI systems requiring additional transparency measures in Article 52;
  • the effectiveness of the supervision and governance system.

2a. By three years after the date of application of this Regulation referred to in Article 85(3) and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. This report shall include an assessment with regard to the structure of enforcement and the possible need for an Union agency to resolve any identified shortcomings. On the basis of the findings that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation. The reports shall be made public.

3. The reports referred to in paragraph 2 shall devote specific attention to the following:

a. the status of the financial, technical and human resources of the national competent authorities in order to effectively perform the tasks assigned to them under this Regulation;

b. the state of penalties, and notably administrative fines as referred to in Article 71(1), applied by Member States to infringements of the provisions of this Regulation;

ba. adopted harmonised standards and common specifications developed to support this Regulation;

bb. the number of companies that enter the market after the enter into application of the regulation and how many of them are SMEs.

3a. By ... [two years after the date of entry into application of this Regulation referred to in Article 85(2)] the Commission shall evaluate office has been given sufficient powers and competences to fulfil its tasks and whether it would be relevant and needed for the proper implementation and enforcement of this Regulation to upgrade the Office and its enforcement competences and to increase its resources. The Commission shall submit this evaluation report to the European Parliament and to the Council.

3a. By two years [after the date of application of this Regulation referred to in Article 85(2)] and every four years thereafter, the Commission shall submit a report on the review of the progress on the development of standardization deliverables on energy efficient development of general-purpose models and asses the need for further measures or actions, including binding measures or actions. The report shall be submitted to the European Parliament and to the Council and it shall be made public.

4. Within … [two years after the date of application of this Regulation referred to in Article 85(2)] and every three years thereafter, the Commission shall evaluate the impact and effectiveness of voluntary codes of conduct to foster the application of the requirements set out in Title III, Chapter 2 for AI systems other than high-risk AI systems and possibly other additional requirements for AI systems other than high-risk AI systems, including as regards environmental sustainability.

5. For the purpose of paragraphs 1 to 4 the Board, the Member States and national competent authorities shall provide the Commission with information on its request, without undue delay.

6. In carrying out the evaluations and reviews referred to in paragraphs 1 to 4 the Commission shall take into account the positions and findings of the Board, of the European Parliament, of the Council, and of other relevant bodies or sources.

7. The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account developments in technology, the effect of AI systems on health and safety, fundamental rights and in the light of the state of progress in the information society.

7a. To guide the evaluations and reviews referred to in paragraphs 1 to 4 of this Article, the Office shall undertake to develop an objective and participative methodology for the evaluation of risk level based on the criteria outlined in the relevant articles and inclusion of new systems in: the list in Annex III, including the extension of existing area headings or addition of new area headings in that Annex; the list of prohibited practices laid down in Article 5; and the list of AI systems requiring additional transparency measures pursuant to Article 52.

7b. Any amendment to this Regulation pursuant to paragraph 7 of this Article, or relevant future delegated or implementing acts, which concern sectoral legislation listed in Annex II Section B, shall take into account the regulatory specificities of each sector, and existing governance, conformity assessment and enforcement mechanisms and authorities established therein.

7c. By … [five years from the date of application of this Regulation], the Commission shall carry out an assessment of the enforcement of this Regulation and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of enforcement and the need for an Union agency to resolve any identified shortcomings

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