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Article 85

Right to Lodge a Complaint with a Market Surveillance Authority

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

Without prejudice to other administrative or judicial remedies, any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may submit complaints to the relevant market surveillance authority.

In accordance with Regulation (EU) 2019/1020, such complaints shall be taken into account for the purpose of conducting market surveillance activities, and shall be handled in line with the dedicated procedures established therefor by the 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.

Without prejudice to other administrative or judicial remedies, any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may submit reasoned complaints to the relevant market surveillance authority.

In accordance with Regulation (EU) 2019/1020, such complaints shall be taken into account for the purpose of conducting market surveillance activities, and shall be handled in line with the dedicated procedures established therefor by the market surveillance authorities.

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

Entry into Force and Application

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2. This Regulation shall apply from [24 months following the entering into force of the Regulation]. With regard to the obligation referred to in Article 53(1), this obligation shall include either that at least one regulatory sandbox per Member State shall be operational on this day or that the Member State participates in the sandbox of another Member State *

3. By way of derogation from paragraph 2:

-a. Title I and II [Prohibitions] shall apply from [six months following the entry into force of this Regulation];

a. Title III Chapter 4, Title VI, Title VIIIa [GPAI], Title X [Penalties] shall apply from [twelve months following the entry into force of this Regulation];

b. Article 6(1) and the corresponding obligations in this Regulation shall apply from [36 months following the entry into force of this Regulation].

Codes of practices shall be ready at the latest nine months after the entry into force of this Regulation. The AI Office shall take the necessary steps, including inviting providers pursuant to Article 52e paragraph 5.

This Regulation shall be binding in its entirety and directly applicable in all Member States

Done at Brussels,

For the European Parliament, The President

For the Council, The President

Suitable Recitals
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