Source: OJ L, 2024/1689, 12.7.2024

Article 69 Access to the pool of experts by the Member States

Summary What does Article 69 of the AI act regulation say?

This short article directly builds on Article 68, which establishes the scientific panel of independent experts.

Here, Article 69 addresses how Member States can actually use that panel in practice, by allowing them to call upon its experts to support their national enforcement activities.

It also deals with the practical matter of fees that Member States may be required to pay for that support, and places a coordination duty on the Commission to ensure expert access is timely and works efficiently alongside the Union AI testing support structures established under Article 84.

Important points:

Member States may draw on the scientific panel's experts to assist with their enforcement activities under this Regulation.
Member States may be required to pay fees for this support, with the fee structure to be defined in the implementing act under Article 68.
The Commission is required to facilitate timely access to experts for Member States and to coordinate this support efficiently with the Union AI testing support activities under Article 84.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

1. Member States may call upon experts of the scientific panel to support their enforcement activities under this Regulation.
1. The Member States may be required to pay fees for the advice and support provided by the experts. The structure and the level of fees as well as the scale and structure of recoverable costs shall be set out in the implementing act referred to in Article 68(1), taking into account the objectives of the adequate implementation of this Regulation, cost-effectiveness and the necessity of ensuring effective access to experts for all Member States.
1. The Commission shall facilitate timely access to the experts by the Member States, as needed, and ensure that the combination of support activities carried out by Union AI testing support pursuant to Article 84 and experts pursuant to this Article is efficiently organised and provides the best possible added value.

Relevant recitals

Recital 148 Establishment of EU expertise and capabilities

This Regulation should establish a governance framework that both allows to coordinate and support the application of this Regulation at national level, as well as build capabilities at Union level and integrate stakeholders in the field of AI. The effective implementation and enforcement of this Regulation require a governance framework that allows to coordinate and build up central expertise at Union level. The AI Office was established by Commission Decision(⁴⁵) and has as its mission to develop Union expertise and capabilities in the field of AI and to contribute to the implementation of Union law on AI. Member States should facilitate the tasks of the AI Office with a view to support the development of Union expertise and capabilities at Union level and to strengthen the functioning of the digital single market. Furthermore, a Board composed of representatives of the Member States, a scientific panel to integrate the scientific community and an advisory forum to contribute stakeholder input to the implementation of this Regulation, at Union and national level, should be established. The development of Union expertise and capabilities should also include making use of existing resources and expertise, in particular through synergies with structures built up in the context of the Union level enforcement of other law and synergies with related initiatives at Union level, such as the EuroHPC Joint Undertaking and the AI testing and experimentation facilities under the Digital Europe Programme.

Recital 151 Scientific panel of independent experts

To support the implementation and enforcement of this Regulation, in particular the monitoring activities of the AI Office as regards general-purpose AI models, a scientific panel of independent experts should be established. The independent experts constituting the scientific panel should be selected on the basis of up-to-date scientific or technical expertise in the field of AI and should perform their tasks with impartiality, objectivity and ensure the confidentiality of information and data obtained in carrying out their tasks and activities. To allow the reinforcement of national capacities necessary for the effective enforcement of this Regulation, Member States should be able to request support from the pool of experts constituting the scientific panel for their enforcement activities.

Table of contents

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