Art. 75b Commitments | AI act regulation | AI act

This article establishes a commitments mechanism within the AI Office's enforcement proceedings under Article 75a.

It provides a route for operators under investigation to offer compliance commitments that, if accepted by the AI Office, become legally binding and bring the proceedings to a close.

However, the AI Office retains the power to reopen proceedings in certain circumstances, and can reject commitments it considers inadequate.

Important points:

The AI Office may make an operator's compliance commitments binding by decision, effectively closing enforcement proceedings under Article 75a.
The AI Office can reopen proceedings where facts have materially changed, the operator has acted contrary to its commitments, or the original decision was based on incomplete, incorrect or misleading information provided by the operator.
Where the AI Office considers the offered commitments unable to ensure effective compliance, it must reject them in a reasoned decision.

If, during proceedings under Article 75a(2), the operator concerned offers commitments to ensure compliance with the relevant provisions of this Regulation, the AI Office may, by decision, make those commitments binding on the operator concerned and declare that there are no further grounds for action. The AI Office may, upon request or on its own initiative, reopen the proceedings where:
1. there has been a material change in any of the facts on which the decision was based;
2. the operator acts contrary to its commitments; or
3. the decision was based on incomplete, incorrect or misleading information provided by the operator concerned.
Where the AI Office considers that the commitments offered by the operator concerned are unable to ensure effective compliance with the relevant provisions of this Regulation, it shall reject those commitments in a reasoned decision when concluding the proceedings.