Art. 76 Supervision of testing in real world conditions by market surveillance authorities | AI act regulation | AI act

This article is the companion piece to the real-world testing framework established in Articles 60 and 61, focusing specifically on the supervisory role of market surveillance authorities over that testing activity.

It grants these authorities the competences and powers needed to ensure real-world testing is conducted in compliance with the regulation, including the ability to intervene when things go wrong.

The article also addresses the specific situation where testing takes place within an AI regulatory sandbox, outlining how oversight responsibilities interact with that parallel framework.

Important points:

Market surveillance authorities are empowered to suspend or terminate real-world testing, or require modifications to it, where a serious incident occurs or conditions under Articles 60 and 61 are not met.
Where testing occurs within an AI regulatory sandbox under Article 58, market surveillance authorities verify compliance with Article 60 and may allow testing to proceed under derogations from certain conditions in that article.
Where a market surveillance authority takes an intervention decision, it must state the grounds and how the provider or prospective provider can challenge it, and must also communicate those grounds to market surveillance authorities in other Member States where the AI system has been tested.

1. Market surveillance authorities shall have competences and powers to ensure that testing in real world conditions is in accordance with this Regulation.
1. Where testing in real world conditions is conducted for AI systems that are supervised within an AI regulatory sandbox under Article 58, the market surveillance authorities shall verify the compliance with Article 60 as part of their supervisory role for the AI regulatory sandbox. Those authorities may, as appropriate, allow the testing in real world conditions to be conducted by the provider or prospective provider, in derogation from the conditions set out in Article 60(4), points (f) and (g).
1. Where a market surveillance authority has been informed by the prospective provider, the provider or any third party of a serious incident or has other grounds for considering that the conditions set out in Articles 60 and 61 are not met, it may take either of the following decisions on its territory, as appropriate:
  1. to suspend or terminate the testing in real world conditions;
  2. to require the provider or prospective provider and the deployer or prospective deployer to modify any aspect of the testing in real world conditions.
1. Where a market surveillance authority has taken a decision referred to in paragraph 3 of this Article, or has issued an objection within the meaning of Article 60(4), point (b), the decision or the objection shall indicate the grounds therefor and how the provider or prospective provider can challenge the decision or objection.
1. Where applicable, where a market surveillance authority has taken a decision referred to in paragraph 3, it shall communicate the grounds therefor to the market surveillance authorities of other Member States in which the AI system has been tested in accordance with the testing plan.

Article 76 Supervision of testing in real world conditions by market surveillance authorities

Relevant recitals