Art. 88 Enforcement of the obligations of providers of general-purpose AI models | AI act regulation | AI act

This article establishes a clear jurisdictional boundary: the Commission holds exclusive powers to supervise and enforce Chapter V, which covers general-purpose AI models.

The Commission delegates the practical implementation of this to the AI Office.

It also provides a mechanism by which national market surveillance authorities can call upon the Commission to exercise its enforcement powers where needed to support their own tasks under the Regulation.

Important points:

The Commission, acting through the AI Office, has exclusive supervisory and enforcement powers over Chapter V (general-purpose AI models).
Market surveillance authorities may request the Commission to exercise its powers under this Section where necessary and proportionate to assist their own enforcement tasks.
Procedural guarantees under Article 94 apply to the Commission's exercise of these exclusive powers.

To make best use of the centralised Union expertise and synergies at Union level, the powers of supervision and enforcement of the obligations on providers of general-purpose AI models should be a competence of the Commission. The AI Office should be able to carry out all necessary actions to monitor the effective implementation of this Regulation as regards general-purpose AI models. It should be able to investigate possible infringements of the rules on providers of general-purpose AI models both on its own initiative, following the results of its monitoring activities, or upon request from market surveillance authorities in line with the conditions set out in this Regulation. To support effective monitoring of the AI Office, it should provide for the possibility that downstream providers lodge complaints about possible infringements of the rules on providers of general-purpose AI models and systems.

Article 88 Enforcement of the obligations of providers of general-purpose AI models

Relevant recitals