Source: OJ L, 2024/1689, 12.7.2024

Article 89 Monitoring actions

Summary What does Article 89 of the AI act regulation say?

This article sits within the section of the regulation that grants the AI Office its enforcement powers over general-purpose AI model providers, and it covers two distinct but related mechanisms.

First, it establishes the AI Office's broad monitoring and compliance powers over general-purpose AI model providers, including the ability to assess adherence to approved codes of practice.

Second, it creates a formal complaints channel specifically for downstream providers — those who build AI systems on top of general-purpose AI models — allowing them to report suspected infringements of the regulation directly to the AI Office.

Important points:

The AI Office has the power to monitor and enforce compliance by general-purpose AI model providers, including their adherence to approved codes of practice.
Downstream providers have the right to lodge a complaint against a general-purpose AI model provider for alleged infringement of this Regulation.
A complaint must be substantiated, identifying the provider's contact details, the relevant facts and provisions breached, and any other information the downstream provider considers relevant.

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

1. For the purpose of carrying out the tasks assigned to it under this Section, the AI Office may take the necessary actions to monitor the effective implementation and compliance with this Regulation by providers of general-purpose AI models, including their adherence to approved codes of practice.
1. Downstream providers shall have the right to lodge a complaint alleging an infringement of this Regulation. A complaint shall be duly reasoned and indicate at least:
  1. the point of contact of the provider of the general-purpose AI model concerned;
  2. a description of the relevant facts, the provisions of this Regulation concerned, and the reason why the downstream provider considers that the provider of the general-purpose AI model concerned infringed this Regulation;
  3. any other information that the downstream provider that sent the request considers relevant, including, where appropriate, information gathered on its own initiative.

Relevant recitals

Recital 162 AI Office to supervise and enforce general-purpose AI models

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.

Recital 164 Powers of the AI Office

The AI Office should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations for providers of general-purpose AI models laid down in this Regulation. The AI Office should be able to investigate possible infringements in accordance with the powers provided for in this Regulation, including by requesting documentation and information, by conducting evaluations, as well as by requesting measures from providers of general-purpose AI models. When conducting evaluations, in order to make use of independent expertise, the AI Office should be able to involve independent experts to carry out the evaluations on its behalf. Compliance with the obligations should be enforceable, inter alia, through requests to take appropriate measures, including risk mitigation measures in the case of identified systemic risks as well as restricting the making available on the market, withdrawing or recalling the model. As a safeguard, where needed beyond the procedural rights provided for in this Regulation, providers of general-purpose AI models should have the procedural rights provided for in Article 18 of Regulation (EU) 2019/1020, which should apply mutatis mutandis, without prejudice to more specific procedural rights provided for by this Regulation.

Table of contents

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