Source: OJ L, 2024/1689, 12.7.2024

Article 90 Alerts of systemic risks by the scientific panel

Summary What does Article 90 of the AI Act say?

This article establishes the mechanism by which the scientific panel can formally flag concerns about general-purpose AI models to the AI Office.

It sits within the broader enforcement section dealing with general-purpose AI models and connects directly to Article 51, which sets out the conditions for classifying a model as presenting systemic risk.

In essence, the scientific panel acts as an early warning mechanism, and a qualified alert from it can trigger the Commission's investigative and enforcement powers laid out in the surrounding articles (Articles 91 to 94).

Important points:

The scientific panel is empowered to issue a qualified alert to the AI Office where it suspects a general-purpose AI model poses a concrete identifiable risk at Union level or meets the systemic risk classification conditions of Article 51.
Upon receiving a qualified alert, the Commission may exercise its enforcement powers under this Section to assess the matter, and the AI Office must keep the Board informed of any resulting measures.
A qualified alert must be duly reasoned and include at minimum the provider's contact details, a description of the relevant facts and reasons for the alert, and any other information the scientific panel considers relevant.

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

1. The scientific panel may provide a qualified alert to the AI Office where it has reason to suspect that:
  1. a general-purpose AI model poses concrete identifiable risk at Union level; or
  2. a general-purpose AI model meets the conditions referred to in Article 51.
1. Upon such qualified alert, the Commission, through the AI Office and after having informed the Board, may exercise the powers laid down in this Section for the purpose of assessing the matter. The AI Office shall inform the Board of any measure according to Articles 91 to 94.
1. A qualified alert shall be duly reasoned and indicate at least:
  1. the point of contact of the provider of the general-purpose AI model with systemic risk concerned;
  2. a description of the relevant facts and the reasons for the alert by the scientific panel;
  3. any other information that the scientific panel considers to be relevant, including, where appropriate, information gathered on its own initiative.

Relevant recitals

Recital 163 Scientific panel to support AI Office with monitoring

With a view to complementing the governance systems for general-purpose AI models, the scientific panel should support the monitoring activities of the AI Office and may, in certain cases, provide qualified alerts to the AI Office which trigger follow-ups, such as investigations. This should be the case where the scientific panel has reason to suspect that a general-purpose AI model poses a concrete and identifiable risk at Union level. Furthermore, this should be the case where the scientific panel has reason to suspect that a general-purpose AI model meets the criteria that would lead to a classification as general-purpose AI model with systemic risk. To equip the scientific panel with the information necessary for the performance of those tasks, there should be a mechanism whereby the scientific panel can request the Commission to require documentation or information from a provider.

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.

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