Art. 92 Power to conduct evaluations | AI act regulation | AI act

This article grants the AI Office the power to conduct formal evaluations of general-purpose AI models, and it sits within a broader enforcement sequence that also includes information requests under Article 91 and corrective measures under Article 93.

Evaluations can be triggered either when information gathered through prior requests is insufficient to assess a provider's compliance, or to investigate systemic risks at Union level, particularly following a qualified alert from the scientific panel.

The article also sets out the practicalities of how such evaluations work: the AI Office may appoint independent experts, may request access to the model itself including through APIs and source code, and must first attempt a structured dialogue with the provider before formally requesting that access.

Providers are obligated to supply the access requested, and fines under Article 101 apply for failure to do so.

Important points:

The AI Office is empowered to conduct evaluations of general-purpose AI models, either to assess provider compliance or to investigate systemic risks at Union level.
Providers of general-purpose AI models must supply access to their models, including via APIs and source code, when formally requested by the AI Office.
The AI Office must initiate a structured dialogue with the provider before requesting access to the model.

1. The AI Office, after consulting the Board, may conduct evaluations of the general-purpose AI model concerned:
  1. to assess compliance of the provider with obligations under this Regulation, where the information gathered pursuant to Article 91 is insufficient; or
  2. to investigate systemic risks at Union level of general-purpose AI models with systemic risk, in particular following a qualified alert from the scientific panel in accordance with Article 90(1), point (a).
1. The Commission may decide to appoint independent experts to carry out evaluations on its behalf, including from the scientific panel established pursuant to Article 68. Independent experts appointed for this task shall meet the criteria outlined in Article 68(2).
1. For the purposes of paragraph 1, the Commission may request access to the general-purpose AI model concerned through APIs or further appropriate technical means and tools, including source code.
1. The request for access shall state the legal basis, the purpose and reasons of the request and set the period within which the access is to be provided, and the fines provided for in Article 101 for failure to provide access.
1. The providers of the general-purpose AI model concerned or its representative shall supply the information requested. In the case of legal persons, companies or firms, or where the provider has no legal personality, the persons authorised to represent them by law or by their statutes, shall provide the access requested on behalf of the provider of the general-purpose AI model concerned.
1. The Commission shall adopt implementing acts setting out the detailed arrangements and the conditions for the evaluations, including the detailed arrangements for involving independent experts, and the procedure for the selection thereof. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 98(2).
1. Prior to requesting access to the general-purpose AI model concerned, the AI Office may initiate a structured dialogue with the provider of the general-purpose AI model to gather more information on the internal testing of the model, internal safeguards for preventing systemic risks, and other internal procedures and measures the provider has taken to mitigate such risks.

Article 92 Power to conduct evaluations

Relevant recitals