Art. 93 Power to request measures | AI act regulation | AI act

This article sets out the corrective powers available to the Commission when dealing with providers of general-purpose AI models.

It flows directly from Article 92, which covers the evaluation process — Article 93 is essentially what happens next if that evaluation reveals problems.

The Commission can require providers to come into compliance, implement risk mitigation measures, or in the most serious cases, restrict, withdraw, or recall the model from the market entirely.

Notably, the process includes a structured dialogue step that the AI Office may initiate before any formal measure is requested, and where a provider voluntarily offers commitments during that dialogue, the Commission has the power to make those commitments legally binding and close the matter.

Important points:

The Commission has the power to require providers of general-purpose AI models to take compliance measures, implement mitigations, or withdraw their model from the market.
The AI Office may initiate a structured dialogue with a provider before any formal corrective measure is issued.
If a provider offers commitments to address a systemic risk during that dialogue, the Commission can make those commitments binding and declare no further action is needed.

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.

Article 93 Power to request measures

Relevant recitals