Art. 94 Procedural rights of economic operators of the general-purpose AI model | AI act regulation | AI act

This is a notably brief article that works as a bridging provision, extending the procedural rights framework from an existing piece of EU legislation — specifically Article 18 of Regulation (EU) 2019/1020, which covers the right to be heard and other procedural guarantees in market surveillance proceedings — to providers of general-purpose AI models.

It does so on a mutatis mutandis basis, meaning those provisions apply with the necessary adaptations to fit this context.

Crucially, the article preserves any more specific procedural rights that are set out elsewhere in this Regulation, ensuring those take precedence where they exist.

Important points:

Providers of general-purpose AI models are subject to the procedural rights framework established under Article 18 of Regulation (EU) 2019/1020.
This article is a cross-regulatory bridge, adapting existing market surveillance procedural rules to the general-purpose AI model context.
Where this Regulation provides more specific procedural rights, those rights override the imported provisions from Regulation (EU) 2019/1020.

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 94 Procedural rights of economic operators of the general-purpose AI model

Relevant recitals