Scientific panel of independent experts

Principles for the selection of a diverse group means a group as defined in Article 2, point (11), of Directive 2013/34/EU; of experts should be laid down. The Commission should ensure to the extent possible gender balance and a fair geographical representation in the selection of experts. To achieve a fair geographical representation, at least one national from each Member State of the Union and from each member of the European Free Trade Association which is a member of the European Economic Area should be appointed, provided that there is an applicant from those countries that satisfies the criteria of the call. In any event, there should be no more than three experts from each of those countries. Recognizing the importance of introducing diverse perspectives to the scientific panel, nationals of third countries should be able to be appointed as experts. However, at least four-fifths of the experts of the scientific panel should be nationals from the Member States of the Union or from a member of the European Free Trade Association which is a member of the European Economic Area.

In order to ensure the efficient functioning of the scientific panel, the AI Office and the Joint Research Centre of the European Commission should jointly provide its Secretariat.

The organisation of the scientific panel should ensure flexibility so that specialised knowledge can be deployed based on requisite needs. For this purpose, the Chair and Secretariat should appoint a rapporteur and relevant contributors for individual tasks of the scientific panel, taking into account, inter alia, expertise, including sectoral expertise, availability, possible conflicts of interest and security concerns.

Given the contribution of the scientific panel to achieve the objectives of Union policies, by supporting enforcement activities under Regulation (EU) 2024/1689, experts should receive adequate remuneration for carrying out tasks of the scientific panel upon request of the AI Office. That remuneration should be determined in accordance with the provisions in force at the Commission, notably with Article 237 of Regulation (EU) 2018/1046 of the European Parliament and of the Council(²)Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1046/oj)..

To avoid conflicts of interest in the performance of their tasks, experts of the scientific panel should be independent from any provider of AI systems or general-purpose AI models and should act independently, impartially and objectively. To ensure trust in the work of the scientific panel, experts should draw up declarations of interest and commitment to act in the public interest, which should be made publicly available. For the same purpose, the tasks of the scientific panel should be carried out in a transparent manner and its membership should be made publicly available.

To allow the reinforcement of national capacities necessary for the effective enforcement of Regulation (EU) 2024/1689, Member States’ market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; should be able to call upon support from the scientific panel for their enforcement activities under that Regulation. The AI Office should provide for the practical means to allow Member States to request such support. Requests should be necessary and proportionate and processed by the AI Office in a timely manner.

To ensure that the scientific panel can effectively issue qualified alerts to the AI Office pursuant to Article 90 of Regulation (EU) 2024/1689, the conditions, procedures and detailed arrangements for the issuance of such qualified alerts should be set out. The AI Office should provide a secure interface through which the scientific panel can transmit qualified alerts and the evidence supporting such alerts. Given the relevance and possible implications of a qualified alert for a provider of a general-purpose AI model, such an alert should require a decision by at least a simple majority of the members of the scientific panel.

To empower the scientific panel to effectively perform its tasks set out in Article 68(3) of Regulation (EU) 2024/1689, the conditions, procedures and detailed arrangements for the scientific panel and its members to request the assistance of the AI Office for the performance of its tasks should be set out. Notably, it should be provided how the scientific panel can request that the Commission issues a request for information to a provider of a general-purpose AI model pursuant to Article 91(3) of Regulation (EU) 2024/1689.

Such request should be made by a member of the scientific panel who is appointed as rapporteur for a task of the scientific panel, supported by at least a third of the members of the scientific panel. The request should duly substantiate why a request for information and access to the requested information is necessary for the performance of the tasks of the scientific panel. The AI Office should assess the necessity and proportionality of the request, taking into account the need to protect trade secrets and confidential business information. When the AI Office decides to honour the request, it should prepare a request for information from a provider, to be issued by the Commission, and make the information received available to the relevant members of the scientific panel. The AI Office should put in place secure technical means, which should be fit for purpose and operate to an appropriately high standard means a standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (^29^); Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)., to give access to such information, which should be restricted to the requesting members of the scientific panel, who should be the appointed rapporteur, and the contributors for a task of the scientific panel. The requesting members should, before receiving the data, submit a self-declaration stating that they only intend to use the requested information for the stated purpose and describing the modalities and safeguards to ensure confidential data handling. The AI Office should be able to refuse a request if, based on the information submitted by a member of the scientific panel, it has grounds to assume that there are reasonably foreseeable risks means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; related to data security or confidentiality.

The measures provided for in this Regulation are in accordance with the opinion of the Artificial Intelligence Committee,