Article 92: Power to Conduct Evaluations
Article 92
Power to Conduct Evaluations
Updated on 31 July 2024 based on the version published in the Official Journal of the EU dated 12 July 2024 and entered into force on 1 August 2024.
1. The AI Office, after consulting the Board, may conduct evaluations of the general-purpose AI model concerned:
- to assess compliance of the provider with obligations under this Regulation, where the information gathered pursuant to Article 91 is insufficient; or,
- 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).
2. 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).
3. 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.
4. 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.
5. 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.
6. 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).
7. 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.
Table of Contents
Chapter III: High-Risk AI Systems
- Section 1: Classification of AI Systems as High-Risk
- Section 2: Requirements for High-Risk AI Systems
- Article 8: Compliance with the Requirements
- Article 9: Risk Management System
- Article 10: Data and Data Governance
- Article 11: Technical Documentation
- Article 12: Record-Keeping
- Article 13: Transparency and Provision of Information to Deployers
- Article 14: Human Oversight
- Article 15: Accuracy, Robustness and Cybersecurity
- Section 3: Obligations of Providers and Deployers of High-Risk AI Systems and Other Parties
- Article 16: Obligations of Providers of High-Risk AI Systems
- Article 17: Quality Management System
- Article 18: Documentation Keeping
- Article 19: Automatically Generated Logs
- Article 20: Corrective Actions and Duty of Information
- Article 21: Cooperation with Competent Authorities
- Article 22: Authorised Representatives of Providers of High-Risk AI Systems
- Article 23: Obligations of Importers
- Article 23a
- Article 24: Obligations of Distributors
- Article 25: Responsibilities along the AI Value Chain
- Article 26: Obligations of Deployers of High-Risk AI Systems
- Article 27: Fundamental Rights Impact Assessment for High-Risk AI Systems
- Section 4: Notifying Authorities and Notified Bodies
- Article 28: Notifying Authorities
- Article 29: Application of a Conformity Assessment Body for Notification
- Article 30: Notification Procedure
- Article 31: Requirements Relating to Notified Bodies
- Article 32: Presumption of Conformity with Requirements Relating to Notified Bodies
- Article 33: Subsidiaries of Notified Bodies and Subcontracting
- Article 34: Operational Obligations of Notified Bodies
- Article 35: Identification Numbers and Lists of Notified Bodies
- Article 36: Changes to Notifications
- Article 37: Challenge to the Competence of Notified Bodies
- Article 38: Coordination of Notified Bodies
- Article 39: Conformity Assessment Bodies of Third Countries
- Section 5: Standards, Conformity Assessment, Certification, Registration
- Article 40: Harmonised Standards and Standardisation Deliverables
- Article 41: Common Specifications
- Article 42: Presumption of Conformity with Certain Requirements
- Article 43: Conformity Assessment
- Article 44: Certificates
- Article 45: Information Obligations of Notified Bodies
- Article 46: Derogation from Conformity Assessment Procedure
- Article 47: EU Declaration of Conformity
- Article 48: CE Marking
- Article 49: Registration
Chapter V: General-Purpose AI Models
Chapter VI: Measures in Support of Innovation
- Article 57: AI Regulatory Sandboxes
- Article 58: Detailed Arrangements for, and Functioning of, AI Regulatory Sandboxes
- Article 59: Further Processing of Personal Data for Developing Certain AI Systems in the Public Interest in the AI Regulatory Sandbox
- Article 60: Testing of High-Risk AI Systems in Real World Conditions Outside AI Regulatory Sandboxes
- Article 61: Informed Consent to Participate in Testing in Real World Conditions Outside AI Regulatory Sandboxes
- Article 62: Measures for Providers and Deployers, in Particular SMEs, including Start-Ups
- Article 63: Derogations for Specific Operators
Chapter VII: Governance
Chapter IX: Post-Market Monitoring, Information Sharing and Market Surveillance
- Section 1: Post-Market Monitoring
- Section 2: Sharing of Information on Serious Incidents
- Section 3: Enforcement
- Article 74: Market Surveillance and Control of AI Systems in the Union Market
- Article 75: Mutual Assistance, Market Surveillance and Control of General-Purpose AI Systems
- Article 76: Supervision of Testing in Real World Conditions by Market Surveillance Authorities
- Article 77: Powers of Authorities Protecting Fundamental Rights
- Article 78: Confidentiality
- Article 80: Procedure for Dealing with AI Systems Classified by the Provider as Non-High-Risk in Application of Annex III
- Article 81: Union Safeguard Procedure
- Article 82: Compliant AI Systems which Present a Risk
- Article 82a
- Article 83: Formal Non-Compliance
- Article 84: Union AI Testing Support Structures
- Article 79: Procedure at National Level for Dealing with AI Systems Presenting a Risk
- Section 4: Remedies
- Section 5: Supervision, Investigation, Enforcement and Monitoring in Respect of Providers of General-Purpose AI Models
- Article 88: Enforcement of the Obligations of Providers of General-Purpose AI Models
- Article 89: Monitoring Actions
- Article 90: Alerts of Systemic Risks by the Scientific Panel
- Article 91: Power to Request Documentation and Information
- Article 92: Power to Conduct Evaluations
- Article 93: Power to Request Measures
- Article 94: Procedural Rights of Economic Operators of the General-Purpose AI Model
Chapter XIII: Final Provisions
- Article 102: Amendment to Regulation (EC) No 300/2008
- Article 103: Amendment to Regulation (EU) No 167/2013
- Article 104: Amendment to Regulation (EU) No 168/2013
- Article 105: Amendment to Directive 2014/90/EU
- Article 106: Amendment to Directive (EU) 2016/797
- Article 107: Amendment to Regulation (EU) 2018/858
- Article 108: Amendment to Regulation (EU) 2018/1139
- Article 109: Amendment to Regulation (EU) 2019/2144
- Article 110: Amendment to Directive (EU) 2020/1828
- Article 111: AI Systems Already Placed on the Market or Put into Service and General-Purpose AI Models Already Placed on the Marked
- Article 112: Evaluation and Review
- Article 113: Entry into Force and Application