eu-2026-1744/art_001/pt_031/c
op insert_after · level paragraph · enacting-terms position (31) (c) · in force 2026-07-27
Context (enacting terms)
Article 75 is amended as follows:
The instruction (quoted official text)
the following paragraphs are inserted:
Quoted payload (official replacement/inserted text)
1a.By way of derogation from Article 73, providers of high-risk AI systems subject to the competence of the AI Office pursuant to paragraph 1 of this Article shall report any serious incidents to the AI Office. Article 73 (2) to (9), shall apply mutatis mutandis. The AI Office shall promptly transmit the relevant information to the market surveillance authority of the Member State in the territory of which the provider or its legal representative is situated.1b.The authorities involved in the application of this Regulation shall cooperate actively with the AI Office and provide the AI Office the necessary assistance for the exercise of its powers, including, where necessary, in connection with inspections or other enforcement measures carried out in the territory of a Member State. To that end, those authorities shall enjoy the powers provided for pursuant to this Regulation and Regulation (EU) 2019/1020, and where relevant and limited to what is necessary to fulfil their tasks under this paragraph, in accordance with the applicable national procedures.1c.When taking investigatory or enforcement action in the territory of a Member State that involves access to a public authority’s data or AI system, the AI Office shall be assisted by the relevant market surveillance authority.1d.Before taking a decision that would have the effect of prohibiting or restricting the AI system being made available or put into service on a national market, or a decision to withdraw or recall the AI system from such market, the AI Office shall, without undue delay, notify the market surveillance authority competent for that market of its intention to take such a decision. The AI Office shall consult the authorities involved in the application of this Regulation, where appropriate, on any matter relating to the application and enforcement of this Regulation.1e.The AI Office shall be responsible for conformity assessments and tests of AI systems referred to in paragraph 1 of this Article that are classified as high-risk and subject to a third-party conformity assessment pursuant to Article 43 before such AI systems are placed on the market or put into service. Those tests and assessments shall verify that the systems comply with the relevant requirements of this Regulation and may be placed on the market or put into service in the Union in accordance with this Regulation. The Commission shall entrust the performance of those tests or assessments to notified bodies designated in accordance with this Regulation, in which case the notified body shall act on behalf of the Commission. If a notified body to which the Commission has delegated tasks under this paragraph does not perform those tasks adequately, the Commission may withdraw the delegation with immediate effect.The fees for testing and assessment activities shall be levied on the provider of a high-risk AI system who has applied for a third-party conformity assessment to the Commission. The provider shall pay the costs related to the services entrusted by the Commission to the notified bodies in accordance with this Article directly to the notified body.;
Provenance
| link | value |
|---|---|
| payload xml sha256 | 19249390765fd41aeaffd3ea4d742b944e8e71a4ded9fb581da37d3b476fa616 |
| OJ Formex member | L_202601744EN.000101.fmx.xml |
| CELLAR / CELEX | 32026R1744 |
| target resolution | grammar over enacting terms; cross-checked against payload Formex IDENTIFIER attributes where present (parser-derived) |
Affected provisions
eu-2024-1689/art_075/par_001a inserted
BEFORE
(no previous text — inserted provision)
AFTER (composed current text)
1a. By way of derogation from Article 73, providers of high-risk AI systems subject to the competence of the AI Office pursuant to paragraph 1 of this Article shall report any serious incidents to the AI Office. Article 73 (2) to (9), shall apply mutatis mutandis. The AI Office shall promptly transmit the relevant information to the market surveillance authority of the Member State in the territory of which the provider or its legal representative is situated.
Check this and report · derivation.json
eu-2024-1689/art_075/par_001b inserted
BEFORE
(no previous text — inserted provision)
AFTER (composed current text)
1b. The authorities involved in the application of this Regulation shall cooperate actively with the AI Office and provide the AI Office the necessary assistance for the exercise of its powers, including, where necessary, in connection with inspections or other enforcement measures carried out in the territory of a Member State. To that end, those authorities shall enjoy the powers provided for pursuant to this Regulation and Regulation (EU) 2019/1020, and where relevant and limited to what is necessary to fulfil their tasks under this paragraph, in accordance with the applicable national procedures.
Check this and report · derivation.json
eu-2024-1689/art_075/par_001c inserted
BEFORE
(no previous text — inserted provision)
AFTER (composed current text)
1c. When taking investigatory or enforcement action in the territory of a Member State that involves access to a public authority’s data or AI system, the AI Office shall be assisted by the relevant market surveillance authority.
Check this and report · derivation.json
eu-2024-1689/art_075/par_001d inserted
BEFORE
(no previous text — inserted provision)
AFTER (composed current text)
1d. Before taking a decision that would have the effect of prohibiting or restricting the AI system being made available or put into service on a national market, or a decision to withdraw or recall the AI system from such market, the AI Office shall, without undue delay, notify the market surveillance authority competent for that market of its intention to take such a decision. The AI Office shall consult the authorities involved in the application of this Regulation, where appropriate, on any matter relating to the application and enforcement of this Regulation.
Check this and report · derivation.json
eu-2024-1689/art_075/par_001e inserted
BEFORE
(no previous text — inserted provision)
AFTER (composed current text)
1e. The AI Office shall be responsible for conformity assessments and tests of AI systems referred to in paragraph 1 of this Article that are classified as high-risk and subject to a third-party conformity assessment pursuant to Article 43 before such AI systems are placed on the market or put into service. Those tests and assessments shall verify that the systems comply with the relevant requirements of this Regulation and may be placed on the market or put into service in the Union in accordance with this Regulation. The Commission shall entrust the performance of those tests or assessments to notified bodies designated in accordance with this Regulation, in which case the notified body shall act on behalf of the Commission. If a notified body to which the Commission has delegated tasks under this paragraph does not perform those tasks adequately, the Commission may withdraw the delegation with immediate effect. The fees for testing and assessment activities shall be levied on the provider of a high-risk AI system who has applied for a third-party conformity assessment to the Commission. The provider shall pay the costs related to the services entrusted by the Commission to the notified bodies in accordance with this Article directly to the notified body.
Check this and report · derivation.json
How to check: compare the quoted instruction and payload above (hash-anchored to the OJ Formex bytes) against the BEFORE/AFTER panes. Two minutes, one provision. Then file the result — "checks out" is worth recording too.