{"meta":{"dataset_id":"praxikon:sys:registry:dataset:ai-act-implementation-graph","dataset_version":"2.2.0","schema_version":"1.5.0","lang":"en","effective_at":"2026-08-08T00:00:00.000Z","known_at":"2026-09-06T00:00:00.000Z","count":1,"filters":{"id":"praxikon:eu:ai-act:obligation:article-75-market-surveillance-assistance","type":"obligation","role":null,"duty_holder":null,"topic":null},"identifiers":{"canonical_namespace":"praxikon","canonical_form":"praxikon:<jurisdiction>:<regulation>:<type>:<slug>","legacy_namespace":"raip","legacy_resolution":"permanent","resolved":{"id":"praxikon:eu:ai-act:obligation:article-75-market-surveillance-assistance","role":null,"duty_holder":null}}},"data":[{"id":"praxikon:eu:ai-act:obligation:article-75-market-surveillance-assistance","legacy_id":"raip:obligation:article-75-market-surveillance-assistance","type":"obligation","slug":"article-75-market-surveillance-assistance","version":"1.0.0","effective_at":"2026-08-08T00:00:00.000Z","known_at":"2026-08-14T00:00:00.000Z","valid_until":null,"payload_hash_sha256":"9ae93e711b67b4eb9e0212da4542e3e5d0eb4495a90fe1b956b58472f4461925","label":"Article 75: market surveillance, mutual assistance and the powers of the AI Office","summary":"For a defined group of AI systems the AI Office is exclusively competent for supervision and enforcement instead of the national market surveillance authority. The Office can request information by simple request or by decision, open investigations, carry out remote and on-site inspections, make commitments binding, and impose both fines through Article 99 and periodic penalty payments. Four groups are carved out; there a national authority remains competent.","topics":["enforcement","governance","gpai"],"actor_ids":["praxikon:eu:ai-act:actor:deployer","praxikon:eu:ai-act:actor:provider"],"duty_holder_ids":["praxikon:eu:ai-act:actor:provider"],"affected_actor_ids":["praxikon:eu:ai-act:actor:deployer"],"oversight_actor_ids":["praxikon:eu:ai-act:actor:ai-office","praxikon:eu:ai-act:actor:market-surveillance-authority"],"evidence_owner_ids":["praxikon:eu:ai-act:actor:provider"],"duty_holder_uncertainty_status":null,"interpretation_status":"preliminary","interpretation_note":"Four things are unsettled here. First, what this provision asks of you: it addresses the AI Office and the market surveillance authorities and imposes no literal duty on the organisation in this object. We read a practical consequence into it, namely that you must know in advance which authority is competent and must be able to answer a demand or an inspection within the period set; that is our reading and not the text. The literal duties in Article 75 sit in the separate object article-75-ai-office-high-risk-duties. Second, the delineation in paragraph 1: whether the model and the system were developed by the same provider or within the same undertaking is a question of fact on which no guidance exists, and the four carve-outs put the case back with a national authority per system. Third, the language versions of the amending regulation diverge on the limitation period in Article 75c(8): the Dutch edition says three years, the English edition five years. We render per language what that edition says and pick no winner; until a corrigendum, plan on the longer period. Fourth, there is still no consolidated text of Article 75, so the amended heading, the replaced paragraph 1 and the inserted articles can only be read in the amending text. The cost of this status is real: a preliminary reading is skipped by lib/answer/derive-obligations.ts, so this object does not appear in the per-situation derivation. A defensible alternative reading is that this provision is purely a division of competence for you and that your preparation is governed entirely by Article 21, Article 26 and Article 73.","obligation_ids":[],"change_ids":[],"action_ids":["praxikon:eu:ai-act:action:establish-competent-supervisor"],"evidence_ids":["praxikon:eu:ai-act:evidence:supervisor-mapping-record"],"control_ids":["praxikon:eu:ai-act:control:ai-office-proceeding-response"],"template_ids":["praxikon:eu:ai-act:template:article-75-legal-text"],"conditions":[{"id":"article-75-scope","operator":"any","description":"Applies to AI systems based on a general-purpose AI model where the model and the system are developed by the same provider or by providers forming part of the same undertaking, and to AI systems that constitute or are integrated into a very large online platform or very large online search engine designated in accordance with Regulation (EU) 2022/2065. The exclusive competence applies to the providers of those systems, and to deployers only where they are also the provider or form part of the same undertaking as the provider."},{"id":"article-75-timing","operator":"all","description":"The allocation of competence itself operates from 2 August 2026, because Article 75 sits in Chapter IX. It covers the obligations that apply at that moment, such as the prohibition in Article 5, the transparency duties of Article 50 and the obligations for general-purpose AI models. The two literal duties the amending regulation places on the provider, the reporting route of paragraph 1a and the fees of paragraph 1e, attach to high-risk status and therefore follow 2 December 2027; they sit in the separate object article-75-ai-office-high-risk-duties."}],"exceptions":[{"id":"article-75-exception-carve-outs","operator":"not","description":"Paragraph 1, point (a) carves four groups out of the exclusive competence of the AI Office: AI systems related to products covered by the Union harmonisation legislation listed in Annex I, systems referred to in point 2 of Annex III, systems provided by law enforcement authorities, border management authorities and financial institutions insofar as they fall under Article 74(6), and systems referred to in point 8 of Annex III as regards the administration of justice. Who is competent instead differs per group and is not always \"the market surveillance authority\": for financial institutions Article 74(6) points to the national authority responsible for their financial supervision, and for law enforcement, border management and the administration of justice Article 74(8) has the Member State designate either the data protection supervisory authority or another authority under the same conditions. Which body that is per Member State does not follow from the Regulation."}],"statements":[{"kind":"official_fact","text":"Paragraph 2 provides that where the relevant market surveillance authorities have sufficient reason to consider general-purpose AI systems that can be used directly by deployers for at least one purpose that is classified as high-risk to be non-compliant with the requirements laid down in this Regulation, they shall cooperate with the AI Office to carry out compliance evaluations, and shall inform the Board and other market surveillance authorities accordingly. Paragraph 3 provides that where a market surveillance authority is unable to conclude its investigation of the high-risk AI system because of its inability to access certain information related to the general-purpose AI model despite having made all appropriate efforts to obtain that information, it may submit a reasoned request to the AI Office, by which access to that information shall be enforced. In that case the AI Office shall supply to the applicant authority without delay, and in any event within 30 days, any information that the AI Office considers to be relevant in order to establish whether a high-risk AI system is non-compliant. Market surveillance authorities shall safeguard the confidentiality of the information that they obtain in accordance with Article 78. The procedure provided for in Chapter VI of Regulation (EU) 2019/1020 shall apply mutatis mutandis.","citations":[{"source_id":"praxikon:eu:ai-act:source:reg-eu-2024-1689","source_locator":"Article 75(2)-(3)","source_url":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","eli":"http://data.europa.eu/eli/reg/2024/1689/oj"}],"review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"source_checked"}},{"kind":"official_fact","text":"Regulation (EU) 2026/1744 replaces the heading of Article 75 with \"Market surveillance and control of AI systems and mutual assistance\" and replaces paragraph 1: the AI Office shall be exclusively competent for the supervision and enforcement of the obligations under this Regulation in relation to, point (a), AI systems based on general-purpose AI models where the model and the system are developed by the same provider, or by providers forming part of the same undertaking as that provider, with the exception of (i) AI systems related to products covered by the Union harmonisation legislation listed in Annex I, (ii) AI systems referred to in point 2 of Annex III, (iii) AI systems provided by law enforcement authorities, border management authorities and financial institutions insofar as those systems fall under Article 74(6), and (iv) AI systems referred to in point 8 of Annex III as regards the administration of justice; and, point (b), AI systems that constitute or that are integrated into a very large online platform or very large online search engine designated in accordance with Regulation (EU) 2022/2065. The final subparagraph provides that the exclusive competence applies to the providers of those systems, and to the deployers of those systems only when they are also the provider or form part of the same undertaking as the provider.","citations":[{"source_id":"praxikon:eu:ai-act:source:reg-eu-2026-1744","source_locator":"Regulation (EU) 2026/1744, Article 1, point (31), Article 75(1)","source_url":"https://eur-lex.europa.eu/eli/reg/2026/1744/oj","eli":"http://data.europa.eu/eli/reg/2026/1744/oj"}],"review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"source_checked"}},{"kind":"official_fact","text":"The same regulation inserts paragraphs 1b to 1d and paragraph 2a. Paragraph 1b requires the authorities involved in the application of the Regulation to cooperate actively with the AI Office and to provide it the necessary assistance, including in connection with inspections or other enforcement measures carried out in the territory of a Member State. Paragraph 1c provides that the Office shall be assisted by the relevant market surveillance authority when investigatory or enforcement action involves access to a public authority data or AI system. Paragraph 1d provides that before taking a decision that would prohibit or restrict the system being made available or put into service on a national market, or a decision to withdraw or recall it from such market, the Office shall without undue delay notify the market surveillance authority competent for that market of its intention. Paragraph 2a allows a market surveillance authority with well-founded and sufficient reasons to suspect an infringement to request, through the single point of contact designated under Article 70(2), that the AI Office assess the matter; that request shall be duly reasoned and shall state at least the provider or deployer concerned, the relevant facts and the provisions allegedly infringed, and the requesting authority. The Office informs the point of contact without undue delay and in any event no later than four months after receipt whether it will exercise its powers, or why it will not.","citations":[{"source_id":"praxikon:eu:ai-act:source:reg-eu-2026-1744","source_locator":"Regulation (EU) 2026/1744, Article 1, point (31), Article 75(1b) to (1d) and (2a)","source_url":"https://eur-lex.europa.eu/eli/reg/2026/1744/oj","eli":"http://data.europa.eu/eli/reg/2026/1744/oj"}],"review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"source_checked"}},{"kind":"official_fact","text":"Article 75a gives the AI Office all the powers of a market surveillance authority provided for in this Section and in Article 14(4) and Article 16(3) of Regulation (EU) 2019/1020, and authorises it to fully reclaim from the relevant operator the totality of the costs of its supervision and enforcement activities with respect to instances of non-compliance. Paragraph 2 allows the Office, on reasonable grounds, to start an investigation, of which it notifies the operator, and provides that it may exercise its powers on its own initiative or following a complaint received pursuant to Article 85, even before starting an investigation. Paragraph 3 allows information requests by simple request or by decision; with a simple request the Office states that there is no obligation to reply but that a voluntary reply must be correct and not misleading, and in both cases it indicates the fines provided for in Article 99(5), and by decision also the right to review by the Court of Justice; a copy of the request goes to the national market surveillance authority. Paragraph 4 allows remote and on-site inspections in which officials may enter business premises, examine and copy books and data, ask for oral or written explanations and seal premises; where national law requires authorisation by a judicial authority, the Office applies for it and the national judicial authority verifies that the coercive measures envisaged are neither arbitrary nor excessive. Paragraph 6 allows the Office to order operators to provide access to and explanations relating to their AI systems and to impose on an operator an obligation to retain all data and documents deemed necessary to assess compliance. Paragraph 7 allows the appointment of independent external experts and auditors, and paragraph 8 provides that information collected shall be used only for the purpose of this Regulation.","citations":[{"source_id":"praxikon:eu:ai-act:source:reg-eu-2026-1744","source_locator":"Regulation (EU) 2026/1744, Article 1, point (32), Article 75a","source_url":"https://eur-lex.europa.eu/eli/reg/2026/1744/oj","eli":"http://data.europa.eu/eli/reg/2026/1744/oj"}],"review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"source_checked"}},{"kind":"official_fact","text":"Article 75b allows the Office to make commitments offered by the operator during proceedings under Article 75a(2) binding by decision and to declare that there are no further grounds for action; it may reopen the proceedings where there has been a material change in the facts, where the operator acts contrary to its commitments, or where the decision was based on incomplete, incorrect or misleading information, and it rejects inadequate commitments in a reasoned decision. Article 75c provides in paragraph 1 that the Office adopts a decision establishing non-compliance, in paragraph 2 that it first communicates its preliminary findings, and in paragraph 3 that the decision may order the operator to take the necessary measures within a reasonable period and that the operator shall provide the Office with a description of the measures it has taken. Paragraph 4 provides that such a decision may be accompanied by penalties in accordance with Article 99(3) to (7), which apply mutatis mutandis to the AI Office, and that in particular the following are subject to fines as referred to in Article 99(4): (a) infringement of any applicable provision of this Regulation, including those not listed in Article 99(4), (b) failure to comply with decisions or measures adopted pursuant to the powers listed in Article 14(4) or Article 16(3) of Regulation (EU) 2019/1020 as well as those specified in Article 75a, and (c) failure to comply with a commitment made binding pursuant to Article 75b; the supply of incorrect, incomplete or misleading information to the Office is subject to the fines of Article 99(5). Paragraph 5 allows periodic penalty payments to compel submission to an investigation, compliance with an information request ordered by decision, submission to an ordered inspection, the provision of correct or complete answers or explanations in the context of an ordered inspection, compliance with corrective actions, compliance with a binding commitment, or compliance with a decision under paragraph 1; those payments shall, where applicable, not exceed 5 % of the average daily income or worldwide annual turnover in the preceding financial year per day. Paragraph 8 sets a limitation period: the Dutch edition in the Official Journal says three years, the English edition says five years. Article 75d applies Article 18 of Regulation (EU) 2019/1020 mutatis mutandis in paragraph 1, safeguards the rights of defence and access to the file under negotiated disclosure in paragraph 2, and provides in paragraph 4 that the Office publishes its decisions under Articles 75b and 75c stating the names of the parties and the main content, including any penalties imposed.","citations":[{"source_id":"praxikon:eu:ai-act:source:reg-eu-2026-1744","source_locator":"Regulation (EU) 2026/1744, Article 1, point (32), Articles 75b, 75c and 75d","source_url":"https://eur-lex.europa.eu/eli/reg/2026/1744/oj","eli":"http://data.europa.eu/eli/reg/2026/1744/oj"}],"review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"source_checked"}},{"kind":"editorial_interpretation","text":"The practical question behind this provision is simple and rarely asked: who comes knocking. What is new is not that the AI Office appears, because the old paragraph 1 already gave it powers to monitor and supervise systems where the model and the system come from the same provider. What is new is that this competence becomes exclusive rather than shared, that it extends to providers within the same undertaking, that a second category is added in the form of designated very large online platforms and search engines, that four groups are carved out of it, and that Articles 75a to 75d give the Office a toolkit of its own. That toolkit is the point. An information request comes as a simple request or by decision; with a simple request you need not answer, but whoever answers voluntarily must answer correctly and not misleadingly, and with a decision the clock runs. An inspection extends to entering business premises, copying data and sealing cabinets and systems, with a real safeguard in front of it: where national law requires judicial authorisation, the Office applies for it and that judge verifies that the coercive measures are neither arbitrary nor excessive. Commitments are a genuine way out, but they become binding, the decision is published with the names of the parties, and the proceedings reopen if the facts change materially, if you act contrary to them, or if your information turns out to be incomplete or incorrect. Two things that are rarely seen. The trigger need not come from an authority: Article 75a(2) lets the Office exercise its powers following a complaint under Article 85, even before an investigation is running. And cost recovery is not unconditional: the Office may fully reclaim its supervision costs insofar as they relate to instances of non-compliance, so supervision costs you money when you are in the wrong and not merely because supervision happened. The line between the two regimes sits in paragraph 1 and it is not trivial; answer it once per system and record it, rather than working it out at the moment a demand arrives.","citations":[{"source_id":"praxikon:eu:ai-act:source:reg-eu-2026-1744","source_locator":"Regulation (EU) 2026/1744, Article 1, points (31) and (32)","source_url":"https://eur-lex.europa.eu/eli/reg/2026/1744/oj","eli":"http://data.europa.eu/eli/reg/2026/1744/oj"}],"review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"editorial"}},{"kind":"recommended_action","text":"Determine per AI system which authority is competent, record the outcome and the reasoning, and revisit that record whenever the model, the provider or the corporate structure changes. Designate someone who receives an information request, a notice of investigation or an announced inspection, and have that person first establish whether it is a simple request or a decision, because that determines whether there is a duty to reply and which period runs. Make sure technical documentation, logs and assessments can be produced in full and per version on request, and take into account that under Article 75a(6) the Office may order you to retain all data and documents it deems necessary; such an order overrides your own deletion routines. Do not count on harmless incompleteness: incorrect, incomplete or misleading information is a separate ground for a fine under Article 99(5), and a periodic penalty payment can also be imposed where you fail to give correct or complete answers during an ordered inspection.","citations":[{"source_id":"praxikon:eu:ai-act:source:reg-eu-2026-1744","source_locator":"Regulation (EU) 2026/1744, Article 1, point (32), Articles 75a and 75c","source_url":"https://eur-lex.europa.eu/eli/reg/2026/1744/oj","eli":"http://data.europa.eu/eli/reg/2026/1744/oj"}],"review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"editorial"}}],"legal_status":"applicable","deadline_at":"2026-08-02T00:00:00.000Z","timing_basis":null,"high_risk_regime_from":null,"links":[{"relation":"public_page","href":"https://www.praxikon.com/en/verplichtingen/article-75-market-surveillance-assistance","label":"Open the human explanation"},{"relation":"official_source","href":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","label":"Article 75 on EUR-Lex"},{"relation":"official_source","href":"https://eur-lex.europa.eu/eli/reg/2026/1744/oj","label":"Regulation (EU) 2026/1744 on EUR-Lex"},{"relation":"related","href":"/en/ai-act/artikel/85","label":"Article 85: the right to complain that can start a proceeding"},{"relation":"related","href":"/en/ai-act/artikel/99","label":"Article 99: the fine bands to which Article 75c refers"}],"review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"source_checked"},"source_review":{"level":"source_verified","last_checked_at":"2026-08-14T00:00:00.000Z","next_review_due_at":"2027-02-10T00:00:00.000Z","date_basis":"first_publication"}}],"included":{"sources":[{"id":"praxikon:eu:ai-act:source:reg-eu-2024-1689","title":{"nl":"EU AI-verordening 2024/1689","en":"EU Artificial Intelligence Act 2024/1689"},"publisher":{"nl":"Europees Parlement en Raad","en":"European Parliament and Council"},"canonical_url":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","eli":"http://data.europa.eu/eli/reg/2024/1689/oj","source_version":"original-oj-2024-07-12","verified_at":"2026-08-08T00:00:00.000Z","fingerprint_basis":"canonical_url|source_version|verified_at","source_record_hash_sha256":"bf0fca3e1fb47ce58924f6e736d572bb5db3812c3276c0b2891fbf328c42a5c6","review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"source_checked"},"legacy_id":"raip:source:reg-eu-2024-1689"},{"id":"praxikon:eu:ai-act:source:reg-eu-2026-1744","title":{"nl":"Digital Omnibus over AI 2026/1744","en":"Digital Omnibus on AI 2026/1744"},"publisher":{"nl":"Europees Parlement en Raad","en":"European Parliament and Council"},"canonical_url":"https://eur-lex.europa.eu/eli/reg/2026/1744/oj","eli":"http://data.europa.eu/eli/reg/2026/1744/oj","source_version":"official-journal-2026-07-24","verified_at":"2026-08-08T00:00:00.000Z","fingerprint_basis":"canonical_url|source_version|verified_at","source_record_hash_sha256":"17f108dc4eb93b8ff3abf091ab8a6a6e3095ae112229f27ca9a59ded886c7864","review":{"reviewed_at":"2026-08-08T00:00:00.000Z","reviewer":"Praxikon release validation","review_method":"source_link_and_rule_validation","legal_status":"source_checked"},"legacy_id":"raip:source:reg-eu-2026-1744"}]},"links":{"self":"https://www.praxikon.com/api/v1/obligations?id=praxikon%3Aeu%3Aai-act%3Aobligation%3Aarticle-75-market-surveillance-assistance&lang=en","alternate":"https://www.praxikon.com/api/v1/obligations?id=praxikon%3Aeu%3Aai-act%3Aobligation%3Aarticle-75-market-surveillance-assistance&lang=en&format=jsonld","licence":"https://www.praxikon.com/nl/legal/terms"}}