Direct answer
What obligations does the provider of an AI system have under Article 75 of the AI Act?
Your question is about Article 75: market surveillance, mutual assistance and the powers of the AI Office. That obligation applies today. Whether your system actually falls under it depends on conditions you assess yourself.
You determine this yourself
- 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.
- 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.
- 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.
First step: Establish per system who your supervisor is.
Article 75 of the AI Act covers market surveillance, mutual assistance and the powers of the AI Office. 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. The duty sits with the provider of an AI system. This obligation has applied since 2 August 2026.
This applies now
Your first actions
- Establish per system who your supervisor is. Assess per AI system whether it falls under the exclusive competence of the AI Office or under a national authority, record the outcome with its reasoning, and determine which carve-out in paragraph 1 applies if any and which counter follows from it.
Record this
- Record of the competent supervisor per system
General interpretation, not legal advice. Checked against Regulation (EU) 2024/1689 and the Digital Omnibus (EU) 2026/1744; the official source remains authoritative.
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