What obligations does the provider of an AI system have under Article 75(1a) and (1e) of the AI Act?

Question

Article 75(1a) and (1e) of the AI Act covers reporting to and assessment by the AI Office. If you are the provider of a high-risk AI system subject to the competence of the AI Office, you report serious incidents to the Office rather than to your national authority, with the machinery and the deadlines of Article 73(2) to (9) applying in full, and the Office still transmits the information to your national market surveillance authority. Where that system is subject to a third-party conformity assessment under Article 43, the Office is responsible for it, the notified body acts on behalf of the Commission, and you pay the costs directly to that body. The duty sits with the provider of an AI system. This obligation starts to apply on 2 December 2027.

Accepted Answer

Your question is about Article 75(1a) and (1e): reporting to and assessment by the AI Office. That obligation applies from 2 December 2027. Whether your system actually falls under it depends on conditions you assess yourself. Article 75(1a) and (1e) of the AI Act covers reporting to and assessment by the AI Office. If you are the provider of a high-risk AI system subject to the competence of the AI Office, you report serious incidents to the Office rather than to your national authority, with the machinery and the deadlines of Article 73(2) to (9) applying in full, and the Office still transmits the information to your national market surveillance authority. Where that system is subject to a third-party conformity assessment under Article 43, the Office is responsible for it, the notified body acts on behalf of the Commission, and you pay the costs directly to that body. The duty sits with the provider of an AI system. This obligation starts to apply on 2 December 2027. Still to determine: Applies to providers of AI systems that fall under the competence of the AI Office pursuant to Article 75(1) and that are classified as high-risk. The replaced paragraph 1 carries two independent routes, and the four carve-outs at (i) to (iv) sit inside point (a) alone. Along point (a) Annex I systems fall outside the competence, as do point 2 of Annex III and point 8 as regards the administration of justice; point 8(b), on influencing elections and referenda, is not carved out. Point (b) is a route of its own: a system that constitutes, or is integrated into, a designated very large online platform or very large online search engine falls under the competence of the AI Office even where one of the carve-outs in point (a) applies. Anyone testing point (a) alone places such a system outside this obligation wrongly. Those duties start to apply when Chapter III, Sections 1 to 3, becomes applicable, and that date depends on the route: 2 December 2027 for the route of Article 6(2) and Annex III, and 2 August 2028 for the route of Article 6(1) and Annex I, which point (b) can bring into view. The deadline_at field carries the earlier of the two. First step: Route reporting and conformity assessment to the AI Office. Relevant provisions: Article 75(1a) and (1e): reporting to and assessment by the AI Office. First actions: Route reporting and conformity assessment to the AI Office. Adjust your incident procedure so that a serious incident concerning a high-risk system under the competence of the AI Office reaches the Office, with the Article 73 deadlines intact, and establish whether your third-party conformity assessment now runs through the Commission, including the fees you pay directly to the notified body. To record: File of reports and assessments with the AI Office.

What obligations does the provider of an AI system have under Article 75(1a) and (1e) of the AI Act?

This applies now

Coming up

Your first actions

Record this

Source and locator

Embed this obligation in policy, process and ownership

Zahed Ashkara