Who will be responsible for enforcing EU AI Act?

Gist 1

Each Member State shall designate one national supervisory authority, which shall be organised so as to safeguard the objectivity and impartiality of its activities and tasks… The national supervisory authority shall ensure the application and implementation of this Regulation. Article 59

As per Article 59, it is evident that each EU member state will designate a national supervisory authority, which will be responsible for ensuring the application and implementation of the AI Act within their respective territories. The independence of these authorities is highlighted as they will be set up to safeguard the objectivity and impartiality of their activities and tasks.

Regulation (EU) 2019/1020 shall apply to AI systems and foundation models covered by this Regulation. However, for the purpose of the effective enforcement of this Regulation…the national supervisory authorities shall act as market surveillance authorities under this Regulation and have the same powers and obligations as market surveillance authorities under Regulation (EU) 2019/1020. Article 63

In conjunction with this, Article 63 dictates that these national supervisory authorities will also function as market surveillance authorities under the AI Act. They will possess the same powers and obligations as set out in the (EU) 2019/1020 Regulation.

In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, applicable to infringements of this Regulation by any operator, and shall take all measures necessary to ensure that they are properly and effectively implemented and aligned with the guidelines issued by the Commission and the AI Office pursuant to Article 82b. Article 71

Additional responsibility for Member States is outlined in Article 71. It emphasizes that Member States will establish rules for penalties payable for violations of the AI Act. The Member States are also required to ensure that these rules are implemented effectively and in agreement with guidelines issued by the Commission and the AI Office.

The European Data Protection Supervisor may impose administrative fines on Union institutions, agencies and bodies falling within the scope of this Regulation. Article 72

The European Data Protection Supervisor also has a role in enforcement, as per Article 72. This authority is empowered to levy administrative fines on institutions and agencies that violate the Regulation.

The Commission and Member States may exchange, where strictly necessary and in accordance with relevant provisions of international and trade agreements, confidential information with regulatory authorities of third countries with which they have concluded bilateral or multilateral confidentiality arrangements guaranteeing an adequate level of confidentiality. Article 70

Article 70 suggests a potential for international enforcement of the AI Act through the exchange of relevant confidential information between the Commission, Member States, and regulatory authorities of third countries. The caveat here is that this is subject to the existence of certain confidentiality agreements.

Each Member State should designate a national supervisory authority for the purpose of supervising the application and implementation of this Regulation. (Recital 77)

Recital 77 further stresses on the significant role national supervisory authorities will play in observing the enforcement of the AI Act at a national level.

It should also represent its Member State at the management board of the AI Office. (Recital 77)

The recital also outlines a more extensive role in the enforcement process for these national supervisory authorities. They will represent their Member States at the board of the AI Office, thus participating in the decision-making process at a European level.

Each national supervisory authority should act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. (Recital 77)

Lastly, the Recital reiterates the self-governing nature of these national supervisory authorities. They are intended to perform their roles and exercise their enforcement powers under the AI Act without intervention from other entities — once again highlighting the significance of impartiality and objectivity in the process.

In conclusion, the enforcement of the EU AI Act is a cooperative responsibility of the national supervisory authorities of the Member States, the European Data Protection Supervisor, and potentially other global regulatory authorities (subject to specific agreements). Furthermore, Member States have the authority to establish rules on penalties for infringements of the AI Act by operators within their regions, guided by recommendations from the Commission and the AI Office.

Gist 2

Each Member State shall designate one national supervisory authority, which shall be organised so as to safeguard the objectivity and impartiality of its activities and tasks. The national supervisory authority shall ensure the application and implementation of this Regulation. (Article 59)

Each EU Member State is required to designate a national supervisory authority which will be responsible for overseeing the implementation and enforcement of the AI Act. The designated authority is expected to be impartial, objective, and will also act as a market surveillance authority, commensurate with the Act.

The national supervisory authorities shall act as market surveillance authorities under this Regulation and have the same powers and obligations as market surveillance authorities under Regulation (EU) 2019/1020. (Article 63)

This indicates that the designated national supervisory authorities will maintain vigilance over the market operations involving artificial intelligence and will have the same powers and obligations as their counterparts under the Regulation (EU) 2019/1020.

The European Data Protection Supervisor may impose administrative fines on Union institutions, agencies and bodies falling within the scope of this Regulation. (Article 72)

Enforcement responsibility also lies with the European Data Protection Supervisor who has the power to impose administrative fines on Union institutions, agencies, and bodies that fall within the scope of the AI Act.

Member States shall lay down the rules on penalties, applicable to infringements of this Regulation by any operator, and shall take all measures necessary to ensure that they are properly and effectively implemented and aligned with the guidelines issued by the Commission and the AI Office pursuant to Article 82b. (Article 71)

Individual Member States have the responsibility to establish rules on penalties for non-compliance with the AI Act; these measures should be enforced to ensure effectiveness. The established guidelines must align with those issued by the Commission and the AI Office.

When Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as the competent authority for their supervision and coordination. (Article 59)

When Union institutions, agencies and bodies are engaged in AI related activities that fall under the scope of the AI Act, the European Data Protection Supervisor will supervise and coordinate their operations.

In conclusion, enforcement of the EU AI Act will primarily be the responsibility of the national supervisory authorities designated by each Member State, the European Data Protection Supervisor, and the Member States themselves implementing appropriate penalties for infringements.

Gist 3

Each Member State shall designate one national supervisory authority, which shall be organised so as to safeguard the objectivity and impartiality of its activities and tasks. The national supervisory authority shall ensure the application and implementation of this Regulation. (Article 59)

Each EU member state is obliged to appoint one national supervisory authority. This authority is tasked with ensuring the execution and application of the AI Act. The composition and operation of this national supervisory authority should be impartial and objective.

The national supervisory authorities shall act as market surveillance authorities under this Regulation and have the same powers and obligations as market surveillance authorities under Regulation. (Article 63)

The previously mentioned national supervisory authorities will act as market surveillance authorities, equating them with the authorities under the Regulation (EU) 2019/1020. This means that these authorities will monitor the AI market for any infringements of the EU AI Act.

Providers and, where deployers have identified a serious incident, deployers of high-risk AI systems placed on the Union market shall report any serious incident of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the national supervisory authority of the Member States where that incident or breach occurred. (Article 62)

If there is a serious incident involving high-risk AI systems, providers and deployers are obligated to report it to the national supervisory authorities of the member states where the incident occurred. This further underlines the role of national supervisory authorities in enforcing the EU AI Act.

The Commission shall, in collaboration with the Member States, set up and maintain a public EU database containing information concerning high-risk AI systems referred to in Article 6 (2) which are registered in accordance with Article 51. (Article 60)

The European Commission will collaborate with member states to maintain a public EU database with pivotal information regarding high-risk AI systems. This central database creates a way to monitor and keep track of such systems across the EU.

Member States shall lay down the rules on penalties, applicable to infringements of this Regulation by any operator, and shall take all measures necessary to ensure that they are properly and effectively implemented and aligned with the guidelines issued by the Commission and the AI Office. (Article 71)

Each member state must set the rules on penalties for violations of the AI Act. They are responsible for ensuring these penalty rules are implemented effectively and are in alignment with the guidelines issued by the Commission and the AI Office.

The ‘European Artificial Intelligence Office’ (the ‘AI Office’) is hereby established. The AI Office shall be an independent body of the Union. It shall have legal personality. (Article 56)

Alongside national authorities, the European Artificial Intelligence Office (AI Office) will also play an integral role in the enforcement of the AI Act. This independent entity has its own legal personality and is intended to contribute to regulatory harmonization across the EU.

To sum up, the enforcement of the EU AI Act will involve various bodies at national and EU-level, chiefly, national supervisory authorities, market surveillance authorities and the European Artificial Intelligence Office. These bodies have respective roles, responsibilities and powers to ensure that the provisions of the AI Act are adhered to. Penalties for breach of the Regulation will be established by each member state, however, they must be in alignment with guidelines issued by the Commission and the AI Office.

Gist 4

Each Member State shall designate one national supervisory authority, which shall be organised so as to safeguard the objectivity and impartiality of its activities and tasks… The national supervisory authority shall ensure the application and implementation of this Regulation… The national supervisory authority shall act as market surveillance authority. (Article 59)

According to Article 59 of the EU AI Act, each member state is responsible for designating a national supervisory authority. This authority safeguards objectivity and impartiality in its tasks and activities. Furthermore, the national supervisory authority is tasked with ensuring the application and enforcement of this Regulation. This implies that the national supervisory authorities in each EU member state will be responsible for enforcing the AI Act.

Regulation (EU) 2019/1020 shall apply to AI systems and foundation models covered by this Regulation… the national supervisory authorities shall act as market surveillance authorities under this Regulation and have the same powers and obligations as market surveillance authorities under Regulation (EU) 2019/1020. (Article 63)

Article 63 further asserts that national supervisory authorities act as market surveillance authorities under this Regulation with the same powers and obligations as market surveillance authorities under Regulation (EU) 2019/1020. This implies that the national authorities will supervise the market to ensure that AI systems in operation comply with the act.

In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, applicable to infringements of this Regulation by any operator, and shall take all measures necessary to ensure that they are properly and effectively implemented… (Article 71)

Article 71 of the AI Act states that each member state must establish rules on penalties for any infringements of the Act by any operator. This suggests that the enforcement of penalties for non-compliance will also fall under the responsibility of each individual member state’s authorities.

In conclusion, the enforcement authorities responsible for enforcing the EU AI Act are designated national supervisory authorities in each member state, which will also handle market surveillance and the establishment and implementation of penalties for non-compliance.