Chapter IX
Post-Market Monitoring, Information Sharing and Market Surveillance
Post-market monitoring plans for providers, serious incident reporting, market surveillance powers, fundamental-rights protections, remedies and complaint procedures.
Section 1
Post-Market MonitoringSection 2
Sharing of Information on Serious IncidentsSection 3
Enforcement- Art 74
Market Surveillance and Control of AI Systems in the Union Market
Regulation (EU) 2019/1020 (Market Surveillance) applies to AI systems covered by the Act. Each Member State market surveillance authority has powers including access to documentation and source code, sampling, on-site inspections, and the ability to require corrective action, withdrawal or recall.
Cross-cuttingEffective 2026-08-02 - Art 75
Mutual Assistance, Market Surveillance and Control of General-Purpose AI Systems
Coordinates supervision of AI systems built on general-purpose AI models. The AI Office acts as market surveillance authority where the provider of a GPAI system is also the GPAI model provider; otherwise, national authorities supervise with AI Office support.
General-purpose AIHigh riskEffective 2026-08-02 - Art 76
Supervision of Testing in Real World Conditions by Market Surveillance Authorities
Market surveillance authorities supervise real-world testing under Article 60, may suspend testing where necessary to protect health, safety or fundamental rights, and may carry out unannounced inspections.
High riskEffective 2026-08-02 - Art 77
Powers of Authorities Protecting Fundamental Rights
National public authorities or bodies that supervise or enforce the protection of fundamental rights have, on reasoned request, the right to access any documentation created or maintained under the Act when needed to fulfil their mandate.
Cross-cuttingEffective 2026-08-02 - Art 78
Confidentiality
Information obtained under the Act must be treated in confidence by authorities, with safeguards for trade secrets, intellectual property, source code, and personal data.
Cross-cuttingEffective 2026-08-02 - Art 79
Procedure at National Level for Dealing with AI Systems Presenting a Risk
Where a market surveillance authority considers an AI system presents a risk to health, safety or fundamental rights, it carries out an evaluation, requires the operator to take corrective action, and — if necessary — restricts, withdraws or recalls the system; informs the Commission and other Member States.
Cross-cuttingEffective 2026-08-02 - Art 80
Procedure for Dealing with AI Systems Classified by the Provider as Non-High-Risk in Application of Annex III
If a market surveillance authority concludes a provider has incorrectly classified an Annex III system as non-high-risk under Article 6(3), it requires the provider to take corrective action — re-classify, comply with high-risk obligations, or withdraw.
High riskEffective 2026-08-02 - Art 81
Union Safeguard Procedure
Where Member States disagree on a national measure, the Commission decides whether the measure is justified, ensuring uniform application of the Act across the Union.
Cross-cuttingEffective 2026-08-02 - Art 82
Compliant AI Systems Which Present a Risk
Where a system formally complies with the Act but still presents a risk to health, safety or fundamental rights, the authority requires the operator to take corrective action and may restrict the system.
Cross-cuttingEffective 2026-08-02 - Art 83
Formal Non-Compliance
Even purely formal breaches — missing CE marking, EU declaration of conformity, instructions for use, registration or authorised representative — must be remedied; otherwise, restrictions, withdrawal or recall apply.
High riskEffective 2026-08-02 - Art 84
Union AI Testing Support Structures
The Commission designates Union AI testing support structures to provide independent technical or scientific advice to Member State authorities on enforcement.
Cross-cuttingEffective 2026-08-02
Section 4
Remedies- Art 85
Right to Lodge a Complaint with a Market Surveillance Authority
Any natural or legal person who has grounds to consider an infringement of the Act may lodge a complaint with the relevant market surveillance authority. Complaints must be handled in accordance with the authority's procedures.
Cross-cuttingEffective 2026-08-02 - Art 86
Right to Explanation of Individual Decision-Making
Affected persons subject to a decision taken by the deployer of a high-risk AI system listed in Annex III (other than law-enforcement systems) that produces legal effects or significantly affects them have the right to obtain clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision.
High riskEffective 2026-08-02 - Art 87
Reporting of Infringements and Protection of Reporting Persons
The Whistleblowing Directive (EU) 2019/1937 applies to the reporting of infringements of the Act and the protection of reporting persons.
Cross-cuttingEffective 2026-08-02
Section 5
Supervision, Investigation, Enforcement and Monitoring in Respect of Providers of General-Purpose AI Models- Art 88
Enforcement of the Obligations of Providers of General-Purpose AI Models
The AI Office has exclusive powers to supervise and enforce Chapter V obligations on providers of general-purpose AI models, including the right to request information, conduct evaluations and impose measures and fines.
General-purpose AIEffective 2025-08-02 - Art 89
Monitoring Actions
Empowers the AI Office to take monitoring actions, including evaluating GPAI models and reviewing the implementation of Codes of Practice.
General-purpose AIEffective 2025-08-02 - Art 90
Alerts of Systemic Risks by the Scientific Panel
Members of the scientific panel may issue qualified alerts to the AI Office where they have reason to believe a GPAI model poses systemic risk.
General-purpose AIEffective 2025-08-02 - Art 91
Power to Request Documentation and Information
The AI Office may request from GPAI providers documentation and information necessary to assess compliance with Chapter V, including model evaluations, risk assessments and training data summaries.
General-purpose AIEffective 2025-08-02 - Art 92
Power to Conduct Evaluations
The AI Office may conduct evaluations — directly or through independent experts — of GPAI models to assess compliance, particularly for systemic-risk models.
General-purpose AIEffective 2025-08-02 - Art 93
Power to Request Measures
The AI Office may require providers to take specific measures, including aligning practices with Codes of Practice, restricting market availability, recall or withdrawal of the model.
General-purpose AIEffective 2025-08-02 - Art 94
Procedural Rights of Economic Operators of the General-Purpose AI Model
Provides procedural safeguards (right to be heard, access to file, confidentiality protections) for GPAI providers in AI Office enforcement procedures.
General-purpose AIEffective 2025-08-02