Recital 31 (Omnibus) Clarification of the AI Office’s exclusive supervisory powers*

1In order to strengthen the governance system for AI systems, it is necessary to clarify the role of the AI Office in monitoring and supervising the compliance of such AI systems with Regulation (EU) 2024/1689. 2The Commission has exclusive competence as regards general-purpose AI models under Article 88 of that Regulation. 3To increase coherence, clarity and effectiveness, and in light of the reach and impacts of AI systems linked to those competences, the scope of the AI Office’s exclusive competence to supervise systems should be refined. 4In particular, the AI Office should have exclusive competence over AI systems built on general-purpose AI models, not only where both the system and the model are developed by the same provider, but also where they are developed by providers that form part of the same undertaking. 5However, in certain cases, in particular where there is specific sectoral supervision, responsibility should remain with the relevant national competent authority. 6Accordingly, certain exceptions should be laid down. 7The personal scope of this exclusive competence should extend to the providers of those AI systems and to their deployers within the same undertaking. 8Other deployers should remain subject to national supervision and enforcement. 9Moreover, this does not include AI systems placed on the market, put into service or used by Union institutions, bodies, offices or agencies, which are under the supervision of the European Data Protection Supervisor pursuant to Article 74(9) of Regulation (EU) 2024/1689.

* This title is an unofficial description.