1When supervising and enforcing obligations in relation to AI systems under its competence, the AI Office has the same role and responsibility as a market surveillance authority pursuant to Regulation (EU) 2024/1689. 2Consequently, it is necessary for the AI Office to have all of the powers and responsibilities that market surveillance authorities have pursuant to that Regulation and Regulation (EU) 2019/1020 of the European Parliament and of the Council (‘the general powers’). 3These should ensure the appropriate and effective enforcement of the requirements and obligations set out in Regulation (EU) 2024/1689. 4However, it is necessary to specify, complement, and frame certain essential elements and other aspects of the general powers, as well as their safeguards (‘the specifying provisions’). 5In particular, it is necessary to lay down provisions governing the relationship between the AI Office and national authorities; provisions specifying, complementing, and constraining the powers to request information and conduct on-site inspections; provisions governing investigations, including the possibility to make commitments binding; and provisions specifying and constraining power to find non-compliance, impose fines and impose periodic penalties. 6Where a type of general power has been so specified, the AI Office may not circumvent the conditions and limits of those powers by relying on a related general power. 7Conversely, types of general power that are not specified and framed in respect of the AI Office, such as the power to adopt measures referred to in Article 16(3) of Regulation (EU) 2019/1020, may be relied on by the AI Office. 8As necessary for the proper implementation of Regulation (EU) 2024/1689, the Commission should be able to adopt implementing acts further defining the rules and the procedures concerning the application of limitation periods and, the access to the file and the negotiated disclosure of information. 9In exercising all of these powers, the AI Office must comply with the Charter. 10Additionally, the AI Office is subject to the safeguards and protection for fundamental rights laid down in the specifying provisions.
* This title is an unofficial description.