Article 76 - Supervision of testing in real world conditions by market surveillance authorities¶

Cross-References¶

Internal (AI Act)

Related Regulations

Supporting Recitals

1.

Market surveillance authorities shall have competences and powers to ensure that testing in real world conditions is in

accordance with this Regulation.

2.

Where testing in real world conditions is conducted for AI systems that are supervised within an AI regulatory

sandbox under Article 58, the market surveillance authorities shall verify the compliance with Article 60 as part of their

supervisory role for the AI regulatory sandbox. Those authorities may, as appropriate, allow the testing in real world

conditions to be conducted by the provider or prospective provider, in derogation from the conditions set out in Article

60(4), points (f) and (g).

3.

Where a market surveillance authority has been informed by the prospective provider, the provider or any third party

of a serious incident or has other grounds for considering that the conditions set out in Articles 60 and 61 are not met, it

may take either of the following decisions on its territory, as appropriate:

(a) to suspend or terminate the testing in real world conditions;

(b) to require the provider or prospective provider and the deployer or prospective deployer to modify any aspect of the

testing in real world conditions.

4.

Where a market surveillance authority has taken a decision referred to in paragraph 3 of this Article, or has issued an

objection within the meaning of Article 60(4), point (b), the decision or the objection shall indicate the grounds therefor

and how the provider or prospective provider can challenge the decision or objection.

5.

Where applicable, where a market surveillance authority has taken a decision referred to in paragraph 3, it shall

communicate the grounds therefor to the market surveillance authorities of other Member States in which the AI system

has been tested in accordance with the testing plan.

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