(fra kommisjonsforordningen)

(1) Article 92(1) of Regulation (EU) 2024/1689 empowers the Commission to conduct evaluations of general-purpose artificial intelligence (‘AI’) models. Article 92(2) of Regulation (EU) 2024/1689 empowers the Commission to appoint independent experts to carry out evaluations on its behalf. Article 92(3) of Regulation (EU) 2024/1689 empowers the Commission to request access to a general-purpose AI model subject to such evaluations through application programming interfaces (‘APIs’) or further appropriate technical means and tools, including source code. To increase legal certainty and ensure proportionality, it is appropriate to require the Commission to specify the technical means, components, and conditions by which the provider of such a model shall grant such access. It is also appropriate to set out the detailed arrangements for involving independent experts where the Commission decides to appoint such experts to carry out evaluations on its behalf.

(2) Article 101(1) of Regulation (EU) 2024/1689 empowers the Commission to fine providers of general-purpose AI models for the acts and omissions listed in that provision. To foster legal certainty and to provide procedural safeguards for such providers, it is appropriate to lay down provisions regarding the opening and closing of proceedings in view of the possible adoption of a decision pursuant to Article 101(1) of Regulation (EU) 2024/1689. The opening of such proceedings should be without prejudice to the possibility of the Commission to undertake investigations and request measures prior to such opening.

(3) Article 101(2) of Regulation (EU) 2024/1689 requires the Commission, before adopting a decision pursuant to Article 101(1) of that Regulation, to give the provider of a general-purpose AI model to whom it has notified preliminary findings the opportunity to be heard and to provide supporting evidence. Such providers should be required to present their observations on those findings succinctly in writing, within a time period set by the Commission, with a view to reconciling the efficiency and effectiveness of the proceedings, on one hand, and the possibility to exercise the right to be heard, on the other.

(4) Article 41(2)(b) of the Charter of Fundamental Rights recognises the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy. While the addressee of preliminary findings should always obtain from the Commission the non-confidential versions of all documents mentioned in those findings, the Commission should be able to decide on a case-by-case basis on the appropriate procedure for granting further access to the file. When granting such access, the Commission should ensure the protection of business secrets and other confidential information. The Commission should be able to request persons that submit or have submitted information or documents in the course of proceedings to identify business secrets or other confidential information. The Commission should, before making this information available to the addressee of its preliminary findings, assess for each individual document whether, with view to an effective exercise of the right to be heard, the need to disclose is greater than the harm to the person who submitted the information or documents which might result from disclosure,

(5) In the interest of legal certainty, it is appropriate to introduce limitation periods concerning the possibility to issue a fine under Article 101(1) of Regulation (EU) 2024/1689, as well as limitation periods on the enforcement of fines issued under Article 101(1) of that Regulation. Those periods should be governed by the Council Regulation (EEC, Euratom) No 1182/71 (2).

(6) The measures provided in this Implementing Regulation are in accordance with the opinion of the Artificial Intelligence Committee.