(fra kommisjonsforordningen)

(1)    A scientific panel of independent experts in the field of artificial intelligence (the ‘scientific panel’) should be established to support enforcement activities under Regulation (EU) 2024/1689 and to advise and support the European Artificial Intelligence Office (‘the AI Office’) in the performance of its tasks.
(2)    The members of the scientific panel should be appointed based on objective criteria and following a public call for expression of interest. The selection criteria included in the call for expression of interest should ensure that highly qualified multidisciplinary and interdisciplinary experts, with a sufficient level of up-to-date scientific, sociotechnical or technical expertise on different aspects related to artificial intelligence (‘AI’), the impacts of AI, or otherwise relevant to the effective enforcement of Regulation (EU) 2024/1689, including expertise in applied sectors, fundamental rights and equality, as appropriate, are selected and that they are able to act independently and in the public interest. The call for expression of interest should set out the application procedure. Supporting documents may include statements issued by a public authority of a Member State of the Union or of the European Free Trade Association which is a member of the European Economic Area, attesting the candidates’ scientific, sociotechnical or technical expertise.
(3)    To ensure an effective functioning while at the same time ensuring diversity of expertise, the number of experts to be appointed to the scientific panel should be no more than 60, as consulted with the European Artificial Intelligence Board (the ‘Board’). For each term of office, the number of experts to be appointed to the scientific panel should be determined and specified in the call for expression of interest, based on the expected workload and necessary expertise, in each case determined in consultation with the Board. The Commission will evaluate the maximum number of experts based on experience gained and consider revising it as part of a possible review of this Regulation.
(4)    Principles for the selection of a diverse group of experts should be laid down. The Commission should ensure to the extent possible gender balance and a fair geographical representation in the selection of experts. To achieve a fair geographical representation, at least one national from each Member State of the Union and from each member of the European Free Trade Association which is a member of the European Economic Area should be appointed, provided that there is an applicant from those countries that satisfies the criteria of the call. In any event, there should be no more than three experts from each of those countries. Recognizing the importance of introducing diverse perspectives to the scientific panel, nationals of third countries should be able to be appointed as experts. However, at least four-fifths of the experts of the scientific panel should be nationals from the Member States of the Union or from a member of the European Free Trade Association which is a member of the European Economic Area.
(5)    In order to ensure the efficient functioning of the scientific panel, the AI Office and the Joint Research Centre of the European Commission should jointly provide its Secretariat.
(6)    The organisation of the scientific panel should ensure flexibility so that specialised knowledge can be deployed based on requisite needs. For this purpose, the Chair and Secretariat should appoint a rapporteur and relevant contributors for individual tasks of the scientific panel, taking into account, inter alia, expertise, including sectoral expertise, availability, possible conflicts of interest and security concerns.
(7)    Given the contribution of the scientific panel to achieve the objectives of Union policies, by supporting enforcement activities under Regulation (EU) 2024/1689, experts should receive adequate remuneration for carrying out tasks of the scientific panel upon request of the AI Office. That remuneration should be determined in accordance with the provisions in force at the Commission, notably with Article 237 of Regulation (EU) 2018/1046 of the European Parliament and of the Council of 18 July .
(8)    To avoid conflicts of interest in the performance of their tasks, experts of the scientific panel should be independent from any provider of AI systems or general-purpose AI models and should act independently, impartially and objectively. To ensure trust in the work of the scientific panel, experts should draw up declarations of interest and commitments to act in the public interest, which should be made publicly available. For the same purpose, the tasks of the scientific panel should be carried out in a transparent manner and its membership should be made publicly available.
(9)    To allow the reinforcement of national capacities necessary for the effective enforcement of Regulation (EU) 2024/1689, Member States’ market surveillance authorities should be able to call upon support from the scientific panel for their enforcement activities under this Regulation. The AI Office should provide for the practical means to allow Member States to request such support, which should be necessary and proportionate and processed by the AI Office in a timely manner.
(10)    To ensure that the scientific panel can effectively issue qualified alerts to the AI Office pursuant to Article 90 of Regulation (EU) 2024/1689, the conditions, procedures and detailed arrangements for the issuance of such qualified alerts should be set out. The AI Office should provide a secure interface through which the scientific panel can transmit qualified alerts and the evidence supporting such alerts. Given the relevance and possible implications of a qualified alert for a provider of a general-purpose AI model, such an alert should require a decision by at least a simple majority of the members of the scientific panel.
(11)    To empower the scientific panel to effectively perform its tasks set out in Article 68(3) of Regulation (EU) 2024/1689, the conditions, procedures and detailed arrangements for the scientific panel and its members to request the assistance of the AI Office for the performance of its tasks should be set out. Notably, it should be provided how the scientific panel can request that the Commission issues a request for information to a provider of a general-purpose AI model pursuant to Article 91(3) of Regulation (EU) 2024/1689. 
(12)    Such request should be made by a member of the scientific panel who is appointed as rapporteur for a task of the scientific panel, supported by at least a third of the members of the scientific panel. The request should duly substantiate why a request for information and access to the requested information is necessary for the performance of the tasks of the scientific panel. The AI Office should assess the necessity and proportionality of the request, taking into account the need to protect trade secrets and business confidentiality. When the AI Office decides to honour the request, it should prepare a request for information from a provider, to be issued by the Commission, and make the information received available to the relevant members of the scientific panel. The AI Office should put in place secure technical means, which should be fit for purpose and operate to an appropriately high standard, to give access to such information, which should be restricted to the requesting members of the scientific panel, who should be the appointed rapporteur, and the contributors for a task of the scientific panel. The requesting members should, before receiving the data, submit a self-declaration stating that it only intends to use the requesting information received for the stated purpose and describing the modalities and safeguards to ensure confidential data handling. The AI Office should be able to refuse a request if, based on the information submitted by a member of the scientific panel, it has grounds to assume that there are reasonably foreseeable risks related to data security or confidentiality.
(13)    The measures provided for in this Regulation are in accordance with the opinion of the Artificial Intelligence Committee.