Article 93: Power to Request Measures

Summary of Article 93

  • Commission’s Compliance Measures: The Commission may require providers to comply with obligations, implement risk mitigation measures, or restrict, withdraw, or recall AI models in cases of systemic risk.
  • AI Office’s Role in Structured Dialogue: The AI Office may engage providers in a structured dialogue before any compliance measures are requested.
  • Binding Commitments from Providers: If a provider voluntarily commits to mitigation measures during structured dialogue, the Commission can make those commitments legally binding and close further action.

Commission’s Compliance Measures

1. Where necessary and appropriate, the Commission may request providers to:

(a) take appropriate measures to comply with the obligations set out in Articles 53 and 54;

(b) implement mitigation measures, where the evaluation carried out in accordance with Article 92 has given rise to serious and substantiated concern of a systemic risk at Union level;

(c) restrict the making available on the market, withdraw or recall the model.

AI Office’s Role in Structured Dialogue

2. Before a measure is requested, the AI Office may initiate a structured dialogue with the provider of the general-purpose AI model.

Binding Commitments from Providers

3. If, during the structured dialogue referred to in paragraph 2, the provider of the general-purpose AI model with systemic risk offers commitments to implement mitigation measures to address a systemic risk at Union level, the Commission may, by decision, make those commitments binding and declare that there are no further grounds for action.

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About the author
Philip Mohr

Philip Mohr

Philip Mohr, a certified AIGP, is an AI governance consultant with over a decade of expertise in product management, data governance and privacy, leading initiatives at Addtrust (addtrust.com).

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