The Articles of the EU Artificial Intelligence Act (25.11.2022)

Article 59, Designation of national competent authorities, Artificial Intelligence Act (Proposal 25.11.2022)

1. [deleted]

2. Each Member State shall establish or designate at least one notifying authority and at least one market surveillance authority for the purpose of this Regulation as national competent authorities. These national competent authorities shall be organised so as to safeguard the priniciples of objectivity and impartiality of their activities and tasks. Provided that those prinicples are respected, such activities and tasks may be performed by one or several designated authorities, in accordance with the organisational needs of the Member State.

3. Member States shall inform the Commission of their designation or designations.

4. Member States shall ensure that national competent authorities are provided with adequate financial resources, technical equipment and well qualified human resources to effectively fulfil their tasks under this Regulation.

5. By [one year after entry into force of this Regulation] and afterwards six months before the deadline referred to in Article 84(2) Member States shall inform the Commission on the status of the financial resources, technical equipment and human resources of the national competent authorities with an assessment of their adequacy. The Commission shall transmit that information to the Board for discussion and possible recommendations.

6. The Commission shall facilitate the exchange of experience between national competent authorities.

7. National competent authorities may provide advice on the implementation of this Regulation, including tailored to SME providers, including start-ups. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States may also establish one central contact point for communication with operators.

8. When Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as the competent authority for their supervision.

Important note: This is not the final text of the Artificial Intelligence Act. This is the text of the proposal from the Council of the European Union (25.11.2022).

The Articles of the EU Artificial Intelligence Act, proposal from the Council of the European Union (25.11.2022):