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Article 90 Alerts of Systemic Risks by the Scientific Panel

Article 90

Alerts of systemic risks by the scientific panel

1.   The scientific panel may provide a qualified alert to the AI Office where it has reason to suspect that:

(a)

a general-purpose AI model poses concrete identifiable risk at Union level; or

(b)

a general-purpose AI model meets the conditions referred to in Article 51.

2.   Upon such qualified alert, the Commission, through the AI Office and after having informed the Board, may exercise the powers laid down in this Section for the purpose of assessing the matter. The AI Office shall inform the Board of any measure according to Articles 91 to 94.

3.   A qualified alert shall be duly reasoned and indicate at least:

(a)

the point of contact of the provider of the general-purpose AI model with systemic risk concerned;

(b)

a description of the relevant facts and the reasons for the alert by the scientific panel;

(c)

any other information that the scientific panel considers to be relevant, including, where appropriate, information gathered on its own initiative.

Corresponding Recitals

(163)

With a view to complementing the governance systems for general-purpose AI models, the scientific panel should support the monitoring activities of the AI Office and may, in certain cases, provide qualified alerts to the AI Office which trigger follow-ups, such as investigations. This should be the case where the scientific panel has reason to suspect that a general-purpose AI model poses a concrete and identifiable risk at Union level. Furthermore, this should be the case where the scientific panel has reason to suspect that a general-purpose AI model meets the criteria that would lead to a classification as general-purpose AI model with systemic risk. To equip the scientific panel with the information necessary for the performance of those tasks, there should be a mechanism whereby the scientific panel can request the Commission to require documentation or information from a provider.
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