Art.75

Article 75 – Mutual Assistance, Market Surveillance and Control of General-Purpose AI Systems

Governance SME Relevant ~2 min read · 472 words

Article 75 extends the market surveillance framework to general-purpose AI models and establishes mutual assistance obligations between national authorities. Because GPAI models are deployed across borders and their effects are felt EU-wide, effective oversight requires coordination between member states and between national authorities and the AI Office.

✓ Low compliance impact for SMEs

WHAT THE ARTICLE IS ABOUT

Cross-border enforcement coordination for GPAI and general AI systems

Article 75 addresses the coordination challenge of market surveillance for AI systems that cross borders — particularly general-purpose AI models used across multiple member states. It establishes mutual assistance obligations between national market surveillance authorities and defines the AI Office’s role in coordinating GPAI model oversight.

WHAT IT SAYS

Mutual assistance, AI Office coordination, and GPAI-specific oversight

Market surveillance authorities must provide mutual assistance to each other — including sharing information, cooperating on investigations, and taking coordinated enforcement action on cross-border AI systems
Where a market surveillance authority in one member state investigates an AI system that is also present in other member states, it must inform those member states and coordinate its actions
For general-purpose AI models, the AI Office performs market surveillance at EU level — national market surveillance authorities cooperate with the AI Office on GPAI investigations
The AI Office may request information from GPAI model providers directly and coordinate responses across member states
Where a GPAI model is found to violate the Act, the AI Office may request corrective action and coordinate enforcement with relevant national authorities
National market surveillance authorities may request the AI Office to initiate evaluations of GPAI models under Article 92
The Commission may adopt implementing acts establishing the procedures for mutual assistance and information exchange

WHO IS AFFECTED

GPAI model providers and businesses with multi-country AI deployments

GPAI model providers — subject to AI Office-led market surveillance with national authority coordination
Providers of AI systems deployed across multiple EU member states — their systems may be investigated by coordinated authorities
Market surveillance authorities — must cooperate and provide mutual assistance
The AI Office — takes the lead on GPAI surveillance and coordinates multi-country investigations

WHAT IT MEANS FOR SMES

Cross-border operations face coordinated enforcement

If you deploy a high-risk AI system in multiple member states, an investigation in one country may be shared with and coordinated across all relevant authorities — enforcement is not siloed by national border
This coordination also means that resolving a compliance issue in one member state does not necessarily close the matter in others — coordinate with all relevant authorities if you face a cross-border investigation
For businesses using GPAI models: the AI Office’s market surveillance of your model provider may produce findings that affect how you can use that model — monitor AI Office enforcement actions against your GPAI vendors
The mutual assistance framework means information about your AI system shared with one authority may be shared with others — treat all authority interactions as potentially cross-border in scope

Article 74 — Market surveillance (the national framework this article extends to cross-border cases)
Article 64 — AI Office (leads GPAI market surveillance under this article)
Article 53 — GPAI obligations (the obligations the AI Office enforces under this article)
Article 88 — Enforcement of GPAI obligations (the specific enforcement provisions for GPAI)

← Back to the Guide