Chapter IX · Post-market monitoring, information sharing and market surveillance
Article 75c — Non-compliance, fines and periodic penalty payments
Official text
Each paragraph records where its wording comes from. Only text reproduced unchanged from the Official Journal is authentic; consolidated text is editorial and has no legal value. Paragraphs, subparagraphs and points each have their own link.
Where the AI Office finds that an operator falling within the scope of Article 75(1) does not comply with the relevant provisions of this Regulation or with commitments made binding pursuant to Article 75b, it shall adopt a decision establishing such non-compliance.
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
Before adopting a decision pursuant to paragraph 1, the AI Office shall communicate its preliminary findings to the operator concerned. In the preliminary findings, the AI Office shall explain the measures that it is considering taking, or that it considers that the operator concerned should take, in order to effectively address the preliminary findings.
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
In the decision pursuant to paragraph 1 of this Article, the AI Office shall, where relevant, order the operator concerned to take the necessary measures to ensure compliance with the relevant provisions of this Regulation within a reasonable period specified therein and to provide information on the measures that that operator intends to take to comply with the decision. The operator concerned shall provide the AI Office with a description of the measures it has taken to ensure compliance with the decision upon their implementation. Prior to requesting any measure, the AI Office may engage in a structured dialogue with the operator of the AI system in question. During this dialogue, the operator may propose commitments in accordance with Article 75b.
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
A decision adopted pursuant to paragraph 1 of this Article may be accompanied by the imposition of penalties in accordance with Article 99(3) to (7), which provisions shall apply mutatis mutandis to the AI Office in the execution of its supervision and enforcement tasks referred to in Article 75(1).amended by Regulation (EU) 2026/1744
In particular, the following shall be subject to administrative fines as referred to in Article 99(4):amended by Regulation (EU) 2026/1744
- (a)
infringement of any applicable provision of this Regulation, including those not listed in Article 99(4);amended by Regulation (EU) 2026/1744
- (b)
failure to comply with decisions or measures adopted pursuant to the powers listed in Article 14(4) or Article 16(3) of Regulation (EU) 2019/1020, as well as those specified in Article 75a of this Regulation;amended by Regulation (EU) 2026/1744
- (c)
failure to comply with a commitment made binding by a decision pursuant to Article 75b.amended by Regulation (EU) 2026/1744
The supply of incorrect, incomplete or misleading information to the AI Office in reply to a request shall be subject to administrative fines as referred to in Article 99(5).amended by Regulation (EU) 2026/1744
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
The AI Office may adopt a decision imposing periodic penalty payments to compel the operators subject to its competence pursuant to Article 75(1) to the following:amended by Regulation (EU) 2026/1744
- (a)
to submit to an investigation;amended by Regulation (EU) 2026/1744
- (b)
to comply with an information request ordered by a decision adopted under Article 75a(3);amended by Regulation (EU) 2026/1744
- (c)
to submit to an inspection ordered by a decision pursuant to Article 75a(4);amended by Regulation (EU) 2026/1744
- (d)
to provide correct or complete answers or explanations in the context of an inspection ordered by a decision pursuant to Article 75a(4);amended by Regulation (EU) 2026/1744
- (e)
to comply with corrective actions ordered pursuant to the power listed in Article 16 of Regulation (EU) 2019/1020;amended by Regulation (EU) 2026/1744
- (f)
to comply with commitments made legally binding by a decision pursuant to Article 75b; oramended by Regulation (EU) 2026/1744
- (g)
to comply with a decision pursuant to the paragraph (1) of this Article.amended by Regulation (EU) 2026/1744
Those penalty payments shall be effective and proportionate, and, where applicable, shall not exceed 5 % of the average daily income or worldwide annual turnover in the preceding financial year per day, calculated from the date appointed by the decision.amended by Regulation (EU) 2026/1744
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions of the AI Office fixing a fine or periodic penalty payment pursuant to this Article. It may cancel, reduce or increase the fine or periodic penalty payment imposed.
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
Funds collected through the imposition of fines or periodic penalty payments pursuant to this Article shall contribute to the general budget of the Union.
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
The powers conferred on the AI Office by this Article shall be subject to a limitation period of five years. The limitation period shall begin to run on the day on which the infringement is committed. However, in the case of continuing or repeated infringements, the limitation period shall begin to run on the day on which the infringement ceases.amended by Regulation (EU) 2026/1744
The power of the AI Office to enforce decisions taken pursuant to this Article shall be subject to a limitation period of five years. The limitation period shall begin to run on the day on which the decision becomes final.amended by Regulation (EU) 2026/1744
The implementing act referred to in Article 75d(3) shall specify the first and second subparagraphs of this paragraph, including the circumstances in which the limitation periods shall be interrupted.amended by Regulation (EU) 2026/1744
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
Where the AI Office determines that there are no grounds to adopt a decision of non-compliance, it shall close the proceeding by a decision. That decision shall apply with immediate effect.
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
The formal analysis of Article 75c
Article 6 is formalised first. The remaining articles follow.
Article 75c is formalised node by node: each rule as a deontic position with its operator, each exception with its rank, each predicate resolved against the definitions in Article 3.
What members get, per article
- the rule logic: every norm as a formal position, with the defeater chain that decides which exception wins
- the competency questions and their answers, every unanswered one marked as a gap and named
- the ontology: predicates bound to AISV (AI Standardisation Vocabulary) and to the definitions they depend on, exportable as JSON-LD and OWL
- the documentation: the Article 6(4) assessment record generated from a fact set, with its derivation and the version of the law it was decided against
Built for providers claiming the 6(3) derogation, for the counsel who has to defend that claim, and for the auditor who reads it afterwards.
Access is invite-only and opening in stages. Article 6 is formalised first; the remaining articles follow.
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Commentary in preparation
The official text above is complete. The editorial layer for this article — duties, the roles bound by them, the AISV concepts that model them, and the European standards written to support them — is in preparation, in the same form as the articles already published.
See the published articles