Chapter XII · Penalties
Article 99 — Penalties
Official text
Each paragraph records where its wording comes from. This site reproduces the text; the authentic publication is the Official Journal. Text checked as byte-identical to the Official Journal is marked as reproduced from it; consolidated text is editorial and has no legal value. Paragraphs, subparagraphs and points each have their own link.
In accordance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties and other enforcement measures, which may also include administrative fines, warnings and non-monetary measures, applicable to any infringement of this Regulation by operators, and shall take all measures necessary to ensure that they are properly and effectively implemented, thereby taking into account the guidelines issued by the Commission pursuant to Article 96. The penalties provided for shall be effective, proportionate and dissuasive. The Member States shall take into account the interests of SMEs, including start-ups, and SMCs, and their economic viability when imposing penalties.
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
The Member States shall, without delay and at the latest by the date of entry into application, notify the Commission of the rules on penalties and of other enforcement measures referred to in paragraph 1, and shall notify it, without delay, of any subsequent amendment to them.
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to EUR 35000000 or, if the offender is an undertaking, up to 7 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
Non-compliance with any of the following provisions related to operators or notified bodies, other than those laid down in Articles 5, shall be subject to administrative fines of up to EUR 15000000 or, if the offender is an undertaking, up to 3 % of its total worldwide annual turnover for the preceding financial year, whichever is higher:
- (a)
obligations of providers pursuant to Article 16;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (b)
obligations of authorised representatives pursuant to Article 22;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (c)
obligations of importers pursuant to Article 23;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (d)
obligations of distributors pursuant to Article 24;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (da)
obligations of providers and operators pursuant to Article 25(2) and (4);amended by Regulation (EU) 2026/1744
- (e)
obligations of deployers pursuant to Article 26;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (f)
requirements and obligations of notified bodies pursuant to Article 31, Article 33(1), (3) and (4) or Article 34;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (g)
transparency obligations for providers and deployers pursuant to Article 50.
Reproduced from the Official Journal · Regulation (EU) 2024/1689
Paragraph amended by Regulation (EU) 2026/1744 — point (da) inserted. The other points are unchanged.
The supply of incorrect, incomplete or misleading information to notified bodies or national competent authorities in reply to a request shall be subject to administrative fines of up to EUR 7500000 or, if the offender is an undertaking, up to 1 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
In the case of SMEs, including start-ups, each fine referred to in this Article shall be up to the percentages or amount referred to in paragraphs 3, 4 and 5, whichever thereof is lower.
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
In the case of SMCs, each fine referred to in paragraphs 4 and 5 shall be up to the percentages or amount referred therein, whichever is lower.
Consolidated text — no legal value · amended by Regulation (EU) 2026/1744
When deciding whether to impose an administrative fine and when deciding on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and, as appropriate, regard shall be given to the following:
- (a)
the nature, gravity and duration of the infringement and of its consequences, taking into account the purpose of the AI system, as well as, where appropriate, the number of affected persons and the level of damage suffered by them;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (b)
whether administrative fines have already been applied by other market surveillance authorities to the same operator for the same infringement;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (c)
whether administrative fines have already been applied by other authorities to the same operator for infringements of other Union or national law, when such infringements result from the same activity or omission constituting a relevant infringement of this Regulation;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (d)
the size, the annual turnover and market share of the operator committing the infringement;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (e)
any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (f)
the degree of cooperation with the national competent authorities, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (g)
the degree of responsibility of the operator taking into account the technical and organisational measures implemented by it;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (h)
the manner in which the infringement became known to the national competent authorities, in particular whether, and if so to what extent, the operator notified the infringement;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (i)
the intentional or negligent character of the infringement;
Reproduced from the Official Journal · Regulation (EU) 2024/1689
- (j)
any action taken by the operator to mitigate the harm suffered by the affected persons.
Reproduced from the Official Journal · Regulation (EU) 2024/1689
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
Each Member State shall lay down rules on to what extent administrative fines may be imposed on public authorities and bodies established in that Member State.
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
Depending on the legal system of the Member States, the rules on administrative fines may be applied in such a manner that the fines are imposed by competent national courts or by other bodies, as applicable in those Member States. The application of such rules in those Member States shall have an equivalent effect.
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
The exercise of powers under this Article shall be subject to appropriate procedural safeguards in accordance with Union and national law, including effective judicial remedies and due process.
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
Member States shall, on an annual basis, report to the Commission about the administrative fines they have issued during that year, in accordance with this Article, and about any related litigation or judicial proceedings.
Reproduced from the Official Journal · Regulation (EU) 2024/1689 · EN
The formal analysis of Article 99
Article 6 is formalised first. The remaining articles follow.
Article 99 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