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Chapter IX, Section 2 — Market surveillanceArticle 75

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

Applies from 2 Aug 20265 min readEUR-Lex verified Apr 2026

Article 75 establishes mutual assistance between national market surveillance authorities and the AI Office, and addresses the market surveillance and control of general-purpose AI (GPAI) systems. Where an AI system is based on a GPAI model, the AI Office coordinates enforcement at the model level while national authorities handle the system-level obligations. National authorities must share information upon request, assist each other with cross-border investigations, and may ask the AI Office for support. Conversely, the AI Office may request national authorities to exercise their market surveillance powers when GPAI-related concerns arise at the system level. Always verify on EUR-Lex.

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Who does this apply to?

  • -National market surveillance authorities cooperating across Member States
  • -The AI Office coordinating GPAI model enforcement under Chapter V
  • -Providers of GPAI models subject to AI Office inquiries or national follow-up
  • -Providers of high-risk AI systems with cross-border presence requiring multi-authority coordination

Scenarios

A high-risk AI hiring system built on a GPAI foundation model exhibits discriminatory outputs in three Member States. The French market surveillance authority identifies the issue first.

Under Article 75, the French authority notifies the other two national authorities and the AI Office. The AI Office investigates the GPAI model layer; national authorities investigate the system-level compliance (data governance, bias testing) in their jurisdictions. Information is shared through the mutual assistance framework.
Ref. Art. 75 + Art. 74

The AI Office identifies during a GPAI model evaluation that a systemic risk could materialise at the application level (e.g., a GPAI model prone to generating harmful medical advice when integrated into health AI systems).

The AI Office requests national market surveillance authorities under Article 75 to exercise their powers — inspecting deployers, testing systems, and requiring corrective action at the system level — while the AI Office addresses the model provider under Chapter V.
Ref. Art. 75 + Art. 101

Mutual assistance between authorities (plain terms)

Article 75 creates a cooperation backbone for cross-border AI enforcement:

  • National market surveillance authorities must share information with authorities in other Member States upon request, including documentation, test results, and compliance assessments
  • When a non-compliant AI system is identified in one Member State but the provider is established in another, authorities must assist each other with investigations and corrective measures
  • The AI Office acts as a coordination hub — it may mediate between national authorities and provide technical expertise
  • Authorities must respond to mutual assistance requests within a reasonable time and may refuse only on duly justified grounds (e.g., national security, pending criminal investigation)

GPAI-specific market surveillance

Article 75 addresses the dual-layer enforcement challenge unique to GPAI:

  • Model level: The AI Office is the competent authority for GPAI model obligations under Chapter V (Articles 51–56)
  • System level: National market surveillance authorities retain competence for AI systems built on GPAI models
  • When a system-level non-compliance originates in the model (e.g., a GPAI model's training data bias flowing into the high-risk system), the AI Office and national authorities must coordinate
  • The AI Office may request national authorities to exercise their Article 74 powers (access documentation, test systems, require corrective actions) when GPAI-related concerns surface at the system level

How Article 75 connects to the rest of the Act

  • Article 74 — Market surveillance framework and authority powers that Article 75 coordinates across borders.
  • Article 76 — Supervision of real-world testing, which may trigger cross-border mutual assistance.
  • Article 51–56 — GPAI model obligations enforced by the AI Office.
  • Article 64 — AI Board establishment, coordinating governance across Member States.
  • Article 101 — GPAI-specific fines enforced by the AI Office.
  • Article 99 — National penalties for system-level non-compliance.
  • Article 113 — Application dates and staged entry into force.

Recitals (preamble) on EUR-Lex

The recitals in the consolidated AI Act on EUR-Lex address the need for cross-border cooperation (given AI systems are often deployed across multiple Member States) and the division of competence between the AI Office and national authorities for GPAI-related enforcement. Consult the official preamble on EUR-Lex for the legislative intent.

Compliance checklist

  • Identify all Member States where your AI system or GPAI model is available — anticipate multi-authority scrutiny.
  • Designate an internal point of contact for mutual assistance requests from foreign market surveillance authorities.
  • If your system integrates a GPAI model: document the model-system boundary clearly so that authority requests can be routed appropriately.
  • Maintain documentation packages ready for cross-border sharing upon authority request (Article 74 + Article 75).
  • Coordinate with your authorised representative (Article 22) in each relevant Member State.
  • For GPAI providers: prepare for AI Office inquiries that may be triggered by national authority reports under Article 75.
Read the official text on EUR-Lex

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Frequently asked questions

Who enforces GPAI rules — national authorities or the AI Office?

The AI Office enforces GPAI model obligations under Chapter V (Articles 51–56). National market surveillance authorities enforce system-level obligations. Article 75 coordinates between the two when a system's non-compliance originates in the GPAI model layer.

Can a national authority refuse a mutual assistance request?

Only on duly justified grounds — e.g., national security or pending criminal proceedings. The requesting authority and the AI Office must be notified of the refusal and its reasons.

How does Article 75 affect providers with a cross-border presence?

Providers operating in multiple Member States should expect coordinated enforcement. A non-compliance finding in one country can trigger information sharing and follow-up investigations in others through the mutual assistance framework.