Article 88: Enforcement of the obligations of providers of general-purpose AI models
Article 88 gives the Commission exclusive powers to supervise and enforce Chapter V (general-purpose AI model obligations), taking into account the procedural guarantees under Article 94. The Commission entrusts implementation to the AI Office. Market surveillance authorities may request the Commission to exercise powers under this Section where necessary and proportionate to assist their tasks under the Regulation.
Who does this apply to?
- -Member States establishing national AI governance structures and designating competent authorities
- -National competent authorities designated under the AI Act exercising supervisory and enforcement powers
- -The Commission receiving notifications of designated authorities and monitoring Member State compliance with governance requirements
Scenarios
Germany designates the Federal Network Agency (Bundesnetzagentur) as the national market surveillance authority for the AI Act, while retaining its existing notified body infrastructure under sector-specific legislation. Germany must ensure the Bundesnetzagentur has sufficient AI-specialist staff to supervise high-risk AI systems across healthcare, employment, and critical infrastructure sectors.
A small Member State considers designating a single authority to serve as both notifying authority and market surveillance authority for the AI Act. Political pressure from the national government leads to attempts to influence the authority's enforcement priorities against certain domestic AI providers.
What Article 88 does (in plain terms)
Article 88 opens Section 5 of Chapter IX, on supervising providers of general-purpose AI models. It is not the article that designates national competent authorities.
1. Exclusive Commission powers. The Commission supervises and enforces compliance with Chapter V, taking into account the procedural safeguards in Article 94. 2. Delegated to the AI Office. The Commission entrusts these tasks to the AI Office, without prejudice to its powers of organisation or the division of competences between Member States and the Union under the Treaties. 3. National route in. Market surveillance authorities may ask the Commission to exercise the powers in this Section where that is necessary and proportionate to help them carry out their own tasks.
How Article 88 connects to the rest of the Act
- Article 94: procedural safeguards the Commission must take into account.
- Article 75: mutual assistance and supervision of general-purpose AI systems, referred to in Article 88(2).
- Article 53 and Article 55: the Chapter V obligations whose compliance is enforced.
- Article 101: the fine regime specific to GPAI providers.
- Article 113: dates of application.
Practical guidance
For GPAI providers:
1. Treat the AI Office as the primary counterparty for Chapter V, not an individual national authority. 2. Have the Article 53 and Article 55 documentation ready for requests under Article 91 and following. 3. Know your procedural rights under Article 94 from first contact.
For national authorities: do not act as though you hold exclusive competence over Chapter V. Use the Article 88(2) route where it is necessary and proportionate.
Official wording: Article 88
Article 88
Enforcement of the obligations of providers of general-purpose AI models
1. The Commission shall have exclusive powers to supervise and enforce Chapter V, taking into account the procedural guarantees under Article 94. The Commission shall entrust the implementation of these tasks to the AI Office, without prejudice to the powers of organisation of the Commission and the division of competences between Member States and the Union based on the Treaties.
2. Without prejudice to Article 75(3), market surveillance authorities may request the Commission to exercise the powers laid down in this Section, where that is necessary and proportionate to assist with the fulfilment of their tasks under this Regulation.
Compliance checklist
- Identify which national competent authority (market surveillance and notifying authority) has been designated in each Member State where your AI systems are placed on the market or put into service.
- Monitor Commission publications for the list of notified national competent authorities as Member States submit their designations.
- Establish contact protocols with designated national competent authorities in your key markets.
- Ensure internal compliance documentation is structured for submission to authorities that may have varying levels of AI technical expertise.
- Track legislative developments in each relevant Member State regarding the transposition of Article 88 governance requirements.
- Map your AI systems to the jurisdictional scope of each designated authority to understand which authority supervises which system.
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Frequently asked questions
Can a Member State designate an existing regulator instead of creating a new authority?
Yes. Article 88 allows Member States to either establish new authorities or designate existing ones. Many Member States are expected to assign AI Act competences to existing data protection authorities, product safety regulators, or telecommunications regulators. The key requirement is that the designated authority must have adequate resources and technical AI expertise, and must exercise its powers independently.
What happens if a Member State fails to designate authorities by August 2026?
The AI Act does not specify a sanction for late designation, but failure to establish national competent authorities would prevent enforcement of the AI Act within that Member State's territory. The Commission could initiate infringement proceedings against the Member State for failing to fulfil its obligations under the Regulation.
Does each Member State need separate notifying and market surveillance authorities?
Article 88 requires at least one notifying authority and at least one market surveillance authority, but it does not prohibit a single body from performing both functions. Several smaller Member States may designate one authority for both roles, provided it meets the independence and resource requirements for each function.