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(156)
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In order to ensure an appropriate and effective enforcement of the
requirements and obligations set out by this Regulation, which is Union harmonisation
legislation, the system of market surveillance and compliance of products established by
Regulation (EU) 2019/1020 should apply in its entirety. Market surveillance authorities
designated pursuant to this Regulation should have all enforcement powers laid down in this
Regulation and in Regulation (EU) 2019/1020 and should exercise their powers and carry out their
duties independently, impartially and without bias. Although the majority of AI systems are not
subject to specific requirements and obligations under this Regulation, market surveillance
authorities may take measures in relation to all AI systems when they present a risk in
accordance with this Regulation. Due to the specific nature of Union institutions, agencies and
bodies falling within the scope of this Regulation, it is appropriate to designate the European
Data Protection Supervisor as a competent market surveillance authority for them. This
should be without prejudice to the designation of national competent authorities by the Member
States. Market surveillance activities should not affect the ability of the supervised entities
to carry out their tasks independently, when such independence is required by Union law.
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