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(161)
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It is necessary to clarify the responsibilities and competences at Union and
national level as regards AI systems that are built on general-purpose AI models. To avoid
overlapping competences, where an AI system is based on a general-purpose AI model and the
model and system are provided by the same provider, the supervision should take place at Union
level through the AI Office, which should have the powers of a market surveillance
authority within the meaning of Regulation (EU) 2019/1020 for this purpose. In all other cases,
national market surveillance authorities remain responsible for the supervision of AI systems.
However, for general-purpose AI systems that can be used directly by deployers for at least one
purpose that is classified as high-risk, market surveillance authorities should cooperate with
the AI Office to carry out evaluations of compliance and inform the Board and other market
surveillance authorities accordingly. Furthermore, market surveillance authorities should be
able to request assistance from the AI Office where the market surveillance authority is unable
to conclude an investigation on a high-risk AI system because of its inability to access
certain information related to the general-purpose AI model on which the high-risk AI system is
built. In such cases, the procedure regarding mutual assistance in cross-border cases in
Chapter VI of Regulation (EU) 2019/1020 should apply mutatis
mutandis.
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