Scientific panel of independent experts

Principles for the selection of a diverse group of experts should be laid down. The Commission should ensure to the extent possible gender balance and a fair geographical representation in the selection of experts. To achieve a fair geographical representation, at least one national from each Member State of the Union and from each member of the European Free Trade Association which is a member of the European Economic Area should be appointed, provided that there is an applicant from those countries that satisfies the criteria of the call. In any event, there should be no more than three experts from each of those countries. Recognizing the importance of introducing diverse perspectives to the scientific panel, nationals of third countries should be able to be appointed as experts. However, at least four-fifths of the experts of the scientific panel should be nationals from the Member States of the Union or from a member of the European Free Trade Association which is a member of the European Economic Area.

In order to ensure the efficient functioning of the scientific panel, the AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; and the Joint Research Centre of the European Commission should jointly provide its Secretariat.

The organisation of the scientific panel should ensure flexibility so that specialised knowledge can be deployed based on requisite needs. For this purpose, the Chair and Secretariat should appoint a rapporteur and relevant contributors for individual tasks of the scientific panel, taking into account, inter alia, expertise, including sectoral expertise, availability, possible conflicts of interest and security concerns.

Given the contribution of the scientific panel to achieve the objectives of Union policies, by supporting enforcement activities under Regulation (EU) 2024/1689, experts should receive adequate remuneration for carrying out tasks of the scientific panel upon request of the AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission;. That remuneration should be determined in accordance with the provisions in force at the Commission, notably with Article 237 of Regulation (EU) 2018/1046 of the European Parliament and of the Council(²)Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1046/oj)..

To avoid conflicts of interest in the performance of their tasks, experts of the scientific panel should be independent from any provider means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge; of AI systems means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments; or general-purpose AI models means an AI model, including where such an AI model is trained with a large amount of data using self-supervision at scale, that displays significant generality and is capable of competently performing a wide range of distinct tasks regardless of the way the model is placed on the market and that can be integrated into a variety of downstream systems or applications, except AI models that are used for research, development or prototyping activities before they are placed on the market; and should act independently, impartially and objectively. To ensure trust in the work of the scientific panel, experts should draw up declarations of interest and commitment to act in the public interest, which should be made publicly available. For the same purpose, the tasks of the scientific panel should be carried out in a transparent manner and its membership should be made publicly available.

To allow the reinforcement of national capacities necessary for the effective enforcement of Regulation (EU) 2024/1689, Member States’ market surveillance authorities means the national authority carrying out the activities and taking the measures pursuant to Regulation (EU) 2019/1020; should be able to call upon support from the scientific panel for their enforcement activities under that Regulation. The AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; should provide for the practical means to allow Member States to request such support. Requests should be necessary and proportionate and processed by the AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; in a timely manner.

To ensure that the scientific panel can effectively issue qualified alerts to the AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; pursuant to Article 90 of Regulation (EU) 2024/1689, the conditions, procedures and detailed arrangements for the issuance of such qualified alerts should be set out. The AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; should provide a secure interface through which the scientific panel can transmit qualified alerts and the evidence supporting such alerts. Given the relevance and possible implications of a qualified alert for a provider means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge; of a general-purpose AI model means an AI model, including where such an AI model is trained with a large amount of data using self-supervision at scale, that displays significant generality and is capable of competently performing a wide range of distinct tasks regardless of the way the model is placed on the market and that can be integrated into a variety of downstream systems or applications, except AI models that are used for research, development or prototyping activities before they are placed on the market;, such an alert should require a decision by at least a simple majority of the members of the scientific panel.

To empower the scientific panel to effectively perform its tasks set out in Article 68(3) of Regulation (EU) 2024/1689, the conditions, procedures and detailed arrangements for the scientific panel and its members to request the assistance of the AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; for the performance of its tasks should be set out. Notably, it should be provided how the scientific panel can request that the Commission issues a request for information to a provider means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge; of a general-purpose AI model means an AI model, including where such an AI model is trained with a large amount of data using self-supervision at scale, that displays significant generality and is capable of competently performing a wide range of distinct tasks regardless of the way the model is placed on the market and that can be integrated into a variety of downstream systems or applications, except AI models that are used for research, development or prototyping activities before they are placed on the market; pursuant to Article 91(3) of Regulation (EU) 2024/1689.

Such request should be made by a member of the scientific panel who is appointed as rapporteur for a task of the scientific panel, supported by at least a third of the members of the scientific panel. The request should duly substantiate why a request for information and access to the requested information is necessary for the performance of the tasks of the scientific panel. The AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; should assess the necessity and proportionality of the request, taking into account the need to protect trade secrets and confidential business information. When the AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; decides to honour the request, it should prepare a request for information from a provider means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge;, to be issued by the Commission, and make the information received available to the relevant members of the scientific panel. The AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; should put in place secure technical means, which should be fit for purpose and operate to an appropriately high standard, to give access to such information, which should be restricted to the requesting members of the scientific panel, who should be the appointed rapporteur, and the contributors for a task of the scientific panel. The requesting members should, before receiving the data, submit a self-declaration stating that they only intend to use the requested information for the stated purpose and describing the modalities and safeguards to ensure confidential data handling. The AI Office means the Commission’s function of contributing to the implementation, monitoring and supervision of AI systems and general-purpose AI models, and AI governance, provided for in Commission Decision of 24 January 2024; references in this Regulation to the AI Office shall be construed as references to the Commission; should be able to refuse a request if, based on the information submitted by a member of the scientific panel, it has grounds to assume that there are reasonably foreseeable risks means the combination of the probability of an occurrence of harm and the severity of that harm; related to data security or confidentiality.

The measures provided for in this Regulation are in accordance with the opinion of the Artificial Intelligence Committee,