in force 2026-07-27 MODIFIED+391 −0§
Amended by Digital Omnibus on AI 32026R1744
applies from: unchanged
A new paragraph is added to paragraph 1 stating that where testing in real world conditions is based on Article 60a, references to a market surveillance authority in Article 76 are to be read as references to the national competent authority or the appropriate authority under the Union harmonisation legislation listed in Section B of Annex I, and references to Article 60 are to be read as references to Article 60a, as appropriate.
Paragraph 2 itself remains textually the same, still describing the market surveillance authorities' verification of compliance with Article 60 for AI systems supervised within an AI regulatory sandbox under Article 58.
Cited: Art. 76, v2 · Art. 76, v1
text before / after
32024R1689 → 02024R1689-20260727
Article 76 Supervision of testing in real world conditions by market surveillance authorities 1. Market surveillance authorities shall have competences and powers to ensure that testing in real world conditions is in accordance with this Regulation. Where testing in real world conditions is based on Article 60a, any reference to a market surveillance authority in this Article shall be construed as a reference to the national competent authority or appropriate authority under the Union harmonisation legislation listed in Section B of Annex I, and references to Article 60 shall be construed as references to Article 60a, as appropriate. 2. Where testing in real world conditions is conducted for AI systems that are supervised within an AI regulatory sandbox under Article 58, the market surveillance authorities shall verify the compliance with Article 60 as part of their supervisory role for the AI regulatory sandbox. Those authorities may, as appropriate, allow the testing in real world conditions to be conducted by the provider or prospective provider, in derogation from the conditions set out in Article 60(4), points (f) and (g). 3. Where a market surveillance authority has been informed by the prospective provider, the provider or any third party of a serious incident or has other grounds for considering that the conditions set out in Articles 60 and 61 are not met, it may take either of the following decisions on its territory, as appropriate: (a) to suspend or terminate the testing in real world conditions; (b) to require the provider or prospective provider and the deployer or prospective deployer to modify any aspect of the testing in real world conditions. 4. Where a market surveillance authority has taken a decision referred to in paragraph 3 of this Article, or has issued an objection within the meaning of Article 60(4), point (b), the decision or the objection shall indicate the grounds therefor and how the provider or prospective provider can challenge the decision or objection. 5. Where applicable, where a market surveillance authority has taken a decision referred to in paragraph 3, it shall communicate the grounds therefor to the market surveillance authorities of other Member States in which the AI system has been tested in accordance with the testing plan.