in force 2026-07-27 MODIFIED+1,247 −157§
Amended by Digital Omnibus on AI 32026R1744
applies from: unchanged
The heading now adds a reference to cooperation with market surveillance authorities, alongside the original mention of protecting fundamental rights.
Paragraph 1 removes the earlier limitation to high-risk AI systems referred to in Annex III, changes the access format from an unspecified accessible language and format to accessible language and machine-readable format delivered by electronic means, and adds a sentence stating that the Article is without prejudice to the competences, tasks, powers and independence of the relevant national public authorities or bodies under their mandates, while dropping the prior requirement that the requesting authority inform the market surveillance authority.
Two new paragraphs, 1a and 1b, are added: 1a requires the market surveillance authority to grant the relevant public authority or body access to the information or documentation, including by requesting it from the provider or deployer, where necessary and without undue delay, and 1b requires market surveillance authorities and the paragraph 1 public authorities or bodies to cooperate closely and provide mutual assistance, including exchanging information where necessary, while respecting their respective competences, tasks, powers and independence.
Cited: Art. 77, v2 · Art. 77, v1
text before / after
32024R1689 → 02024R1689-20260727
Article 77
Powers of authorities protecting fundamental rights
and cooperation with market surveillance authorities
1. National public authorities or bodies which supervise or enforce the respect of obligations under Union law protecting fundamental rights, including the right to non-discrimination, in relation to the use of high-risk AI systems referred to in Annex III shall have the power to request and access any information or documentation created or maintained under from the relevant market surveillance authority pursuant to this Regulation in accessible language and machine-readable format when by electronic means where access to that information or documentation is necessary for effectively fulfilling their mandates within the limits of their jurisdiction. The This Article is without prejudice to the competences, tasks, powers and independence of the relevant national public authorities or bodies under their mandates.
1a. Subject to the conditions specified in this Article, the market surveillance authority shall grant the relevant public authority or body referred to in paragraph 1 access to such information or documentation, including by requesting such information or documentation from the provider or the deployer, where necessary and without undue delay.
1b. Market surveillance authorities and public authorities or bodies referred to in paragraph 1 shall inform cooperate closely and provide each other with the market surveillance authority mutual assistance necessary to fulfil their respective mandates, with a view to ensuring the coherent application of this Regulation and Union law protecting fundamental rights and streamlining procedures, while respecting their respective competences, tasks, powers and independence. This shall include, in particular, exchange of information where necessary for the Member State concerned effective supervision or enforcement of any such request. this Regulation and the respective other Union legislation.
2. By 2 November 2024, each Member State shall identify the public authorities or bodies referred to in paragraph 1 and make a list of them publicly available. Member States shall notify the list to the Commission and to the other Member States, and shall keep the list up to date.
3. Where the documentation referred to in paragraph 1 is insufficient to ascertain whether an infringement of obligations under Union law protecting fundamental rights has occurred, the public authority or body referred to in paragraph 1 may make a reasoned request to the market surveillance authority, to organise testing of the high-risk AI system through technical means. The market surveillance authority shall organise the testing with the close involvement of the requesting public authority or body within a reasonable time following the request.
4. Any information or documentation obtained by the national public authorities or bodies referred to in paragraph 1 of this Article pursuant to this Article shall be treated in accordance with the confidentiality obligations set out in Article 78.