§ EU AI Act · Article 74
AI Act Article 74: Obligations, Deadlines & Penalties
At a glance
Article 74 of the AI Act imposes 12 obligations on European Data Protection Supervisor, Member States, National market surveillance authorities supervising regulated credit institutions and 4 other entity type(s). At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 74
Obligation 1
Market surveillance authorities must report annually to the Commission and relevant national competition authorities any information identified during market surveillance that may be of potential interest for the application of Union law on competition rules.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
market surveillance authorities
- Action required
-
report
- Deadline
-
annually
- Penalty
-
—
Obligation 2
Market surveillance authorities must report annually to the Commission about the use of prohibited practices that occurred during that year and about the measures taken.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
market surveillance authorities
- Action required
-
report
- Deadline
-
annually
- Penalty
-
—
Obligation 3
Member States may designate another relevant authority to act as a market surveillance authority for high-risk AI systems related to products covered by Union harmonisation legislation, provided they ensure coordination with the relevant sectoral market surveillance authorities.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
Member States
- Sector scope
- products covered by Union harmonisation legislation listed in Section A of Annex I
- Action required
-
designate
- Deadline
-
—
- Penalty
-
—
Obligation 4
For high-risk AI systems used by financial institutions regulated by Union financial services law, the relevant national authority responsible for financial supervision shall act as the market surveillance authority insofar as the AI system use is in direct connection with the provision of those financial services.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
relevant national authority responsible for financial supervision
- Sector scope
- financial institutions regulated by Union financial services law
- Action required
-
act as market surveillance authority
- Deadline
-
—
- Penalty
-
—
Obligation 5
National market surveillance authorities supervising regulated credit institutions participating in the Single Supervisory Mechanism must report without delay to the European Central Bank any information identified during market surveillance that may be of potential interest for the prudential supervisory tasks of the ECB.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
National market surveillance authorities supervising regulated credit institutions
- Sector scope
- regulated credit institutions regulated under Directive 2013/36/EU participating in the Single Supervisory Mechanism
- Action required
-
report
- Deadline
-
without delay
- Penalty
-
—
Obligation 6
Member States shall designate as market surveillance authorities for high-risk AI systems used for law enforcement, border management, justice, and democracy, or listed in points 6, 7, and 8 of Annex III, either the competent data protection supervisory authorities or any other authority designated pursuant to the same conditions laid down in Articles 41 to 44 of Directive (EU) 2016/680.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
Member States
- Sector scope
- law enforcement, border management, justice, democracy, and high-risk AI systems listed in points 6, 7, and 8 of Annex III
- Action required
-
designate
- Deadline
-
—
- Penalty
-
—
Obligation 7
Where Union institutions, bodies, offices, or agencies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as their market surveillance authority, except in relation to the Court of Justice of the European Union acting in its judicial capacity.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
European Data Protection Supervisor
- Sector scope
- Union institutions, bodies, offices or agencies
- Action required
-
act as market surveillance authority
- Deadline
-
—
- Penalty
-
—
- Exemptions
- Court of Justice of the European Union acting in its judicial capacity
Obligation 8
Member States shall facilitate coordination between market surveillance authorities designated under this Regulation and other relevant national authorities or bodies which supervise the application of Union harmonisation legislation or other Union law relevant for high-risk AI systems.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
Member States
- Action required
-
facilitate coordination
- Deadline
-
—
- Penalty
-
—
Obligation 9
Market surveillance authorities and the Commission shall be able to propose joint activities, including joint investigations, to promote compliance, identify non-compliance, raise awareness, or provide guidance regarding specific categories of high-risk AI systems presenting a serious risk across two or more Member States.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
market surveillance authorities and the Commission
- Sector scope
- high-risk AI systems presenting a serious risk across two or more Member States
- Action required
-
propose joint activities
- Deadline
-
—
- Penalty
-
—
Obligation 10
Providers of high-risk AI systems shall grant market surveillance authorities full access to documentation as well as training, validation, and testing data sets used for development, including through APIs or other technical means enabling remote access, where relevant and limited to what is necessary.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
providers
- Sector scope
- high-risk AI systems
- Action required
-
grant access
- Deadline
-
—
- Penalty
-
—
Obligation 11
Providers of high-risk AI systems shall grant market surveillance authorities access to the source code upon a reasoned request, provided that access is necessary to assess conformity and that testing or auditing procedures based on provided data and documentation have been exhausted or proved insufficient.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
providers
- Sector scope
- high-risk AI systems
- Action required
-
grant access
- Deadline
-
—
- Penalty
-
—
Obligation 12
Market surveillance authorities shall treat any information or documentation obtained in accordance with the confidentiality obligations set out in Article 78.
Regulation (EU) 2024/1689, Article 74, Article 74
- Obligated entity
-
market surveillance authorities
- Action required
-
treat in accordance with confidentiality obligations
- Deadline
-
—
- Penalty
-
—
§ Deadlines
EU AI Act compliance deadlines
-
2025-02-02
Article 5 prohibitions (unacceptable risk)
in_force
-
2025-02-02
Article 4 AI literacy
in_force
-
2025-08-02
GPAI model obligations (Articles 51 to 56)
in_force
-
2026-07-27
Regulation (EU) 2026/1744 (Digital Omnibus on AI) enters into force — AI Act applies as amended
in_force
-
2026-08-02
AI Act general date of application (Art 113) — governance, penalties and remaining provisions without a different date
in_force
-
2026-08-02
Article 50 transparency obligations (AI-interaction disclosure, labelling of deepfakes and AI-generated text, emotion-recognition notices)
in_force
-
2026-12-02
Article 50(2) machine-readable marking of AI-generated content — transition for generative AI systems placed on the market before 2 August 2026
scheduled
-
2026-12-02
NEW Article 5 prohibition: AI generation of non-consensual intimate imagery (NCII) and CSAM
scheduled
-
2027-08-02
National AI regulatory sandboxes: at least one operational per Member State (Art 57(1))
scheduled
-
2027-12-02
Annex III stand-alone high-risk obligations
scheduled
-
2028-08-02
Annex I embedded (regulated-product) high-risk obligations
scheduled
§ Frequently asked
Questions about Article 74
Who must comply with Article 74 of the AI Act?
+
European Data Protection Supervisor, Member States, National market surveillance authorities supervising regulated credit institutions, market surveillance authorities, market surveillance authorities and the Commission, providers, relevant national authority responsible for financial supervision.
What does Article 74 of the AI Act require?
+
report designate act as market surveillance authority
What is the compliance deadline for AI Act Article 74?
+
annually; without delay