Article 76 — Supervision of Testing in Real World Conditions

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.

104/144 ELI: http://data.europa.eu/eli/reg/2024/1689/oj
OJ L, 12.7.2024 EN

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.