European Commission Proposes Implementing Regulation for AI Act Enforcement Proceedings
The European Commission has published a draft Implementing Regulation establishing detailed procedural rules for enforcing the EU AI Act (Regulation 2024/1689) against providers of general-purpose AI models. The draft regulation, along with its accompanying annex, is open for public feedback from the 12 March to 9 April 2026.
This implementing regulation represents a significant step toward operationalising the AI Act's enforcement framework. The breadth of potential access powers, combined with tightly structured defence rights and prescriptive submission rules, underscores the importance of early engagement and procedural readiness. Once adopted, these rules will shape how the Commission investigates potential violations and the procedural rights available to providers facing enforcement action.
Providers of general-purpose AI models should monitor this consultation closely and consider submitting feedback here before the deadline.
Key Provisions
The proposed regulation addresses two critical areas of AI Act enforcement. First, it sets out arrangements for the Commission to conduct evaluations of general-purpose AI models, including provisions for appointing independent experts and establishing technical access requirements. Notably, the Commission may require providers to grant extensive access - including through APIs, source code, model weights, and hosting infrastructure - to facilitate thorough evaluations.
Second, the regulation introduces procedural safeguards for enforcement proceedings that may result in fines under Article 101(1) of the AI Act. These safeguards include formal procedures for opening and closing proceedings, rights to be heard, access to file provisions, and limitation periods for issuing and enforcing fines. These are supplemented by the Annex, which imposes strict requirements on the format, length and presentation of submissions, including page limits and technical specifications.
Practical Implications for Providers
Of particular interest to AI model providers are the requirements for responding to preliminary findings. Written observations must be submitted within a minimum of 14 days, may not exceed 50 pages, and must follow strict formatting requirements set out in the annex - including specific font sizes, margins, and electronic processing compatibility.
The regulation also empowers the Commission to order interim measures on grounds of urgency where there is a risk of serious harm to health, safety, or other public interests.
