European Union: European Commission opened consultation on draft implementing regulation on conduct of certain proceedings pursuant to AI Act including enforcement procedures

On 12 March 2026, the European Commission opened a consultation on the draft Implementing Regulation on detailed arrangements for the conduct of certain proceedings pursuant to the Artificial Intelligence Act, until 9 April 2026. The draft outlines the procedures for initiating and concluding proceedings against providers of general-purpose AI models. It also provides for the possibility of interim measures in urgent situations where risks to health or safety may arise. The draft sets out procedural safeguards, including the right of addressees to submit written observations on preliminary findings within a minimum period of 14 days. The draft further establishes rules on the identification and protection of business secrets, allowing non-confidential versions of documents to be disclosed to legal counsel and experts under specified conditions. It also sets limitation periods for enforcement, including a five-year period for the Commission to impose fines for infringements. In addition, the draft specifies requirements for digital communication with the Commission, including the use of qualified electronic signatures for submitted documents. It outlines criteria for assessing the independence of experts involved in evaluations, requiring that they have no shared ownership, governance, or contractual relationships with AI providers during the 12 months preceding the evaluation. Appointed experts must also commit to safeguarding the confidentiality, availability, and integrity of sensitive information and business secrets accessed during testing activities. The text indicates that experts should generally be selected through open and transparent procedures, while allowing the Commission to appoint members of the scientific panel established under Article 68 of the Artificial Intelligence Act directly. It also provides that such appointments may be made in accordance with the procedure set out in Article 167 of the EU Financial Regulation. The draft is expected to enter into force on the twentieth day following its publication in the Official Journal of the European Union.