Article 93: Power to Request Measures

Article 93 is the AI Office's primary enforcement tool for GPAI model providers. It creates an escalation ladder with increasing pressure:

1. Step 1 — Request for measures: The AI Office may request a GPAI model provider to take appropriate measures to comply with its obligations. This is a soft first step — essentially, "we see a problem, please fix it." 2. Step 2 — Request for additional information: If the AI Office considers that the information received from the provider is insufficient, it may request further information. This prevents providers from responding with inadequate or evasive submissions. 3. Step 3 — Specific measures with deadline: Where the provider fails to comply with the initial request, the AI Office may request the provider to take specific measures within a set timeframe. This is a formal directive that identifies precisely what the provider must do and by when. 4. Step 4 — Commission fines: If the provider still fails to comply, the matter is escalated to the Commission, which may impose fines under Article 100. This is the financial backstop that gives the earlier steps their teeth.

This graduated approach gives providers opportunities to remedy non-compliance before facing financial penalties, while ensuring the AI Office has an effective path to enforcement.

• Article 51 — Classification of GPAI models with systemic risk: Article 93 enforcement powers are particularly important for models classified as having systemic risk.
• Article 52 — Obligations for providers of GPAI models: the baseline obligations that Article 93 enforces.
• Article 55 — Obligations for providers of GPAI models with systemic risk: the enhanced obligations whose enforcement Article 93 supports.
• Article 100 — Fines for providers of GPAI models: the financial backstop for Article 93 non-compliance.
• Article 113 — Application dates: GPAI model obligations and enforcement apply from 2 August 2025 (one year after entry into force).

For providers of GPAI models:

1. Take initial requests seriously — An Article 93 request is the start of a formal enforcement process. Responding inadequately or dismissively accelerates escalation toward fines. Treat every AI Office communication as a legal proceeding. 2. Respond substantively — When the AI Office requests additional information, provide detailed, technical responses that directly address the identified gaps. Marketing materials, vague assurances, or boilerplate language will be treated as insufficient. 3. Negotiate timelines proactively — If the AI Office sets a deadline for specific measures that is genuinely unachievable, engage constructively to negotiate an achievable timeline rather than missing the deadline. 4. Document compliance efforts — Keep detailed records of all measures taken in response to AI Office requests. This documentation serves as evidence of good faith cooperation and may be relevant to penalty mitigation under Article 91 if fines are ultimately imposed. 5. Engage legal counsel early — Article 93 proceedings can escalate to Commission fines. Involve legal counsel from the first request, not after escalation. 6. Coordinate with Article 94 rights — Remember that you have procedural rights under Article 94, including the right to be heard before any decision is taken. Exercise these rights actively.

Article 93

Power to request measures

1. Where necessary and appropriate, the Commission may request providers to:

(a) take appropriate measures to comply with the obligations set out in Articles 53 and 54;

(b) implement mitigation measures, where the evaluation carried out in accordance with Article 92 has given rise to serious and substantiated concern of a systemic risk at Union level;

(c) restrict the making available on the market, withdraw or recall the model.

2. Before a measure is requested, the AI Office may initiate a structured dialogue with the provider of the general-purpose AI model.

3. If, during the structured dialogue referred to in paragraph 2, the provider of the general-purpose AI model with systemic risk offers commitments to implement mitigation measures to address a systemic risk at Union level, the Commission may, by decision, make those commitments binding and declare that there are no further grounds for action.