Article 94 of Regulation (EU) 2024/1689 — Procedural rights of GPAI economic operators. Official text, practical interpretation, key obligations and compliance implications.
Article 94 is the shortest article in the enforcement section and carries the rule of law into it: GPAI providers subject to the Commission's Section 5 powers keep the procedural rights of Regulation (EU) 2019/1020 — applied mutatis mutandis.
Official Text Summary
Article 18 of Regulation (EU) 2019/1020 — the horizontal Market Surveillance Regulation — applies mutatis mutandis to providers of general-purpose AI models, without prejudice to the more specific procedural rights provided in the AI Act itself. In substance that means the enforcement powers of Section 5 operate inside classic administrative-law guarantees: measures must state the exact grounds on which they are based, the provider must be given the opportunity to be heard within a reasonable period before adverse measures are adopted, and the remedies available under national and Union law must be communicated. Urgency can compress the hearing — it cannot abolish it: the operator must then be heard as soon as possible afterwards.
Key Obligations
- Article 18 of Regulation (EU) 2019/1020 — the Market Surveillance Regulation — applies mutatis mutandis to providers of general-purpose AI models
- In substance: the right to be heard before adverse measures, reasoned decisions, and available remedies
- These guarantees operate without prejudice to the more specific procedural rights in the AI Act itself, such as those built into Articles 92 and 93
Compliance Timeline
Applies from 2 August 2026; the 2026 Digital Omnibus deferred the substantive high-risk obligations (Annex III to 2 December 2027, Annex I to 2 August 2028) but did not move this provision.
Official AI Act Compliance Deadline Calendar
Updated · Sources: Regulation (EU) 2024/1689 and the 2026 Digital Omnibus on AI.
| Obligation | Applies to | Original date | New date | Status | Countdown | Legal basis |
|---|---|---|---|---|---|---|
| Prohibited Practices (Art. 5) | All providers and deployers | active | — | AI Act Art. 5 | ||
| GPAI Rules (Chapter 5) | GPAI model providers | active | — | AI Act Art. 51-56 | ||
| Commission Enforcement Powers over GPAI | GPAI model providers | active | — | AI Act Art. 88-94, 101 | ||
| Transparency Obligations (Art. 50) | Providers and deployers of chatbots, generative, emotion recognition systems | active | — | AI Act Art. 50 | ||
| New Art. 5 Prohibition (CSAM / non-consensual intimate imagery) | Providers and deployers of generative AI systems | active | — | AI Omnibus 2026 Art. 5 | ||
| AI-Generated Content Marking (pre-existing systems) | Providers of generative AI systems on the market before 2 Aug 2026 | active | — | AI Act Art. 50(2) — transitional | ||
| Regulatory Sandboxes | National competent authorities | deferred | — | AI Omnibus 2026 Art. 57 | ||
| High-risk AI — Annex III (standalone) | Providers of standalone Annex III systems | deferred | — | AI Omnibus 2026 Art. 6(2) | ||
| High-risk AI — Annex I (embedded) | AI embedded in Annex I regulated products | deferred | — | AI Omnibus 2026 Art. 6(1) |
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AI Act meets DORA and NIS2
Is your organisation subject to both the AI Act and DORA? The two regulations intersect on the operational resilience of financial AI systems. Our sister site regulation-dora.eu covers DORA in depth — including what the AI Act adds on top of an existing DORA programme.
The AI Act for financial institutions ↗ Explore regulation-dora.eu ↗Frequently Asked Questions
Because Section 5 concentrates unprecedented supervisory power over frontier models in a single institution. Article 94 anchors that power to the procedural acquis — reasons, hearing, remedies — making Commission measures reviewable rather than discretionary.
Use the hearing to build the record: every response to an Article 91 request, evaluation finding or draft measure becomes the file a court will later review. Procedural rights are most valuable when exercised early and in writing, not raised for the first time in an annulment action.
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