# Recital (161)

It is necessary to clarify the responsibilities and competences at Union and national level as regards AI systems that 
are built on general-purpose AI models. To avoid overlapping competences, where an AI system is based on 
a general-purpose AI model and the model and system are provided by the same provider, the supervision should 
and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing 
Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) 
No 1093/2010 (OJ L 60, 28.2.2014, p. 34).
2.2.2016, p. 19).
policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).

take place at Union level through the AI Office, which should have the powers of a market surveillance authority 
within the meaning of Regulation (EU) 2019/1020 for this purpose. In all other cases, national market surveillance 
authorities remain responsible for the supervision of AI systems. However, for general-purpose AI systems that can 
be used directly by deployers for at least one purpose that is classified as high-risk, market surveillance authorities 
should cooperate with the AI Office to carry out evaluations of compliance and inform the Board and other market 
surveillance authorities accordingly. Furthermore, market surveillance authorities should be able to request 
assistance from the AI Office where the market surveillance authority is unable to conclude an investigation on 
a high-risk AI system because of its inability to access certain information related to the general-purpose AI model 
on which the high-risk AI system is built. In such cases, the procedure regarding mutual assistance in cross-border 
cases in Chapter VI of Regulation (EU) 2019/1020 should apply mutatis mutandis.

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/161