The EU AI Office does not enforce most of the AI Act. It is a European Commission unit, inside the Directorate-General for Communications Networks, Content and Technology (DG CNECT), with exclusive competence over general-purpose AI (GPAI) models. Day-to-day enforcement against high-risk AI systems — the category covering most tools used in universities, funders and public research bodies — falls to each Member State’s national market surveillance authority, not the AI Office.
The EU AI Office is the Commission’s central coordinating body for Regulation (EU) 2024/1689 (the AI Act), responsible for supervising GPAI models, chairing the technical governance structure and preparing Commission guidance — while national authorities retain enforcement power over almost everything else.
What is the EU AI Office?
The AI Office was established by a European Commission decision in January 2024, alongside political agreement on the AI Act. It sits within DG CNECT rather than as a stand-alone agency, and functions legally as part of the Commission — so references to “the AI Office” in the Act’s text are references to the Commission acting through that unit.
Its headquarters are in Brussels. Wikipedia’s infobox for the European Artificial Intelligence Office records around 60 staff at 2024 launch, projected above 140, under Director Lucilla Sioli. The Office also acts as Secretariat to the European AI Board, the forum of one representative per Member State coordinating national implementation.
- Supervises GPAI model providers under AI Act Chapter V
- Drafts codes of practice, guidelines and implementing acts for the Commission
- Coordinates joint investigations across Member States on cross-border AI risk
- Runs the AI Act Service Desk and single information platform
- Chairs the scientific panel of independent experts monitoring systemic-risk models
Who actually enforces the AI Act — the AI Office or national authorities?
Enforcement is split by system type, not centralised in one body. The AI Office’s remit is narrow but powerful: only GPAI models and systems — the foundation models underpinning many downstream research tools. Everything else, including the high-risk systems a university, funder or public research agency is far more likely to deploy directly, is enforced nationally.
Each Member State designates one or more market surveillance authorities (MSAs) under Article 74, alongside a “notifying authority” overseeing conformity-assessment bodies. Because States may designate sector-specific bodies rather than one regulator, the map is fragmented: CMS Law’s 2025 enforcement analysis notes that, once sectoral designations are counted, several thousand bodies across the EU can hold market-surveillance-authority status, with AI systems now added to their remit.
A separate rule applies to the EU’s own institutions. Under Article 74(9), the European Data Protection Supervisor (EDPS) is the market surveillance authority for AI systems used by EU institutions, bodies, offices and agencies — relevant to EU-funded research infrastructures and executive agencies, as distinct from national universities and funders.
| Body | Enforces | Covers | Key power |
|---|---|---|---|
| EU AI Office | GPAI model obligations (Chapter V) | Foundation-model providers, EU-wide | Model evaluations, mitigation orders, market withdrawal |
| National market surveillance authority | High-risk and other AI system obligations | Deployers/providers within one Member State, incl. universities and public bodies | Inspections, corrective orders, fines |
| European Data Protection Supervisor | All AI Act obligations | EU institutions, bodies, offices and agencies | Fines against EU public administration |
| European AI Board | Coordination, not direct enforcement | All 27 Member States (via national reps) | Consistency, joint-investigation coordination |
Does the research exemption apply to universities and public bodies?
Partly, and the boundary matters more than most explainers acknowledge. Article 2(8) states that obligations do not apply to research, testing or development activity on an AI system before it is placed on the market or put into service. Article 2(6) separately exempts systems developed and used for the sole purpose of scientific research and development.
Neither carve-out protects a university once it moves from research into operational use. Annex III(3) classifies AI systems used to evaluate exam answers, determine admission or assess applicants as high-risk. A plagiarism-detection or admissions-scoring tool a university actually deploys against students is therefore fully in scope — and, because most universities and funders are “bodies governed by public law”, Article 27 requires a fundamental rights impact assessment (FRIA) before deployment.
How can research institutions and public bodies seek guidance?
Three channels exist, and institutions frequently default to the wrong one. The AI Act Service Desk (ai-act-service-desk.ec.europa.eu) is the Commission’s central portal where any stakeholder, including a university legal office or funder’s compliance team, can submit a question and get an answer from a Commission-coordinated expert team; it is the right first stop for interpretive questions on scope, classification or the research exemptions above.
For enforcement-specific queries — “is our deployed system high-risk, and what must we file?” — the correct contact is the national market surveillance authority in the institution’s own Member State, not the AI Office, which has no jurisdiction over nationally-deployed high-risk systems. EU-affiliated bodies should instead approach the EDPS. National governments must separately establish AI regulatory sandboxes, giving public research bodies a supervised route to trial new systems before full-scale deployment.
What are the penalties for AI Act non-compliance?
Article 99 sets three fine tiers, using the higher figure for large organisations and the lower for SMEs and start-ups:
- Up to €35 million or 7% of global annual turnover for breaching prohibited AI practices (Article 5)
- Up to €15 million or 3% of global annual turnover for breaching most other provider or deployer obligations
- Up to €7.5 million or 1% of global annual turnover for supplying incorrect, incomplete or misleading information to authorities or notified bodies
Article 101 gives the Commission a separate fining power against GPAI model providers, up to 3% of worldwide annual turnover or €15 million, whichever is higher, for infringements the AI Office identifies through model evaluation. Public-sector bodies are not exempt from Article 99 fines, though Member States retain some discretion over how penalties apply to public administration.
Providers can reduce GPAI exposure by signing the General-Purpose AI Code of Practice, published by the AI Office in 2025 with independent experts across transparency, copyright and safety/security chapters. Adherence is voluntary but, pending harmonised standards, creates a presumption of conformity — worth knowing for institutions procuring GPAI tools from signatory vendors.
Answer-first questions on the EU AI Office
Where is the EU AI Office?
The EU AI Office is headquartered in Brussels, inside the European Commission’s Directorate-General for Communications Networks, Content and Technology (DG CNECT). It is not a separate legal agency; it operates as a Commission unit with its own director, staff and published mandate under the AI Act’s governance provisions.
Who is the head of the EU AI Office?
The EU AI Office is led by Director Lucilla Sioli, who reports within DG CNECT’s management structure. The director’s mandate covers GPAI supervision, Secretariat duties for the European AI Board, and coordination of the scientific panel of independent experts that monitors systemic-risk models.
What is a market surveillance authority?
A market surveillance authority is the national body a Member State designates to monitor, inspect and take corrective or punitive action against non-compliant products — including, under the AI Act, high-risk AI systems deployed within that country’s territory, such as university admissions or assessment tools.
What is post-market monitoring under the AI Act?
Post-market monitoring is the ongoing obligation on providers and deployers of high-risk AI to actively collect and analyse performance data after deployment. It feeds directly into market surveillance authority oversight, giving regulators evidence to investigate serious incidents or systemic risk once a system is in real-world use.
Implications for research administrators
The practical takeaway is that “who do we ask” and “who can fine us” are different questions with different answers. The AI Office is the right destination for interpretive guidance on GPAI; the national market surveillance authority holds actual enforcement jurisdiction over a deployed high-risk system inside a research institution.
As GPAI-based tools proliferate across grant review, plagiarism screening and admissions, institutions that conflate the AI Office’s central mandate with national enforcement risk misdirecting queries and missing the FRIA obligations Article 27 attaches to public bodies. Building this literacy now, ahead of the Act’s staged 2025–2027 application timeline, is cheaper than resolving a misdirected enforcement dispute later. For related governance context, see CASRAI’s research administration resources.