---
title: "Art. 76 AI Act: Supervision of testing in real world conditions by market surveillance authorities"
canonical: "https://dposchool.com/ai-act/article/76"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02024R1689-20260727#art_76"
source_note: "Source: Regulation (EU) 2024/1689, OJ L, 2024/1689, 12.7.2024; articles and annexes from the consolidated text 02024R1689-20260727. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-07-27"
language: "en"
publisher: "DPO School"
---

Art. 76 AI Act · Chapter IX: POST-MARKET MONITORING, INFORMATION SHARING AND MARKET SURVEILLANCE · Section 3: Enforcement

# Article 76 AI Act: Supervision of testing in real world conditions by market surveillance authorities

Consolidated text of 27 July 2026. Retrieved 30 October 2026.

## Official text

### Article 76(1)

**1.** Market surveillance authorities shall have competences and powers to ensure that testing in real world conditions is in accordance with this Regulation.

Where testing in real world conditions is based on Article 60a, any reference to a market surveillance authority in this Article shall be construed as a reference to the national competent authority or appropriate authority under the Union harmonisation legislation listed in Section B of Annex I, and references to Article 60 shall be construed as references to Article 60a, as appropriate.

### Article 76(2)

**2.** Where testing in real world conditions is conducted for AI systems that are supervised within an AI regulatory sandbox under Article 58, the market surveillance authorities shall verify the compliance with Article 60 as part of their supervisory role for the AI regulatory sandbox. Those authorities may, as appropriate, allow the testing in real world conditions to be conducted by the provider or prospective provider, in derogation from the conditions set out in Article 60(4), points (f) and (g).

### Article 76(3)

**3.** Where a market surveillance authority has been informed by the prospective provider, the provider or any third party of a serious incident or has other grounds for considering that the conditions set out in Articles 60 and 61 are not met, it may take either of the following decisions on its territory, as appropriate:

#### Article 76(3)(a)

**(a)** to suspend or terminate the testing in real world conditions;

#### Article 76(3)(b)

**(b)** to require the provider or prospective provider and the deployer or prospective deployer to modify any aspect of the testing in real world conditions.

### Article 76(4)

**4.** Where a market surveillance authority has taken a decision referred to in paragraph 3 of this Article, or has issued an objection within the meaning of Article 60(4), point (b), the decision or the objection shall indicate the grounds therefor and how the provider or prospective provider can challenge the decision or objection.

### Article 76(5)

**5.** Where applicable, where a market surveillance authority has taken a decision referred to in paragraph 3, it shall communicate the grounds therefor to the market surveillance authorities of other Member States in which the AI system has been tested in accordance with the testing plan.

## Source

Source: Regulation (EU) 2024/1689, OJ L, 2024/1689, 12.7.2024; articles and annexes from the consolidated text 02024R1689-20260727. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 76 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02024R1689-20260727#art_76)

Consolidated text of 27 July 2026. Retrieved 30 October 2026.

This is reference material, not legal advice.

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