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Article 73

UpcomingConditional timing

Report and Investigate Serious Incidents Involving High-Risk AI

Applies to Provider; High-Risk AI.

Actors
Provider
AI class
High-Risk AI
Themes
Monitoring, Reporting & ImprovementGovernance & Accountability

Tracker Guidance

Report serious incidents involving high-risk AI to the market-surveillance authority of the Member State where the incident occurred within the applicable deadline, then investigate the incident, reassess risk, implement corrective action and cooperate with authorities. Where Article 75(1a) assigns supervisory competence to the AI Office, use the AI Office reporting route reflected in the separate Article 75 library record.

Official text

Article 73Official source
1. Providers of high-risk AI systems placed on the Union market shall report any serious incident to the market surveillance authorities of the Member States where that incident occurred. 2. The report referred to in paragraph 1 shall be made immediately after the provider has established a causal link between the AI system and the serious incident or the reasonable likelihood of such a link, and, in any event, not later than 15 days after the provider or, where applicable, the deployer, becomes aware of the serious incident. The period for the reporting referred to in the first subparagraph shall take account of the severity of the serious incident. 3. Notwithstanding paragraph 2 of this Article, in the event of a widespread infringement or a serious incident as defined in Article 3, point (49)(b), the report referred to in paragraph 1 of this Article shall be provided immediately, and not later than two days after the provider or, where applicable, the deployer becomes aware of that incident. 4. Notwithstanding paragraph 2, in the event of the death of a person, the report shall be provided immediately after the provider or the deployer has established, or as soon as it suspects, a causal relationship between the high-risk AI system and the serious incident, but not later than 10 days after the date on which the provider or, where applicable, the deployer becomes aware of the serious incident. 5. Where necessary to ensure timely reporting, the provider or, where applicable, the deployer, may submit an initial report that is incomplete, followed by a complete report. [Excerpt - see official source for complete provision]

Excerpt stored at a complete legal-unit boundary. See the official source for the full provision.

Timing depends on the system

  • 2 Dec 2027 — Article 6(2) / Annex III high-risk AI
  • 2 Aug 2028 — Article 6(1) / Annex I Section A high-risk AI
  • 2 Dec 2027 — Pre-existing Annex III high-risk AI type/model first placed on the market or put into service before 2027-12-02
  • 2 Aug 2028 — Pre-existing Article 6(1) / Annex I high-risk AI type/model first placed on the market or put into service before 2028-08-02
  • 2 Aug 2030 — Pre-existing high-risk AI intended to be used by public authorities

Sub-obligations

These are independently assessable parts of the parent requirement.

  1. Article 73(1)-(2)

    Upcoming

    Report High-Risk AI Serious Incidents Within the Standard 15-Day Maximum

    Tracker Guidance

    Report a serious incident immediately after establishing a causal link or reasonable likelihood of a link and no later than 15 days after the provider or, where applicable, deployer becomes aware of the incident, taking severity into account.

    Official text

    Article 73(1)-(2)Official source
    1. Providers of high-risk AI systems placed on the Union market shall report any serious incident to the market surveillance authorities of the Member States where that incident occurred. 2. The report referred to in paragraph 1 shall be made immediately after the provider has established a causal link between the AI system and the serious incident or the reasonable likelihood of such a link, and, in any event, not later than 15 days after the provider or, where applicable, the deployer, becomes aware of the serious incident. The period for the reporting referred to in the first subparagraph shall take account of the severity of the serious incident.

  2. Article 73(3)

    Upcoming

    Report Widespread Infringements and Specified Serious Incidents Within Two Days

    Tracker Guidance

    For a widespread infringement or a serious incident within Article 3(49)(b), report immediately and no later than two days after awareness.

    Official text

    Article 73(3)Official source
    3. Notwithstanding paragraph 2 of this Article, in the event of a widespread infringement or a serious incident as defined in Article 3, point (49)(b), the report referred to in paragraph 1 of this Article shall be provided immediately, and not later than two days after the provider or, where applicable, the deployer becomes aware of that incident.

  3. Article 73(4)

    Upcoming

    Report High-Risk AI Incidents Involving Death Within Ten Days

    Tracker Guidance

    Where a person has died, report immediately after establishing or suspecting a causal relationship and no later than ten days after awareness.

    Official text

    Article 73(4)Official source
    4. Notwithstanding paragraph 2, in the event of the death of a person, the report shall be provided immediately after the provider or the deployer has established, or as soon as it suspects, a causal relationship between the high-risk AI system and the serious incident, but not later than 10 days after the date on which the provider or, where applicable, the deployer becomes aware of the serious incident.

  4. Article 73(6)

    Upcoming

    Investigate Serious Incidents, Reassess Risk and Take Corrective Action Without Delay

    Tracker Guidance

    After reporting a serious incident, investigate without delay, including a risk assessment of the incident and corrective action.

    Official text

    Article 73(6)Official source
    6. Following the reporting of a serious incident pursuant to paragraph 1, the provider shall, without delay, perform the necessary investigations in relation to the serious incident and the AI system concerned. This shall include a risk assessment of the incident, and corrective action. The provider shall cooperate with the competent authorities, and where relevant with the notified body concerned, during the investigations referred to in the first subparagraph, and shall not perform any investigation which involves altering the AI system concerned in a way which may affect any subsequent evaluation of the causes of the incident, prior to informing the competent authorities of such action.

  5. Article 73(6)

    Upcoming

    Cooperate With Authorities During Serious-Incident Investigations and Preserve the System for Causal Evaluation

    Tracker Guidance

    Cooperate with competent authorities and the notified body where relevant, and do not alter the AI system in a way that could affect later causal evaluation before informing competent authorities.

    Official text

    Article 73(6)Official source
    6. Following the reporting of a serious incident pursuant to paragraph 1, the provider shall, without delay, perform the necessary investigations in relation to the serious incident and the AI system concerned. This shall include a risk assessment of the incident, and corrective action. The provider shall cooperate with the competent authorities, and where relevant with the notified body concerned, during the investigations referred to in the first subparagraph, and shall not perform any investigation which involves altering the AI system concerned in a way which may affect any subsequent evaluation of the causes of the incident, prior to informing the competent authorities of such action.
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Article 73: Report and Investigate Serious Incidents Involving High-Risk AI | EU AI Act Library