ISHIGHRISK AI
Implementation tracker

National competent authorities and penalties

Which Member States have designated their AI Act market surveillance and notifying authorities under Article 70, and set national penalties under Article 99.

Reviewed 22 July 2026Regulation (EU) 2024/1689, as amended by the Digital Omnibus
In short

Under Article 70 every Member State had to designate at least one notifying authority and at least one market surveillance authority by 2 August 2025, and under Article 99(1) lay down national penalty rules and notify the Commission by the same date. Many did not. This page tracks the current, sourced position for each of the 27 Member States: which authority supervises AI on the market, which oversees conformity-assessment bodies, and whether national penalties are adopted, in draft or absent. Rows are populated only from official sources and marked unverified otherwise, because a wrong authority name is worse than an honest gap. General-purpose AI model obligations are enforced centrally by the AI Office under Article 88, not by these national bodies.

The EU AI Act is a Regulation, so it applies directly across the Union, but its day-to-day enforcement is national. Article 70 hands each Member State the job of naming the authorities that supervise AI systems and oversee the bodies that certify them, and Article 99 hands them the job of setting the penalties that give the Regulation teeth in their jurisdiction. Where a Member State has done neither, the obligations still bind, but the machinery that enforces them locally is not yet in place. This tracker records who has built that machinery and who has not.

The two authority types, and what each one does

Article 70 requires each Member State to designate, as national competent authorities, at least one of two kinds of body. They do different jobs, and it matters which one you are dealing with.

  • Market surveillance authority. The supervisor and enforcer. It watches systems on the market, handles complaints, investigates, and can restrict, withdraw or recall a non-compliant system. For a provider or deployer, this is the authority that acts. Art 70, Art 74
  • Notifying authority. The body that sets up and oversees the conformity-assessment bodies, the notified bodies that assess certain high-risk systems before they reach the market. It sits on the certification side rather than the enforcement side. Art 28, Art 70

A Member State can place both functions in one body or split them, and it can route different sectors to different regulators. For high-risk AI used by regulated financial institutions, for instance, the market surveillance authority is the existing financial supervisor rather than a general AI regulator, a point that also shapes credit scoring and insurance systems. General-purpose AI models sit outside this structure entirely: their obligations are enforced by the AI Office at Union level under Article 88.

The Article 70 deadline, and who missed it

The date to hold in mind is 2 August 2025. By then, under Article 70, each Member State had to have designated its notifying and market surveillance authorities and made their identity and contact details public. The same date, under Article 99(1), applied to adopting national penalty rules and notifying the Commission of them. Both deadlines have passed.

Compliance has been uneven. Some Member States moved early: Spain, for example, established a dedicated supervisory agency, AESIA, by national decree well ahead of the deadline. Others named existing regulators, split the role across several bodies, or had not published a settled designation when the date arrived. That unevenness is not a footnote. It changes where, and how quickly, a system in your estate can actually be challenged, and it is the reason a per-Member-State view is worth keeping.

The tracker

Every one of the 27 Member States has a row, so the gaps are as visible as the designations. Sort by any column: penalty regime to group by enforcement readiness, Member State to find a jurisdiction, or Last verified to see what has been confirmed most recently. A row with no source has not been verified against a primary page and is marked accordingly, rather than filled with a guess.

National competent authorities and penalty regimes under the EU AI Act. Sort any column. Rows with no source are not yet verified.
Source
AustriaUnverifiedUnverifiedUnverified
BelgiumUnverifiedUnverifiedUnverified
BulgariaUnverifiedUnverifiedUnverified
CroatiaUnverifiedUnverifiedUnverified
CyprusUnverifiedUnverifiedUnverified
CzechiaUnverifiedUnverifiedUnverified
DenmarkUnverifiedUnverifiedUnverified
EstoniaUnverifiedUnverifiedUnverified
FinlandUnverifiedUnverifiedUnverified
FranceUnverifiedUnverifiedUnverified
GermanyUnverifiedUnverifiedUnverified
GreeceUnverifiedUnverifiedUnverified
HungaryUnverifiedUnverifiedUnverified
IrelandUnverifiedUnverifiedUnverified
ItalyUnverifiedUnverifiedUnverified
LatviaUnverifiedUnverifiedUnverified
LithuaniaUnverifiedUnverifiedUnverified
LuxembourgUnverifiedUnverifiedUnverified
MaltaUnverifiedUnverifiedUnverified
NetherlandsUnverifiedUnverifiedUnverified
PolandUnverifiedUnverifiedUnverified
PortugalUnverifiedUnverifiedUnverified
RomaniaUnverifiedUnverifiedUnverified
SlovakiaUnverifiedUnverifiedUnverified
SloveniaUnverifiedUnverifiedUnverified
SpainAgencia Española de Supervisión de la IA (AESIA)UnverifiedUnverifiedSource ↗
SwedenUnverifiedUnverifiedUnverified

Read an unverified row as “not yet confirmed”, not as “none”. An empty authority field means we have not confirmed a designation against an official source at the last check, which frequently coincides with a Member State that has not published a clear one. If you need the position for a specific country for a filing or an opinion, follow the source link and confirm it directly, and tell us if you find an official designation we are missing.

National penalty regimes under Article 99

The headline penalty numbers belong to the Regulation, but the power to impose them is national. Article 99(1) requires Member States to lay down the rules on penalties and other enforcement measures and to ensure they are properly implemented, within the ceilings the Regulation fixes: the higher of 35,000,000 EUR or 7 percent of total worldwide annual turnover for prohibited practices, 15,000,000 EUR or 3 percent for most other breaches including the high-risk and Article 50 duties, and 7,500,000 EUR or 1 percent for supplying incorrect information. The full tier structure is set out on the penalties and enforcement page.

What varies by Member State is whether those national rules exist yet, and the tracker's penalty-regime badge records that: adopted, in draft, none, or unverified. Where a national regime is not in force, imposing a fine domestically can be delayed, but the substantive obligations still apply and a market surveillance authority can still order a non-compliant system restricted or withdrawn. The tracker keeps every status unverified until it is confirmed against a primary source, so an absence of confirmation is never presented as a confirmed absence.

What a designation gap means for your exposure

It is tempting to read a missing national authority as breathing room. That is the wrong lesson. The obligations in the Regulation apply on their own timetable regardless of whether a Member State has named its authorities, and enforcement gaps close, often retroactively in effect, once designation and penalty rules catch up. A system that is non-compliant today is non-compliant when the authority is finally stood up, and the documentation you did or did not keep is judged from the date the duty applied, not the date the regulator arrived.

The practical exposure also does not depend only on your home Member State. If you place a system on the market or your output is used across the Union, you can face the market surveillance authority of any Member State where the system operates, which is part of why territorial scope and your role decide your exposure more than your letterhead does. The right posture is to be compliant against the application dates and to treat the designation tracker as intelligence about enforcement timing, not as a checklist of who can currently reach you.

How this tracker is sourced and kept honest

The value of a table like this is only as good as its sourcing, so the rules behind it are deliberately strict. A field is populated only from an official national authority page or a Commission or AI Office publication, never from a secondary summary. Anything not confirmed that way is marked unverified with no source, and the Last verified column shows the date a person last checked the row against its primary source. When a designation or penalty law is published or changed, the row is updated from the official source and the change is recorded in the site changelog. If you maintain or can point to an official designation that belongs here, that correction is welcome, and it is the fastest way to move a row from unverified to confirmed. To classify a specific system against these authorities, run it through the free triage classifier. The primary framework text is on EUR-Lex and the Commission's AI policy pages.

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Frequently asked questions

Which authority enforces the EU AI Act in my country?

For most obligations it is your national market surveillance authority, the body each Member State designates under Article 70 to supervise AI systems on its market and act against non-compliant ones. Which authority that is depends entirely on national designation, and Member States have taken different routes: some named a single new agency, others split the role across existing sectoral regulators, and some had not finalised the choice by the Article 70 deadline of 2 August 2025. General-purpose AI model obligations are different, enforced centrally by the AI Office under Article 88 rather than by a national authority. Use the tracker on this page to see the current, sourced position for each Member State.

What is the difference between a notifying and a market surveillance authority?

They do different jobs. A notifying authority, under Article 28, sets up and oversees the conformity-assessment bodies (notified bodies) that assess certain high-risk systems, so it sits on the certification side. A market surveillance authority, under Articles 70 and 74, supervises systems once they are on the market, investigates complaints, and can restrict, withdraw or recall a non-compliant system. Article 70 requires each Member State to have at least one of each. For a provider or deployer facing enforcement, the market surveillance authority is usually the one that matters, because it is the body that acts against a system in use.

When were Member States supposed to designate their AI Act authorities?

By 2 August 2025. Article 70 required each Member State to establish or designate at least one notifying authority and at least one market surveillance authority as national competent authorities by that date, and to make their identity and contact details public. The same date under Article 99(1) applied to laying down national penalty rules and notifying the Commission of them. Both deadlines have passed, and not every Member State met them, which is the coverage gap this tracker exists to record.

Can I be fined if my country has not set national penalties yet?

The picture is mixed, and it does not mean you are safe. The Article 99 penalty ceilings, up to 35,000,000 EUR or 7 percent of worldwide annual turnover for prohibited practices, sit in the Regulation itself, but Article 99(1) leaves the actual penalty rules and their imposition to national law. Where a Member State has not yet adopted those rules, domestic enforcement of a fine can be delayed, though the underlying obligations still apply and a market surveillance authority can still order a system restricted or withdrawn. General-purpose AI model obligations are enforced centrally by the AI Office regardless of national penalty law. Treat a missing national regime as a timing gap, not an exemption.

Why are so many rows in this tracker marked unverified?

Because we only populate a field from an official national authority page or a Commission publication, and we mark everything else unverified rather than guess. An authority name copied from a news report or a law-firm summary is exactly the kind of error that would undermine the table, so a row stays empty until it is confirmed against a primary source, with the date of that check shown in the Last verified column. The gaps are also informative in their own right: an unverified row often reflects a Member State that has genuinely not published a clear designation.

How often is the tracker updated?

It is maintained alongside the rest of the site, which is verified against the consolidated Regulation (EU) 2024/1689 as amended by the Digital Omnibus. When a Member State publishes or changes a designation or a penalty law, the corresponding row and its Last verified date are updated from the official source, and the change is recorded in the site changelog. If you rely on a specific row for a filing or an opinion, confirm it against the linked source, because national designations are still moving.

This page is triage guidance, not legal advice. It reflects Regulation (EU) 2024/1689 as amended by the Digital Omnibus, reviewed 22 July 2026, when the Omnibus was adopted and signed but awaiting Official Journal publication. Final classification for ambiguous cases needs qualified counsel.