The Articles of the AI Liability Directive (Proposal 28.9.2022)



Article 5, Evaluation and targeted review.

1. By [DATE five years after the end of the transposition period], the Commission shall review the application of this Directive and present a report to the European Parliament, to the Council and to the European Economic and Social Committee, accompanied, where appropriate, by a legislative proposal.


2. The report shall examine the effects of Articles 3 and 4 on achieving the objectives pursued by this Directive. In particular, it should evaluate the appropriateness of no-fault liability rules for claims against the operators of certain AI systems, as long as not already covered by other Union liability rules, and the need for insurance coverage, while taking into account the effect and impact on the roll-out and uptake of AI systems, especially for SMEs.


3. The Commission shall establish a monitoring programme for preparing the report pursuant to paragraphs 1 and 2, setting out how and at what intervals the data and other necessary evidence will be collected. The programme shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data and other evidence. For the purposes of that programme, Member States communicate the relevant data and evidence to the Commission, by [31 December of the second full year following the end of the transposition period] and by the end of each subsequent year.