National market surveillance authorities and the national data protection authorities of Member States that have been notified of the use of ‘realtime’ remote biometric-identification systems in publicly accessible spac es for law enforcement purposes pursuant to paragraph 4 shall submit to the Commission annual reports on such use. For that purpose, the Commission shall provide Member States and national market surveillance and data protection authorities with a template , including information on the number of the decisions taken by competent judicial authorities or an independent administrative authority whose decision is binding upon requests for authorisations in accordance with paragraph 3 and their result.
The national market surveillance authorities and the national data protection authorities of Member States that have been informed by deployers of the use of real-time RBI systems in publicly accessible spaces for law enforcement purposes (see Article 5 ( 4)) must submit annual reports on such use to the Commission. These reports shall be made on the basis of a template provided by the Commission. This template will be established in due time.
Where the deployer is an EU Institution, body, or agency, the EDPSis obliged to inform the Commission accordingly on an annual basis of the real-time RBI systems used in publicly accessible spaces for law enforcement purposes.
Only the report of the national data protection authority will cover the period between 2 February 2025 and 2 August 2025, since the AI Act does not require Member States to appoint a national market surveillance authority before the latter date.
National market surveillance authorities and national data protection authorities are free to decide whether they wish to submit individual reports or a joint report per Member State.