(1) The AI Market Surveillance Chamber has three members. The Chamber is chaired by the President of the Federal Network Agency (Bundesnetzagentur). The Vice-Presidents of the Federal Network Agency are assessor members (beisitzende Mitglieder). Decisions of the AI Market Surveillance Chamber are taken by a simple majority of the members. In the event of a tie, the Chair has the casting vote.
(2) The AI Market Surveillance Chamber is supported by a registry office (Geschäftsstelle). It may draw on the staff and material resources of the Federal Network Agency to perform its tasks. While working for the AI Market Surveillance Chamber, staff of the Federal Network Agency are subject exclusively to the instructions of the members of the AI Market Surveillance Chamber.
(3) The AI Market Surveillance Chamber acts with complete independence. It shall be free from direct or indirect external influence and shall neither seek nor take instructions.
(4) The AI Market Surveillance Chamber shall submit an annual activity report to the Bundestag. The report shall be prepared for the first time for the year 2026 and shall be transmitted to the Bundestag by 31 March of the year following the reporting year in each case.
(5) The tasks of the AI Market Surveillance Chamber do not extend to reviewing the formal and substantive requirements, laid down in Article 5(2) and (3) and Article 26(10) of Regulation (EU) 2024/1689, governing the authorisation of the use of high-risk AI systems and the use of those systems in individual cases.