# Article 3 — Independent experts **Commission Implementing Regulation (EU) 2026/1755 · binding · OJ L, 2026/1755, 21.7.2026 · dated 20 Jul 2026 [in force]** *In force · Commission Implementing Regulation (EU) 2026/1755, OJ L, 2026/1755, 21.7.2026 · Checked against EUR-Lex on 26 Oct 2026 · [Official source](https://eur-lex.europa.eu/eli/reg_impl/2026/1755/oj/eng)* 1. Where the Commission appoints an independent expert to carry out evaluations on its behalf pursuant to Article 92(2) of Regulation (EU) 2024/1689, it shall take into account, for the purposes of assessing the independence of that expert from any provider of AI system or general-purpose AI model in accordance with Article 68(2)(b) of that Regulation, the existence of shared ownership, governance, management, personnel, or resources of the expert concerned, any previous appointment to conduct evaluations on behalf of the Commission, as well as the existence of contractual relationships between the expert and the provider concerned or any other provider over at least the 12 months prior, to the evaluation carried out by the Commission. The appointed expert shall remain independent throughout the period of appointment. Each appointed independent expert shall make a declaration of interest within the meaning of Article 10(3) of Commission Implementing Regulation (EU) 2025/454. 2. To ensure confidentiality of business secrets and other confidential information, experts appointed pursuant to Article 92(2) of Regulation (EU) 2024/1689 shall commit to maintaining the confidentiality, integrity and availability to the Commission of sensitive information to which they receive access as a result of their appointment, in accordance with Article 78 of Regulation (EU) 2024/1689. Before appointing an expert, the Commission shall take into account and assess whether the expert has in place or has access to internal and external information security protocols. The experts shall commit to maintaining appropriate security protocols throughout the duration of their appointment. 3. Expert shall comply with Article 339 of the Treaty on the Functioning of the European Union. 4. Article 78(2) of Regulation (EU) 2024/1689 shall apply mutatis mutandis to independent experts appointed pursuant to Article 92(2) of Regulation (EU) 2024/1689. 5. Providers may submit reasoned observations regarding the independent experts appointed to conduct the evaluation of their model to raise concerns related to the absence of the criteria established in Article 92(2) of Regulation (EU) 2024/1689. 6. The Commission may terminate the appointment of the independent expert when: **(a)** there has been a material change in the circumstances referred to in paragraph 1 that call into serious doubt the independence of an independent expert; **(b)** the expert fails to maintain adequate measures to ensure the confidentiality of business secrets and other confidential information pursuant to paragraph 2; **(c)** a provider submitted reasoned observation pursuant to paragraph 4 that manifestly and unequivocally prove the absence of the criteria laid down in Article 92(2) of Regulation (EU) 2024/1689.