- 1.
Where the market surveillance authority of a Member State makes one of the following findings, it shall require the relevant provider to put an end to the non-compliance concerned, within a period it may prescribe:
- a) the CE marking has been affixed in violation of Article 48;
- b) the CE marking has not been affixed;
- c) the EU declaration of conformity referred to in Article 47 has not been drawn up;
- d) the EU declaration of conformity referred to in Article 47 has not been drawn up correctly;
- e) the registration in the EU database referred to in Article 71 has not been carried out;
- f) where applicable, no authorised representative has been appointed;
- g) technical documentation is not available.
- 2.
Where the non-compliance referred to in paragraph 1 persists, the market surveillance authority of the Member State concerned shall take appropriate and proportionate measures to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.
AI Act Article EN
Article 83
Formal non-compliance
Related across sources
Guidance Guidelines 10/2020 on restrictions under Article 23 GDPR Guidance Guidelines 9/2022 on personal data breach notification under GDPR Guidance Guidelines 1/2019 on Codes of Conduct and Monitoring Bodies under Regulation 2016/679 Guidance Guidelines 09/2020 on relevant and reasoned objection under Regulation 2016/679 Guidance Guidelines 4/2019 on Article 25 Data Protection by Design and by Default Version 2.0 Adopted on 20 October 2020 Guidance Guidelines 02/2022 on the application of Article 60 GDPR