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AI Act Article EN

Article 83

Formal non-compliance

  1. 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:

    1. a) the CE marking has been affixed in violation of Article 48;
    2. b) the CE marking has not been affixed;
    3. c) the EU declaration of conformity referred to in Article 47 has not been drawn up;
    4. d) the EU declaration of conformity referred to in Article 47 has not been drawn up correctly;
    5. e) the registration in the EU database referred to in Article 71 has not been carried out;
    6. f) where applicable, no authorised representative has been appointed;
    7. g) technical documentation is not available.
  2. 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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.

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