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Recitals
Chapter I: General Provisions
Chapter II: Prohibited AI Practices
Chapter III: High-Risk AI Systems

Section 1: Classification of AI Systems as High-Risk

Section 2: Requirements for High-Risk AI Systems

Section 3: Obligations of Providers and Deployers of High-Risk AI Systems and Other Parties

Section 4: Notifying Authorities and Notified Bodies

Section 5: Standards, Conformity Assessment, Certificates, Registration

Chapter IV: Transparency Obligations for Providers and Deployers of Certain AI Systems
Chapter V: General-Purpose AI Models
Chapter VI: Measures in Support of Innovation
Chapter VII: Governance
Chapter VIII: EU Database for High-Risk AI Systems
Chapter IX: Post-Market Monitoring, Information Sharing and Market Surveillance

Section 1: Post-Market Monitoring

Section 2: Sharing of Information on Serious Incidents

Section 3: Enforcement

Section 4: Remedies

Section 5: Supervision, Investigation, Enforcement and Monitoring in Respect of Providers of General-Purpose AI Models

Chapter X: Codes of Conduct and Guidelines
Chapter XI: Delegation of Power and Committee Procedure
Chapter XII: Penalties
Chapter XIII: Final Provisions
Annexes
  • Chapter IX: Post-Market Monitoring, Information Sharing and Market Surveillance
  • Section 3: Enforcement

Article 83: Formal non-compliance

Summary

This article specifies the actions market surveillance authorities must take when they identify non-compliance issues with high-risk AI systems. These issues include improper CE marking, missing or incorrect EU declarations of conformity, failure to register in the EU database, lack of an authorized representative, or unavailable technical documentation. The authority will require the provider to address these non-compliance issues within a specified timeframe. If the non-compliance persists, the authority will take measures to restrict, prohibit, recall, or withdraw the AI system from the market.

The summaries are meant to provide helpful explanation but are not legal binding.

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.

Relevant recitals