Article 83: Formal non-compliance
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:
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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.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