Art. 83 Formal non-compliance | AI act regulation | AI act

1. Where the market surveillance authority means the national authority carrying out the activities and taking the measures pursuant to Regulation (EU) 2019/1020; of a Member State makes one of the following findings, it shall require the relevant provider means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge; to put an end to the non-compliance concerned, within a period it may prescribe:
  1. the CE marking means a marking by which a provider indicates that an AI system is in conformity with the requirements set out in Chapter III, Section 2 and other applicable Union harmonisation legislation providing for its affixing; has been affixed in violation of Article 48;
  2. the CE marking means a marking by which a provider indicates that an AI system is in conformity with the requirements set out in Chapter III, Section 2 and other applicable Union harmonisation legislation providing for its affixing; has not been affixed;
  3. the EU declaration of conformity referred to in Article 47 has not been drawn up;
  4. the EU declaration of conformity referred to in Article 47 has not been drawn up correctly;
  5. the registration in the EU database referred to in Article 71 has not been carried out;
  6. where applicable, no authorised representative means a natural or legal person located or established in the Union who has received and accepted a written mandate from a provider of an AI system or a general-purpose AI model to, respectively, perform and carry out on its behalf the obligations and procedures established by this Regulation; has been appointed;
  7. technical documentation is not available.
1. Where the non-compliance referred to in paragraph 1 persists, the market surveillance authority means the national authority carrying out the activities and taking the measures pursuant to Regulation (EU) 2019/1020; of the Member State concerned shall take appropriate and proportionate measures to restrict or prohibit the high-risk AI system means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments; being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.