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Artificial Intelligence Act
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AIA

AIA Article 83. Formal non-compliance

  • 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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.

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