Article 83
Formal Non-Compliance
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:
the CE marking has been affixed in violation of Article 48;
the CE marking has not been affixed;
the EU declaration of conformity referred to in Article 47 has not been drawn up;
the EU declaration of conformity referred to in Article 47 has not been drawn up correctly;
the registration in the EU database referred to in Article 71 has not been carried out;
where applicable, no authorised representative has been appointed;
technical documentation is not available.
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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.
Where Article 83 sits in the EU AI Act
Article 83 is provision 12 of 23 in Chapter IX: Post-Market Monitoring, Information Sharing and Market Surveillance, within Section 3: Enforcement, which covers Articles 72–94 of Regulation (EU) 2024/1689.
Provisions referenced in Article 83
The text of Article 83 cites the following provisions. Read them alongside it: cross-references carry binding requirements.
Source and verification
This is the text of Article 83 of Regulation (EU) 2024/1689, unchanged since it was adopted. It has been checked against the consolidated text on EUR-Lex. Where this page and EUR-Lex disagree, EUR-Lex governs.