# Article 83 – Formal non-compliance

_CHAPTER IX – POST-MARKET MONITORING, INFORMATION SHARING AND MARKET SURVEILLANCE_

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to restrict or prohibit the high-risk AI system being made available on the market or to ensure that it is recalled or withdrawn from the market without delay.

Applies from: 2026-08-02

Source: Regulation (EU) 2024/1689 (AI Act), text in force on 2026-10-28. https://aiact.binary.tools/act/art83